TERMS AND CONDITIONS FOR USE OF THIS SITE
Effective Date: June 27, 2016
The following terms and conditions govern the use of the websites provided by Martin’s Famous Pastry Shoppe, Inc. (“we,” “us,” or “our”). Your use of our websites constitutes your acceptance of these terms and conditions.
We reserve the right to change these terms and conditions from time to time. If we make any material changes to these terms and conditions, we will post a notice of the change on our websites. Your continued use of our websites indicates your acceptance of any such changes.
Use of Martin’s Content on Our Websites
We maintain our websites for your personal, non-commercial use. You may download a copy of any logos, images, photographs, designs, graphics, slogans, texts, or any other content (collectively, “Martin’s Content”) from our websites onto your computer for your personal, non-commercial use, provided that (i) you maintain all copyright, trademark, and other notices that accompany such Martin’s Content and (ii) you may only use our websites as permitted by law, including applicable export control laws and regulations. Except as permitted in the immediately preceding sentence, you may not copy, post, transmit, upload, reproduce, distribute, modify, create derivative works from, or otherwise exploit any Martin’s Content. We reserve the right, at any time, to terminate your right to use or copy Martin’s Content.
Ownership of Intellectual Property
We own or have a license to use all of the Martin’s Content, including, without limitation, all trade and service marks, trade and brand names, trade dress, copyrights, and other rights of authorship, displayed on our websites. Except as expressly permitted above under the heading “Use of Martin’s Content on Our Websites,” your use of any of the Martin’s Content on our websites is strictly prohibited and nothing in these terms and conditions or elsewhere on our websites should be construed as granting you (by implication or otherwise) any license, right, title, or interest in or to any such Martin’s Content. Your unauthorized use of any Martin’s Content on our websites may violate the law. We reserve all rights not expressly granted you by these terms and conditions and all use of such Martin’s Content will inure to our benefit.
Disclaimer of Warranties
Your access and use of our websites and the Martin’s Content provided on our websites is at your own risk. We do not warrant that your use of the Martin’s Content displayed on our websites will not infringe on the rights of third parties. We do not warrant that your access to our websites or use of the Martin’s Content from a location outside the United States of America will comply with applicable law in that location. The Martin’s Content on our websites may be inaccurate or out of date and may otherwise contain errors or omissions. We do not warrant that our websites or the Martin’s Content on our websites will be free of errors, viruses, malicious software, or corrupted files. We do not warrant that access to our websites will be uninterrupted. We reserve the right, at any time without notice, to modify or discontinue operation of or access to our websites, or any portion of our websites, for any reason. We assume no liability or responsibility for any damage to you, your computer, or your property that arises out of or relates to your access to, use of, or downloading from our websites or any Martin’s Content provided on our websites. OUR WEBSITES AND THE MARTIN’S CONTENT ON OUR WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties so some of the disclaimers above may not apply to you.
Limitation on Our Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF OUR WEBSITES OR ANY MARTIN’S CONTENT PROVIDED ON OUR WEBSITES.
In order to access certain features of our websites, you may be required to create an account. If you create an account, you must provide true, accurate, and complete information about yourself and update such information so that it remains true, accurate, and complete. You are solely responsible and liable for any activity that occurs on your account, whether authorized by you or not, and we encourage you to keep your password secure. We will not be liable for any damages of any kind arising out or relating to your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive notices and information from us.
User Submitted Content
By submitting any logos, images, photographs, designs, graphics, slogans, texts, ideas, information, or other content (collectively, “User Content”) to us or any of our websites,
- you grant us an unconditional, perpetual, and irrevocable right to display, broadcast, publish, use, exploit, edit, and/or modify any such User Content in any and all media, throughout the world, for any and all purposes (including to develop, produce, market, and/or sell products that are based upon or otherwise incorporate such User Content and any and all other commercial purposes);
- you also grant each user of our websites a perpetual and irrevocable right to use any such User Content to the extent permitted by these terms and conditions;
- you agree that we and the users of our websites may exercise these rights without any liability to or further approval from you and you will not be entitled to any notice, credit, or compensation of any kind in connection with the exercise of these rights; and
- you agree that we will not be obligated to treat any such User Content as confidential or proprietary.
