Last Updated: August 2012 (Application ver. 1.0)
Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
Incorporation of Related Terms
These Terms incorporate and supplement the terms, conditions, and policies of Dunkin’ Brands posted at http://www.dunkindonuts.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,
• Dunkin’ Donuts Security Statement (available at https://shop.dunkindonuts.com/help/Security.aspx);
• Dunkin’ Donuts Mobile (available at https://shop.dunkindonuts.com/help/Security.aspx);
• Arroweye Solutions, Inc. Terms and Conditions (available at http://cardways.com/CP001/Creative/ClientPopups/87_TermsAndConditions.asp);
• Card Terms and Conditions (available at https://www.dunkindonuts.com/content/dunkindonuts/en/ddcard/buyacard.html).
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
Subject to these Terms, Dunkin’ Brands grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Application for personal use only on an Android phone or tablet (“Android Device”) owned or controlled by Userin accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Application. If you sell or transfer ownership of your Android Device to a third party, you must remove the Application before doing so. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Application). If you breach any of these restrictions, you may be subject to prosecution and damages. This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The license is effective until terminated by you or Dunkin’ Brands, with or without written notice. Your rights under the User License will terminate automatically without notice from Dunkin’ Brands if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.
Dunkin’ Card Feature
Application features, such as Virtual Dunkin’ Donuts Card, store locator, mobile gifting, feedback, account management, and interaction with social-media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), virtual Dunkin’ Donuts card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to Dunkin’ Brands, including its agents and third-party partners, and consents to Dunkin’ Brands, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Dunkin’ Brands Privacy Policies identified in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the Android Device by the Application. The User is also solely responsible for all transactions and activities undertaken by anyone or anything with any Virtual Dunkin’ Donuts Card registered in the User’s name, whether authorized or unauthorized. This includes any and all unauthorized purchases made from the Virtual Dunkin’ Donuts Card feature. The User agrees to immediately notify Dunkin’ Brands of any suspected unauthorized transactions associated with the Application or any other breach of security. Dunkin’ Brands shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Android Device, including without limitation password-protecting the Android Device and employing Google’s remote-wipe feature.
You agree that Dunkin’ Brands, its service providers and/or others involved in creating or providing the Application may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Dunkin’ Brands, its service providers, and/or others involved in creating or providing the Application may use this information, as long as it is in a form that does not personally identify you, to improve the Application or to provide services or technologies to you.
External Services and Third-Party Materials
The Application may enable access to Dunkin’ Brands’ or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and may require you to accept additional terms. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither Dunkin’ Brands, nor its agents or those involved in creating or providing the Application, is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither Dunkin’ Brands, nor its agents or those involved in creating or providing the Application, warrants or endorses and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree to use the External Services at your sole risk and neither Dunkin Brands, nor its agents or those involved in creating or providing the Application, shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Dunkin’ Brands reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Dunkin’ Brands be liable for the removal of or disabling of access to any such External Services. Dunkin’ Brands may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
You agree that the External Services contain proprietary content, information and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services, or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Dunkin’ Brands. No portion of the External Services may be reproduced in any form or by any means, except as permitted by the respective owner of the External Services. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Dunkin’ Brands, nor its agents or those involved in creating or providing the Application, is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,
1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. is unlawful, fraudulent, or deceptive;
3. uses technology or other means to access unauthorized content or non-public spaces;
4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. attempts to damage, disable, overburden, or impair Dunkin’ Brands servers or networks;
7. attempts to gain unauthorized access to a Dunkin’ Brands computer network;
8. attempts to gain unauthorized access to Dunkin’ Brands’ user accounts;
9. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. violates these Terms in any manner; or
11. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
Dunkin’ Brands reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, including any Virtual Dunkin’ Donuts Card, that Dunkin’ Brands reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Dunkin’ Brands (for example, in product marketing campaigns). User grants Dunkin’ Brands and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
User agrees to indemnify and hold harmless Dunkin’ Brands, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Dunkin’ Brands reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
DUNKIN’ BRANDS IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, DUNKIN’ BRANDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL DUNKIN’ BRANDS OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. DUNKIN’ BRANDS, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Dunkin’ Brands, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
DUNKIN’ BRANDS, DUNKIN’ DONUTS, the Dunkin’ Donuts logo, and other Dunkin’ Brands trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of DD IP Holder LLC or other companies of Dunkin’ Brands (collectively “Dunkin’ Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The Dunkin’ Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Dunkin’ Brands or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Dunkin’ Brands or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to Massachusetts’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Norfolk County, Massachusetts, United States of America and the federal courts in the United States District Court for the District of Massachusetts, Massachusetts, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Dunkin’ Brands to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
Dunkin’ Brands reserves the right to change or modify these Terms or any other Dunkin’ Brands terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Dunkin’ Donuts website (http://www.dunkindonuts.com) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Dunkin’ Brands shall have any legal effect as a waiver by Dunkin’ Brands of any Terms of this Agreement.
Third Party Beneficiary
User agrees that Dunkin’ Brands’ service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding our privacy practices, you can email us at email@example.com.