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TERMS OF USE AGREEMENT
This agreement (the “Agreement”) on the terms of use of
this web site located at http://www.krispykreme.com (the “Site”)
is between Krispy Kreme Doughnut Corporation and its affiliates and
all visitors and users of the Site (“you”). By accessing
the Site, you signify your assent to this Agreement. If you do
not accept the terms of this Agreement, then please do not use or access
the Site. Krispy Kreme reserves the right to change this Agreement
at any time in its sole discretion, but if we do, we will post those
changes on the Site. We encourage you to review this Agreement
from time to time for possible changes. Your continued use or
access of the Site shall constitute your acceptance of any changes
to this Agreement. When using Site features, you will be subject
to any additional posted guidelines or rules applicable to Site features,
and such additional guidelines and rules are hereby incorporated by
reference into this Agreement.
Ownership of Site, Trademarks and Copyrights.
Krispy Kreme or its affiliates owns and operates the Site and all content
and materials on the Site, or has acquired the right to use such content
and materials, including without limitation, any and all images, photographs,
characters, text, statistic, trademarks, logos, graphics, illustrations,
and audio and video clips. Much of the content and materials
on the Site are copyrighted and are owned by Krispy Kreme or its affiliates. You
may view the materials from the Site only for your own personal, noncommercial
use. Except to the extent permitted by relevant copyright legislation,
you may not copy, upload, post, transmit, reproduce, distribute, modify
or publicly display the content and materials on the Site, or produce
derivative works of such content and materials. “Krispy
Kreme” and other associated logos are proprietary trademarks
or service marks of Krispy Kreme or its related entities. You
may not use these or any of Krispy Kreme’s other trademarks or
service marks without the written permission of Krispy Kreme. In
addition, other logos on the Site are proprietary trademarks or services
marks of Krispy Kreme’s business partners. You may not
use such logos without the written permission of the owner. This
Agreement does not confer any license or right under any copyright
or trademark of Krispy Kreme or any third party.
Use of Site Features.
When using certain features of the Site, you understand that you may
be required to register by providing certain personal information.
If you elect to provide such personal information, you agree that Krispy
Kreme may use this information to enforce this Agreement. In
consideration of your use of this Site, you agree to provide true,
accurate, current and complete information about yourself as requested
in connection with the provisions of and/or registration for any Site
features, subject to all applicable laws. If you provide any
information that is untrue, inaccurate, incomplete or not current,
or Krispy Kreme has reasonable grounds to suspect that such information
is untrue, inaccurate, incomplete or not current, Krispy Kreme has
the right to refuse any and all current or future use of the Site features. Krispy
Kreme may change, suspend or discontinue any Site feature at any time. Krispy
Kreme also may impose limits or restrict access to certain Site features
at any time.
Privacy Policy
You agree to review our privacy policy which can be found at the beginning
of this document. Our privacy policy is incorporated by reference
herein and made a part of this Agreement.
External Web Sites
While the Site contains links to, or frames third-party Web sites,
Krispy Kreme is not responsible for the content or security of any
linked or framed sites. Krispy Kreme provides these links as a convenience
and not as an endorsement. You may not establish a link to the
Site without Krispy Kreme’s prior written consent. You
may not frame or incorporate the Site or any content of the Site in
another Web site without Krispy Kreme’s prior written consent.
Orders and Purchases of Products.
Krispy Kreme may change or withdraw its product offerings on this Site,
if any, at any time. If you receive an e-mail confirmation of
an order, it does not constitute acceptance of an order or confirmation
of an offer to sell. Krispy Kreme reserves the right, without
prior notice, to limit the order quantity on any item or to refuse
to fulfill any order. Krispy Kreme processes credit card transactions
using e-commerce protocols and technology that are standard on the
internet. Nonetheless, Krispy Kreme cannot guarantee that it
will be successful in preventing unauthorized access or tampering with
the Site or its files. In the event you elect to purchase a product
on this Site, you may be presented with additional terms and conditions
that will apply to such purchase. If any such terms and conditions
are declined, no transaction can occur.
Export of Information.
The United States Export Controls laws prohibit the export of certain
technical data and software to certain territories. No content from
the Site may be downloaded or otherwise exported in violation of United
States law.
Disclosure; Forward-Looking Statements.
Some of the information on this Site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of Krispy Kreme. We wish to caution you that these statements
are only predictions and that actual events or results may differ materially.
We refer you to the documents Krispy Kreme files from time to time
with the U.S. Securities and Exchange Commission. These documents
contain and identify important factors that could cause the actual
results to differ materially from those contained in our projections
or forward-looking statements.
Disclaimers and Liability Limits.
While Krispy Kreme attempts to provide accurate information on the
Site, it assumes no responsibility for accuracy, including but not
limited to typographical errors or omissions.
To the fullest extent permitted by applicable law, USE OF THE SITE,
INCLUDING THE SITE FEATURES, IS AT YOUR EXCLUSIVE RISK. All material
on thE site is provided "as is" and does not constitute a
warranty of any kind, either express or implied. Krispy Kreme disclaims
all warranties, expressed or implied. This includes but is not limited
to implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. It also includes any expressed or implied
warranties arising from any course of dealing, usage or trade practice.
Krispy Kreme DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
vIRUS OR ERROR FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. Krispy
Kreme is not liable for any direct, indirect, special, incidental or
consequential damages arising out of the use -- or the inability to
use -- the SITE. This includes but is not limited to the loss of data
or loss of profits, even if Krispy Kreme was advised of the possibility
of such damages.
Jurisdiction and Choice of Law.
This Agreement and all claims or issues regarding the Site, shall be
governed according to the laws of the United States and the State of
North Carolina. Any legal action concerning this Agreement or the Site
must be brought within one (1) year after the claim or cause of action
arises and must be brought in the State of North Carolina.
Severability
If any provision of these Terms of Use is found invalid or unenforceable,
the provision will be enforced to the maximum extent permissible, and
the other provisions of the Terms of Use will remain in full force
and effect.
If you have any questions, or need any further information, please
send us an email to the following address: webmaster@krispykreme.com
. You may also contact us by mail at the following address: Krispy
Kreme Doughnuts, Attn: Customer Experience, PO Box 83, Winston-Salem,
NC 27102.
Updated February 24, 2004
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