3. Content we make available on the Site. Orange Leaf may make available, now or in the future, via the Site content, including (but not limited to) information, comments, reviews as well as texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that Orange Leaf owns the trademarks “Orange Leaf,” the Orange Leaf “O” device and all associated Orange Leaf trade names, trademarks, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Orange Leaf trademarks and Orange Leaf logos may only be used in conjunction with Orange Leaf Frozen Yogurt Stores, goods produced by Orange Leaf or with the express prior approval of Orange Leaf. For the avoidance of doubt, the Orange Leaf logo may be used by Orange Leaf only.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE
(INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing your Content through the Site, your Content may become publicly accessible. You grant to Orange Leaf and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, your Content, in any media now known or hereafter developed, for Orange Leaf and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.
The foregoing licenses shall survive any termination of your use of the Site, as further described below.
For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.
5. Rules of Conduct. In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. Orange Leaf will fully cooperate with any law enforcement authorities and/or court order requesting or directing Orange Leaf to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct. Orange Leaf reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.
a. You are prohibited from posting or transmitting, through or in connection with the Site:
- Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
- Any material non-public information about a company without the proper authorization to do so.
b. In addition, you will not:
- Use the Site for any fraudulent or unlawful purpose;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
- Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
- Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
- Frame or mirror any part of the Site without our express prior written consent;
- Create a database by systematically downloading and storing all or any Site content; or
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.
6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE AS ACCURATE AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ORANGE LEAF NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our Copyright Policy [site].
12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.
13. Contact. This Site is operated by
Orange Leaf Holdings LLC
14301 Caliber Dr., Suite 100
Oklahoma City, OK 73134
Site©2018 Orange Leaf Holdings unless otherwise noted. All rights reserved.
Disclaimers/Disclosures for SOS NKH Campaign:
Orange Leaf is proud once again to participate in Share Our Strength’s annual No Kid Hungry campaign to end childhood hunger. You can help make Share Our Strength’s goal come true by making a donation at any participating Orange Leaf location in the United States from September 3rd through September 30th, 2018. Donations may be made in any amount.
If you make a donation of at least $1, Orange Leaf will give you a coupon good for $3.30 of free frozen yogurt/ toppings at weigh and pay locations or a free Beginner Cup at set price cup locations at your local Orange Leaf Store. The type of redemption depends on the local store. Beginner Cups are available only at fixed price stores. Six ounces of free frozen yogurt are available at weigh-and-pay stores. Limit- one coupon per person per day only. The coupon may be redeemed beginning one day after your eligible donation and expires on October 31, 2018. No cash value. The value of the coupon does not count toward Ounce Back or other loyalty card points. It cannot be combined with any other offer.
This charitable effort and coupon promoted are sponsored by Orange Leaf Holdings LLC, 14301 Caliber Dr., Suite 100, Oklahoma City, OK 73134. Contact: Kristen Campbell, Director of Marketing. Telephone: 405-463-7300. Email: Charities@orangeleafyogurt.com Orange Leaf is not compensated for its participation in this charitable effort.
All donations will be turned over to Share Our Strength except for a processing fee of approximately 2.9% charged by our payment card processor to process donations made by payment cards. One hundred percent of cash donations will be turned over to Share Our Strength.
You may also make a donation directly at www.orangeleafyogurt.com/donate On-line donations are subject to a processing fee.
All donations, less any processing fee charged by our payment card processor, will be turned over to and used by Share Our Strength to support its No Kid Hungry programs. Share Our Strength is a charity located in Washington D.C. Donations to Share Our Strength are tax deductible. Washington state residents may contact the Washington Secretary of State, 800 Capitol Way S, Olympia WA, 98504. Tel: 360-725-0377.