TERMS AND CONDITIONS
THANKS FOR VISITING OUR WEBSITE!
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE, ANY WEBSITE OPERATED BY DONUT BAR AND TO THE FULLEST LEGAL EXTENT POSSIBLE, ANY DONUT BAR SOCIAL MEDIA PAGES (COLLECTIVELY REFERRED TO AS THE “WEBSITE”). BY USING THE WEBSITE, YOU EXPRESSLY: (I) ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE WITH ALL THE TERMS AND CONDITIONS CONTAINED HEREIN; AND (II) REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) AND HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE LEAVE THE WEBSITE IMMEDIATELY. PLEASE BE SURE YOU UNDERSTAND THIS INFORMATION BECAUSE THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE THE WEBSITE. THANK YOU FOR YOUR COOPERATION.
We reserve the right to modify these Terms and Conditions at any time so please be sure to read them each time you use the website. By using the website, you agree to be bound by all the terms and conditions contained herein. Please note that if you have entered into separate agreement(s) with us, then to the extent any terms are in conflict, the terms of your separate agreement(s) shall govern, as those were drafted specifically for you in furtherance of doing business with us. Otherwise, the non-conflicting terms of this Agreement shall continue to apply and shall govern your use of our website.
RIGHTS AND RESTRICTIONS ON USE OF THE WEBSITE
Donut Bar grants you a personal, limited, non-exclusive, non-transferable revocable license to access and use the website and the content herein, for your individual and (unless otherwise indicated in this Agreement) non-commercial use. You understand that you need prior written permission from Donut Bar to share content found on the website digitally. If you are granted said permission, you agree to keep the appropriate copyright, trademark or patent notices attached. You acknowledge that the website generally, and its contents, are primarily intended for informational and marketing purposes. You agree not to use the website, or your access to the website, for any fraudulent or illegal purposes. Furthermore, you agree not to disrupt, post viruses, upload malware or otherwise harm Donut Bar, this website or any associated third parties.
COPYRIGHTS, TRADEMARKS, PATENTS AND TRADE SECRETS (“INTELLECTUAL PROPERTY”)
Donut Bar either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, patents and all other content found on the website, or has permission to use aforementioned content and intellectual property. Except as otherwise indicated in this Agreement, you may not use these for any reason without prior written permission from Donut Bar. You acknowledge that using a third party’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property is against the law and may violate Donut Bar’s, or a third party owner’s, rights. You also understand that unauthorized use of such content may lead to your personal, and possibly criminal, liability; and by accessing and using the website, you agree to respect the aforementioned rights and abide by the restrictions of use as set forth under this Agreement.
You may have the opportunity to submit information to us, including but not limited to, ideas, videos or comments either through e-mail, our blog or our social media pages. You agree that any submissions of content you make to the website or any of Donut Bar’s social media pages: (i) will be truthful, accurate and complete; (ii) will not disparage any third party, including Donut Bar; (iii) will not infringe on a third party’s intellectual property rights or injure a third party; and (iv) that you have the right to make said submissions. If applicable, we have the right, in our sole discretion, to remove any content we determine is unlawful, inappropriate or possibly violates any third party’s intellectual property (please also see below). Notwithstanding, we have no obligation to monitor, edit or remove any content. We assume no responsibility or liability for user content submitted by you or others. For any submission of a creative nature, including photographs, videos, drawings and other content, you hereby grant Donut Bar and any related parties an irrevocable license to use any such submission without any compensation whatsoever to you and without prior permission from you. You understand that any such submissions are not confidential.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Notice Requirements: If you believe that material found on a website operated by Donut Bar infringes your copyright, you may send a notice of infringement via e-mail or in writing using the contact information found at the bottom of this Agreement. You must include all of the following required information in order for us to evaluate your claim:
1. A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon – signatures may be provided electronically by typing your name;
2. A description in sufficient detail of the work allegedly infringed upon;
3. Identification of the allegedly infringing material on the website including the specific location of the material;
4. The name of the intellectual property owner, and contact information for the notifying party including name, address, telephone number and email address;
5. A statement that the notifying party has a good faith belief that the material is not authorized by the intellectual property owner, its agent or the law; and
6. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice.
Counter-Notice Requirements: If you have a good faith belief that material removed or disabled as a result of a notice of copyright infringement to Donut Bar was done so in error, you may send a counter notice to Donut Bar using the contact information found at the bottom of this Agreement. You must include all of the following required information:
1. Your signature, which may be provided electronically by typing your name;
2. Identification of the material that has been removed or to which access has been disabled;
3. A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the federal court in Orange County, CA and that you will accept service of process from the person who provided the original notification or an agent of such person.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice.
Please note that any person who knowingly materially misrepresents information herein (whether in relation to a notice or counter-notice) may be subject to liability under the Copyright Act.
