Using our Website and Online Services
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of the Company.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “Clementine’s”, “Clementine’s Naughty and Nice Creamery”, “Clementine’s Ice Cream Co.”, www.clementinescreamery.com, and other trade names, URLs, and Website domain names owned and/or operated by the Company, and the Company’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of the Company (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of the Company, which permission may be withheld in the Company’s sole discretion. The Company makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, the Company or its Content suppliers. All software used for our Website (the “Software”) is the property of the Company or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by the Company and the Company has not reviewed, and is not responsible for, the content of any such third party websites. The Company makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from the Company electronically. Although the Company may choose to communicate with you by other means, the Company may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that the Company sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON THE COMPANY’S WEBSITE OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH THE COMPANY OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. NOTWITHSTANDING ANY OTHER AGREEMENT OR OTHER COMMUNICATIONS TO THE CONTRARY, RECEIPT OR USE OF ANY CONTENT CONTAINED ON THE WEBSITE OR ONLINE SERVICES, OR THAT IS DERIVED OR ACQUIRED BY USER THEREFROM AT ANY TIME AND THROUGH ANY MEANS, WHETHER DIRECTLY OR INDIRECTLY, REPRESENTS SUCH USER’S ACKNOWLEDGEMENT OF THIS DISCLAIMER OF WARRANTIES AND HIS OR HER AGREEMENT WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
Limitation on Liability of the Company
Any liability of the Company, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by the Company from any User in connection with any Online Services. The Company will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained on the Website or Online Services. Without limitation, the Company shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of the Company to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
Last updated: April 2021