Acceptance of Terms
FAT Brands is not responsible for material transmitted through or linked from the Sites. The Sites may contain resources and/or links to other websites, which are completely independent of FAT Brands.
You agree not to reproduce, duplicate, modify, publish, teach or consult from, edit, or create derivative works from, copy, sell, resell or exploit for any commercial purposes, any aspect of the Sites. FAT Brands retains full copyright ownership, rights and protection in all material contained on the Sites (including all software, HTML code and other code). None of the material contained in the Sites may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Sites are limited to one copy for personal, non-commercial viewing use only and cannot be used for any commercial purpose whatsoever, whether for use by a for-profit or non-profit organization. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of FAT Brands.
Great American Cookies®, Pretzelmaker®, Marble Slab Creamery®, MaggieMoo’s Ice Cream & Treatery®, Hot Dog on a Stick®, and Round Table Pizza® are trademarks of their respective owners and are protected by state and federal laws and other logos, trademarks and service marks depicted on the Site (collectively “Trademarks”) are the property of their respective owners and are protected by state and federal laws and other logos, trademarks and service marks depicted on the Site (collectively “Trademarks”) are the property of their respective owners. Your unauthorized use of Trademarks appearing on the site may constitute a violation of law, which could subject you to substantial civil penalties.
Prices for Products that are posted on the Sites are subject to change without notice. In the event that a Product sold is mistakenly listed at an incorrect price, FAT Brands reserves the right to refuse or cancel any orders placed for the Product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged.
You may be required to register with the Sites in order to access certain areas of the Sites. You are responsible for maintaining the confidentiality of any password you may use to access any of the Sites, and agree not to transfer your password, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Third Party Links
The Sites may contain links to other sites that are not operated by FAT Brands. FAT Brands IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH OTHER WEBSITES, INCLUDING WEBSITES OPERATED BY OUR INDEPENDENT FRANCHISEES. We provide such links only as a convenience and the inclusion of a link on the Sites does not imply endorsement of the linked site by FAT Brands.
Posting of User Generated Content Requirements
In the event that a contest or other feature on the Sites allows you to post content on a Site, all content that you post to any of the Sites must comply with these Terms and the following posting requirements. You take sole responsibility for all content that you post on the Sites and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the Sites any material which:
- is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
- contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
- is a solicitation or advertisement for any commercial product or activity;
- encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
- restricts or inhibits any other user from using the Sites or contains a virus or other harmful component;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Sites or otherwise interferes with the Sites;
- is a chain letter, or constitutes junk mail;
- “spoofs” (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the Sites);
- uses or possesses programs to “crack” passwords or other Internet security tools. We may, at our sole discretion, immediately terminate your access to the Sites should your conduct fail to conform with these Terms.
FAT Brands reserves the right (but is not obligated) to do any or all of the following:
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
- Terminate a user’s access to the Sites.
- Edit or delete any communication posted on the Sites, regardless of whether such communications violate these standards.
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites, or which, in the judgment of FAT Brands, exposes FAT Brands or any of its customers or suppliers to any liability or detriment of any type.
FAT Brands, or its licensees, have no liability or responsibility to visitors or registered users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities.
License of Rights
By submitting content or submissions to us or to the Sites (“your content”), you grant to FAT Brands, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the your content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within your content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Sites a non-exclusive license to access your content as permitted through the functionality of the Sites and under these Terms. You should be aware that FAT Brands or others may have in the past developed, is currently developing, or may in the future develop materials internally or with other parties which may be similar or identical to the ideas or concepts in your content. Accordingly, FAT Brands makes no representation that it will not develop (independently or with third parties) ideas or concepts, for itself or for others, that compete with, or are similar or identical to your content and you agree that you will have no right to proceed against FAT Brands or dispute FAT Brands’s right to consider, develop such concepts or ideas.
You understand that you are personally responsible for your behavior while on the Sites and agree to indemnify and hold FAT Brands, and its subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including reasonable attorneys’ fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection your content, your use of the Sites or Products, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
FAT Brands has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Sites which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites. If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: Vice President & General Counsel, 5555 Glenridge Connector, Suite 850, Atlanta, GA 30342
Disclaimer of Warranties
EXCEPT AS MAY BE EXPRESSLY STATED IN A WRITTEN WARRANTY REGARDING THE PRODUCTS, YOU AGREE THAT USE OF THE SITES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK, PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, FAT Brands (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITES, (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR ACCESSED THROUGH ANY LINKS ON THE SITES, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITES.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL FAT BRANDS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FAT BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITES OR PRODUCTS, FROM THE INABILITY TO USE THE SITES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITES OR AVAILABILITY OF PRODUCTS, SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER GOODS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITES OR ANY LINKS ON THE SITES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF FAT BRANDS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES OR PRODUCTS, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID TO FAT BRANDS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.FAT Brands
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
FAT Brands is based in the United States of America with principal offices in Atlanta, Georgia. FAT Brands makes no claims that the Sites are appropriate or may be downloaded outside of the United States. Products cannot be shipped outside the United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Unless otherwise specified on the Sites, these Sites are intended to promote only those Products that are sold in the United States. International sites featuring FAT Brands Products are owned and operated by the respective international franchisee and FAT Brands is not responsible for those sites and you need to be aware of the terms which are applicable to those sites.
This agreement shall be governed by and construed in accordance with the laws of the State of Georgia without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and FAT Brands (‘Dispute’) shall lie in the state or federal courts located in Fulton County, Georgia. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to FAT Brands, the content or the Sites must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
You agree that we may terminate, modify, discontinue or abandon the Sites with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled FAT Brands Content, Proprietary Rights, License of Rights, User Responsibility, Disclaimer of Warranties, Limitations of Liability, Governing Law, General Information and Privacy shall survive any such termination.
Effective Date: November 6, 2017
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