By submitting any User Content to us or any of our websites, you also represent and warrant to us as follows:
- you own all right, title, and interest in such User Content;
- you have all rights and permissions necessary to submit such User Content and to grant us and the users of our websites the right to display, broadcast, publish, use, exploit, edit, and/or modify such User Content as contemplated by these terms and conditions;
- such User Content, and any displaying, broadcasting, publishing, using, exploiting, editing, and/or modifying of such User Content by us as contemplated by these terms and conditions, does not and will not violate the intellectual property (including copyrights and trademarks), privacy, publicity, or other rights of any third party or any applicable laws or regulations;
- such User Content is not offensive, obscene, indecent, threatening, harassing, abusive, defamatory, fraudulent, or otherwise objectionable in any way;
- such User Content does not encourage or promote any activities that may appear unsafe or dangerous, would give rise to civil liability, or are illegal;
- such User Content does not contain any viruses, malicious software, corrupted files, or any software that may adversely affect the operation of our websites;
- such User Content is not confidential or proprietary; and
- you are capable of entering a contract under applicable law.
We have the right to reject, remove, or deny access to any User Content or materials submitted to us or our websites at any time for any reason.
You agree to defend, indemnify, and hold harmless us and our affiliates, subsidiaries, directors, officers, employees, representatives, and agents from any and all claims, suits, actions, liabilities, damages, losses, or costs, including reasonable attorneys’ fees, arising out of or resulting from your actual or alleged breach of these terms and conditions or any representation, warranty, grant, or agreement by you to us. We also have the right to pursue any other remedies that may be available to us under applicable law. Your obligations under this paragraph shall survive any modification or termination of these terms and conditions.
If you purchase products through our websites, you must provide us with valid credit card and billing information. You agree to pay the price that is stated at the time of your order as well as any applicable taxes. You also agree that we (or our agents) may bill your credit card for the total amount displayed at check out. All purchases through our websites are final and no refunds will be given. By purchasing products through our websites, you represent and warrant to us that you are capable of entering a contract under applicable law.
We will investigate any notices of claimed infringement we receive regarding U.S. copyrights and respond in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Please send any notice of alleged copyright infringement to our designated agent as follows:
If by mail:
Martin’s Famous Pastry Shoppe, Inc.
1000 Potato Roll Lane
Chambersburg, PA 17202
Attn: General Counsel
If by email:
If by phone:
800.548.1200 (attn: General Counsel)
Governing Law and Venue
These terms and conditions and all disputes arising out of or relating to our websites are governed by, and will be construed in accordance with, the laws of the Commonwealth of Pennsylvania and of the United States of America without giving effect to principles of conflicts of law. The venue for any matter arising out of or relating to our websites will be in a state or federal court of competent jurisdiction in the Commonwealth of Pennsylvania.
If any provision of these terms and conditions is invalid, illegal, or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of such invalidity, illegality, or unenforceability, without affecting in any way the remaining provisions of these terms and conditions in that jurisdiction or rendering that or any other provision of these terms and conditions invalid, illegal, or unenforceable in any other jurisdiction. Upon the determination that any provision of these terms and conditions is invalid, illegal, or incapable of being enforced, that provision will be so modified to the extent necessary to render it valid and enforceable and so as to effect the original intent of these terms and conditions as closely as possible.
No course of dealing, delay, or failure by us to exercise or enforce at any time any right or provision of these terms and conditions shall be considered a waiver of that right or provision or our right thereafter to exercise or enforce that and each and every other right and provision of these terms and conditions.
Any claim or cause of action you may have with respect to our websites must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
If you have any questions regarding these terms and conditions, please do not hesitate to contact us by email at email@example.com, by phone at 1-800-548-1200, or by mail at:
Martin’s Famous Pastry Shoppe, Inc.
1000 Potato Roll Lane
Chambersburg, PA 17202
Attn: General Counsel