COLD STONE CREAMERY® WEB SITE TERMS OF USE AND LEGAL NOTICES

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS.  IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN.

IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEB SITE.

 

Use of Site. Cold Stone Creamery, Inc. ("Cold Stone Creamery") authorizes you to view and download the materials at this Web site and other Cold Stone Creamery Web sites that are linked to this site or affiliated with this site ("Site"), under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of Cold Stone Creamery EXCEPT: only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited.

 

Use of Software. If you download any software from this Site ("Software"), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by Cold Stone Creamery. Neither title nor intellectual property rights are transferred to you, but remain with Cold Stone Creamery, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

 

Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Cold Stone Creamery and/or its subsidiaries and affiliates or by other parties that have licensed their material to Cold Stone Creamery. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

 

There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making them available on this Site, Cold Stone Creamery is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Cold Stone Creamery's or any third party's intellectual property rights. Use of Cold Stone Creamery's proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use. A Franchise Agreement with the Franchisees governs use of the Content and the Marks by Franchisees.

 

COLD STONE CREAMERY^®, COLD STONE CREAMERY^® Logo and Designs, COLD STONE^®, THE ULTIMATE ICE CREAM EXPERIENCE^®, CREATIONS COLD STONE ORIGINALS ^TM, CREATIONS ^TM , CREATIONS ^TM ice cream selections, Cake Batter ^TM, the Medallion and the Ice Cream Logos are all registered trademarks, pending applications, and/or common law marks of Cold Stone Creamery in the United States and over 25 foreign countries.

Cold Stone Creamery's trademarks may be used publicly with permission only from Cold Stone Creamery. Fair use of Cold Stone Creamery's trademarks in advertising and promotion of Cold Stone Creamery products requires proper acknowledgment. No Cold Stone Creamery trademark or service mark may be used as a hyperlink without Cold Stone Creamery's prior written permission.

 

OREO^® is the registered trademark of Kraft Food Holdings, Inc., and Butterfinger^® is the registered trademark of Nestle, Inc.

All other names and brands are the proprietary marks of others.

 

The various marks on this site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Cold Stone Creamery or under license to Cold Stone Creamery. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Cold Stone Creamery worldwide proprietary ownership rights, and Cold Stone Creamery may own or control other proprietary rights in one or more countries outside of the United States.

 

User Submissions. Cold Stone Creamery does not accept, nor does it solicit, any product or process ideas, innovations suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the "Communications") are assigned to, and will forever be the property of, Cold Stone Creamery without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the Cold Stone Creamery Privacy Statement, any Communications will be considered non-confidential and non-proprietary. Cold Stone Creamery will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Cold Stone Creamery operations. Cold Stone Creamery will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

 

For any Communications that cannot be legally assigned to Cold Stone Creamery, you hereby grant Cold Stone Creamery and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Cold Stone Creamery is free to use any ideas, concepts, know-how or techniques that you send Cold Stone Creamery for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

 

Your Account.  When you create a My Cold Stone account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  

 

User Forums. Cold Stone Creamery may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Cold Stone Creamery, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.

 

Links To Third Party Web Sites. This Site may provide links to other third party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Cold Stone Creamery has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Cold Stone Creamery makes no representations whatsoever about any other web site, which you may access through this Site, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that Cold Stone Creamery is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Cold Stone Creamery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

 

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

COLD STONE CREAMERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

COLD STONE CREAMERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE COLD STONE CREAMERY MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT COLD STONE CREAMERY ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT COLD STONE CREAMERY. COLD STONE CREAMERY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE SECTION OF THE SITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF A UNIFORM FRANCHISE OFFERING CIRCULAR (UFOC). FILING OF AN APPLICATION FOR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.

Limitation of Liability. IN NO EVENT WILL COLD STONE CREAMERY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, COLD STONE CREAMERY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 

Procedure for Making Claims of Copyright Infringement. Cold Stone Creamery respects the intellectual property rights of others, and expects its users to do the same. Cold Stone Creamery will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA)DMCA Website. Any notifications of claimed copyright infringement must be sent to Cold Stone Creamery at the following address: customerrelations@coldstonecreamery.com. When notifying Cold Stone Creamery of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

 

GENERAL TERMS

Applicable Laws. Cold Stone Creamery from its offices within the United States of America controls this Site. Cold Stone Creamery makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

 

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of Arizona. In addition, you hereby accept and submit to the personal jurisdiction of these Arizona courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Equal Opportunity. Cold Stone Creamery is an equal opportunity employer committed to a diverse workforce. Cold Stone Creamery's franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. The franchisee is the entity responsible for all employment related decisions. To be considered for a posted job opportunity, you must submit an application.

 

Termination. Cold Stone Creamery, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Cold Stone Creamery believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

Notices. Notices to you may be made via either email or regular mail. Cold Stone Creamery may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

 

Privacy. Cold Stone Creamery recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. COLD STONE CREAMERY encourages parents to supervise their children's online activities. Children 12 years old and younger may visit this Site without disclosing any personally identifiable information. However, it is sometimes necessary to collect some personally identifiable information about children from their parent or legal guardian in order to allow them to use some features of our site (like joining the Cold Stone Creamery Birthday Club).  Please see our Privacy Statement for more information.

Revisions. Cold Stone Creamery may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and Cold Stone Creamery makes no commitment to update the materials and services at this Site.

 

Additional Terms. Certain products or services offered by this Site, whether by Cold Stone Creamery or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

 

Waiver. Cold Stone Creamery failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Cold Stone Creamery's rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Cold Stone Creamery nor the reliance of any person on Cold Stone Creamery's actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of Cold Stone Creamery may only provide a legal waiver.

 

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
 
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