LINKS TO OTHER WEBSITES
For your convenience, the website may include some links to third party websites not related to Donut Bar. We are not responsible for, nor do we endorse or have any control over, the content found on any such third party website. We cannot make any representations whatsoever about the content or warranties or security of the other websites, and recommend you carefully read their Terms and Conditions and Privacy Policies before use. We do not verify information on other linked sites and assume no liability or responsibility whatsoever for use of any other websites, so it is important for you to research them yourself. We have no control over, and will not be liable for, the information and/or experience you encounter once you leave our website.
You understand that any educational and instructional materials, presentations, videos, case studies, success stories and other information provided are for informational purposes only and are not indicative of your outcome. Information provided on the website is not intended as advice. We cannot guarantee your situation will be the same as one provided on this website, and we cannot guarantee any outcome of products or services. If you work with Donut Bar, then you will have to sign additional documentation that shall address your specific and separate working relationship.
USING THIS, OR ANY OTHER DONUT BAR WEBSITE, IS DONE AT YOUR OWN RISK. THE WEBSITE, AND ANY FEATURES THEREOF, ARE PROVIDED “AS AVAILABLE” AND “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DONUT BAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANT ANY RESULTS UPON USE OF THE CONTENTS ON THE WEBSITE (INCLUDING THAT IT IS FREE OF VIRUSES OR HARMFUL ELEMENTS) OR ANYTHING ELSE FOUND ON THE WEBSITE IN TERMS OF RELIABILITY OR ACCURACY. NO WARRANTIES OF ANY KIND ARE MADE REGARDING YOUR USE OF CONTENT AND/OR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS. DONUT BAR IS NOT RESPONSIBLE FOR OMISSIONS OR ERRORS CONTAINED ON THE WEBSITE, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY, INCLUDING COSTS, FOR YOUR USE, INCLUDING ANY NECESSARY SERVICING, CORRECTION OR REPAIR. WE CANNOT GUARANTEE THE UNINTERRUPTED USE OF OUR WEBSITE, OR THE PROPER USE OR FUNCTIONING OF OUR WEBSITE, ON YOUR COMPUTER, OR YOUR INTERNET. PLEASE NOTE SOME OF THE ABOVE DISCLAIMERS AND WARRANTIES MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION’S APPLICABLE LAW.
LIMITATIONS ON LIABILITY
DONUT BAR, ITS AFFILIATES, RELATED ENTITIES, CONTENT PROVIDERS, LEGAL AND OTHER ADVISORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY REASON ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE THE WEBSITE; THIS INCLUDES CONTENT AND DOWNLOADS; AND THIS APPLIES EVEN IF DONUT BAR OR ITS AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DONUT BAR WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT EXCEED ANY AMOUNTS PAID TO DONUT BAR, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DONUT BAR, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, LEGAL AND OTHER ADVISORS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS AND DAMAGES, INCLUDING COSTS, REASONABLE ATTORNEYS’ FEES AND EXPENSES, LAWSUITS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ILLEGAL PURPOSES OR MISUSE OF THE WEBSITE.
GOVERNING LAW / DISPUTES
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. ANY CONTROVERSY OR CLAIM RELATING TO THE WEBSITE, ITS CONTENTS OR THIS AGREEMENT, NOT OTHERWISE RESOLVED BY YOU AND DONUT BAR, SHALL BE SETTLED EXCLUSIVELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH ARBITRATION WILL BE CONDUCTED IN A PLACE CLOSE IN PROXIMITY TO DONUT BAR’S MAIN OFFICE IN SANTA ANA, CALIFORNIA. ACCORDINGLY, YOU HEREBY SUBMIT TO PERSONAL JURISDICTION IN ORANGE COUNTY, CALIFORNIA; AND YOU ALSO ACKNOWLEDGE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF ANY MATTER RELATING TO THE WEBSITE, ITS CONTENT OR THIS AGREEMENT, MUST BE BROUGHT WITHIN ONE YEAR AFTER ACCRUAL OF INCIDENT, OR WILL BE BARRED FOREVER AFTER. DONUT BAR, HOWEVER, MAY INITIATE LEGAL PROCEEDINGS IN THE JURISDICTION OF ITS CHOICE TO SEEK AN INJUNCTION, RECOVER DAMAGES, ETC. RELATING TO YOUR USE OF THE WEBSITE, IF APPLICABLE.
You can terminate this Agreement at any time by ceasing to use the website. Donut Bar may, for whatever reason, in its sole discretion, terminate this Agreement and deny you further access to the website. If this occurs, you agree to abide by our decision, and you still affirm that this Agreement applies to all uses prior to termination.
The headings of the different sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
Unless otherwise indicated herein, this Agreement contains the entire understanding between you and Donut Bar relating to your use of the website.
631 B St.
San Diego, CA 92101
E-mail: [email protected]
©2018 DONUT BAR. All Rights Reserved.