A few basic terms to help you understand this Agreement.
2. Acceptable Use
These are the basic rules you must follow when using our Site.
3. Intellectual Property Notice
This describes our intellectual property rights to and in the Site.
4. Communications with Yum Yum Donuts
We communicate with you via email. Learn more here.
5. Termination and Suspension
We may cancel this Agreement at any time.
6. Can I bring a class action lawsuit
By using our Site, you agree that you will not bring a class action lawsuit and will resolve all disputes individually.
7. Disclaimer of Warranties
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
8. Limitation of Liability
We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You are fully responsible for your use of the service.
10. Third-Party Links
We may link to third-party sites and services, or otherwise display third party content through our Site.
11. Changes to these Terms of Service
We may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.
12. What if I live outside of the United States
This Site is not directed to users outside of the United States.
Please see this section for legal details including our choice of law.
14. How to contact us
Please feel free to contact us if you have questions.
We understand that some of you may not agree with everything in this Agreement. If that is the case, we please ask that you do not access or use our Site or provide us with any information.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Yum Yum Donuts Privacy Notice, available at https://yumyumdonuts.com/privacy-policy).
- The “Site” refers to Yum Yum Donuts’ website located at www.yumyumdonuts.com, and all content, services, and products provided by us at or through the Site.
- “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Site; that accesses or uses any part of the Site; or that directs the use of the Site in the performance of its functions. You must be at least 13 years of age.
- “Yum Yum Donuts,” “We,” and “Us” refer to (Yum Yum Donut Shops Inc.), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, designs, features, and other materials that are available on the Site.
- “User” includes visitors and customers.
- Acceptable Use
Your use of the Site must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Site follows the law and any applicable regulations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without our express written permission.
- Intellectual Property Notice
Yum Yum Donuts, our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Site. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Yum Yum Donuts. We reserve all rights that are not expressly granted to you under this Agreement or by law.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Yum Yum Donuts or such Marks’ respective owners. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
- Communications with Yum Yum Donuts
- Termination and Suspension
Yum Yum Donuts has the right to suspend or terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. Yum Yum Donuts reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Can I bring a class action lawsuit?
No. This is a Class Action Waiver. YOU AND YUM YUM DONUTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and Yum Yum Donuts agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Disclaimer of Warranties
The Site is provided “as is” and “as available,” without warranty of any kind. We do not warrant that the Site will meet your requirements; that the Site will be uninterrupted, timely, secure, or error-free; that the information provided through the Site is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
We make no promises or guarantees about this Site. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- Limitation of Liability
We will not be liable for damages or losses arising from your use or inability to use the Site or otherwise arising under this Agreement. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- your use or inability to use the Site;
- unauthorized access to or alterations of your transmissions or data;
- any other user interactions that you input or receive through your use of the Site; or
- any other matter relating to the Site.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
- Third-Party Links
We may link to or be linked from other websites that are not maintained by, or related to, Yum Yum Donuts. We do not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge Yum Yum Donuts has not reviewed and does not endorse the content of all sites linked to from this Site and is not responsible for the content or actions of any other sites linked to from this Site. We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Changes to These Terms
- What if I live outside of the United States
Yum Yum Donuts is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information if you live outside of the United States. We do not operate outside of the 48-contiguois states. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include terminating your access and deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us yycustservdept [at] yumyumdonuts.com.
Except to the extent applicable law provides otherwise, this Agreement between you and Yum Yum Donuts and any access to or use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Yum Yum Donuts agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California.
Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Yum Yum Donuts to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
- How to contact us
Last updated: May 31, 2019