PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This website (we’ll call it the “Site”) at Friendlys.com is fully controlled and operated by Friendly’s Ice Cream, LLC (we’ll call ourselves “we,” “us” or “Friendly’s”). By accessing and using this Site, you agree to be legally bound by these terms and conditions of use we have established. If you do not agree with all of the following terms and conditions, please do not use this Site or any of its interactive features.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Age and Residency Restrictions upon use of the Site
The Site is intended for use exclusively by residents of the United States of America. Certain activities, contests or sweepstakes may have age and/or residency restrictions. Persons who live outside the U.S. may not participate in Site activities and have no rights or claims with respect to use of the Site.
Should registration be required to participate in any Site activity, and if you elect, with parental consent as appropriate, to register to participate in such activity, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site’s registration and/or activity form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it current and accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Friendly’s has reasonable grounds to suspect that such is the case, Friendly’s has the right to suspend or terminate your use of the Site and refuse any and all current or future use of the Site (or any portion thereof) to you. Furthermore, should any registration require you to select a log-in name and/or password, you will be solely and exclusively liable and responsible for all actions taken under that log-in name and/or password, whether those actions are taken by you or a third party using that log-in name and/or password. It is your sole and exclusive responsibility to maintain the confidentiality of your log-in name and/or password.
Restrictions On Use Of Materials
All materials contained in the Site (we’ll call it “Site Content”) are the copyrighted property of Friendly’s and/or third party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to Friendly’s. No Site Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Site Content on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Site Content, (iii) you do not use the Site Content in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of the Site Content to a database that can be used to avoid future downloads from any Friendly’s website, including the Site. The use of any Friendly’s Site Content on any other website or computer environment is prohibited.
In the event you download software from the Site or any other Friendly’s website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial, home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Community Standards And Conduct
You are entirely responsible for the content of any materials that you post, email or otherwise transmit to the Site. You agree to not use the Site or any portion of the Site to:
- upload, post, email or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or otherwise objectionable under community standards for appropriate and decent behavior;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an agent or official of Friendlys.com or Friendly’s, or a Forum leader, guide or host, if any; or falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to, from or through the Site;
- upload, post, email or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary right(s) of any party;
- upload, post, email or otherwise transmit any material that contains bugs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site or a Forum are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges or real time accessibility;
- intentionally or unintentionally violate any applicable local, state, national or international law.;
- “stalk” or otherwise harass another member or user of the Site; or
- attempt to view, gain access to, collect or store personal data about other users of the Site.
The term “Forum” refers to any chat area, bulletin board, instant messaging or virtual community which may be a part of the Site. The Site may also provide users with access to e-mail. Any such Forum and e-mail, if offered, are to be used only in a noncommercial manner. You shall not, without Friendly’s express prior written approval in each case, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
All Site Forum communications are public and not private communications. Although Friendly’s reserves the right to remove, without notice, any posting at any Forum for any reason, we have no obligation to delete Forum content that you may find objectionable or offensive. By uploading Site Content or other postings to any Forum or submitting any materials, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and/or sublicense such materials (in whole or in part), create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed or devised throughout the universe. In addition, you warrant that all so-called “moral rights,” if any, in those materials have been waived.
Your privilege to use any Forum and to contribute to discussions on any Forum depends on your compliance with the member conduct guidelines set forth above. We may revoke your privilege and/or take any other appropriate measures to enforce these guidelines without any liability whatsoever to you, if we believe violations have occurred, as solely determined by us, or violations are brought to our attention. Further, we may in our sole discretion, terminate your access to or participation in any Forum for any reason.
It is our policy to respect the privacy of all users. Therefore, we will not edit, or disclose the contents of a user’s or member’s e-mail unless required in the course of normal maintenance of the Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Friendly’s; (2) protect and defend the rights or property of Friendly’s; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.
Friendly’s reserves the right to monitor some, all, or no activity on any Forum on the Site for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, the Site is acting as a passive conduit for such distribution and Friendly’s is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area. You acknowledge that the content of any materials, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such materials originated. Friendly’s does not control the content of materials third parties post at the Site and does not guarantee the accuracy, integrity or quality of any such postings. You understand that by using the Site, you may be exposed to Site Content that may be offensive, indecent or objectionable to you. Under no circumstances will Friendly’s be liable in any way for any Site Content, including, but not limited to, any errors or omissions in any Site Content, or for any loss or damage of any kind incurred as a result of the use or viewing of any Site Content posted, emailed or otherwise transmitted to or from the Site.
Contests, Sweepstakes, And Other Activities
Friendly’s will, from time to time, provide “Rules of Participation” for certain activities on this Site, including, without limitation, contests and sweepstakes by Friendly’s and in conjunction with third parties. This Agreement is incorporated by reference into the specific Rules of Participation that appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
If you submit materials to participate in a contest, or if you send us creative suggestions, ideas, notes, drawings, or other information (we’ll call them “Submissions”), whether voluntarily or at our request, such Submissions shall be deemed, and shall remain, the property of Friendly’s. None of the Submissions will be subject to any obligation of confidence on the part of Friendly’s, and Friendly’s will not be liable for any use or disclosure of any Submissions. Without limitation, Friendly’s will exclusively own all rights to the Submissions of every kind and nature, now known or hereafter existing throughout the universe, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation of any kind or nature or other consideration to the provider of the Submissions, or any notice to, review of, or permission of, the provider of the Submissions.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Friendly’s is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRIENDLY’S, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIREC™ SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FRIENDLY’S OR ANY THIRD PARTY. IN NO EVENT SHALL THE LIABILITY OF FRIENDLY’S TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRAC™ TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Third Party Hyperlinks
The appearance of external hyperlinks does not constitute endorsement by Friendly’s, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Friendly’s does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these other websites. Furthermore, Friendly’s is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such websites. As such, neither Friendly’s nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these websites. Finally, under no circumstances will Friendly’s be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party hyperlinked websites.
Disclaimer Regarding Shopping
The Site may provide advertisements to help you locate and potentially purchase products or services (collectively “Merchandise”) from online and offline retailers. Friendly’s does not, however, control these independent retailers and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their Merchandise. When shopping by means of advertisements provided on the Site, you acknowledge and agree that: Friendly’s does not endorse any of the Merchandise linked to or through the Site, nor has Friendly’s taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through the Site or their own web sites.
Friendly’s does not take orders for any Merchandise using credit cards over a secure web site. Friendly’s expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party. We advise you to exercise your own judgment and to investigate, as you deem necessary, before proceeding with any online or offline transaction with any third party.
You agree to indemnify, defend and hold harmless, Friendly’s, its subsidiaries and affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms and conditions of use. Friendly’s reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you agree you will fully cooperate with Friendly’s in asserting any available defenses.
This Site is intended for use in the United States, only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the Commonwealth of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action shall be in the County of Hampden, Commonwealth of Massachusetts.
Copyrights and Trademarks
The HEATH® trademark and trade dress are used under license. The REESE’S trademark, trade dress, peanut butter cup design and orange color are used under license. The REESE’S PIECES trademark, trade dress and orange background are used under license. Crayola™ Oval, Logo & Chevron Design are trademarks of Crayola™, used under license. OREO and the OREO Wafer Design are registered trademarks of Mondelez International group, used under license.