TERMS AND CONDITIONS
Last Updated: March 2022
PLEASE NOTE: These Terms and Conditions contain provisions that govern the resolution of disputes between Us and You and limit our liability to you.
Changes to Terms
We may change these Terms and Conditions so please check back from time to time. If you are a registered user or are on our electronic mailing list, we may also notify you of any changes via email. We may ask you to affirmatively accept changes to these Terms and Conditions at the time of your next login or use of the DUNKIN’ online services. All changes are effective when we post them and apply to your access and use of the DUNKIN’ online services thereafter. Changes to the Dispute Resolution provisions do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms and Conditions are effective.
The Site is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE AND ONLINE SERVICES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
You may need to create and register an account in order to use certain DUNKIN’ online services.
In creating an account, you agree to:
- create only one account for each applicable part of the DUNKIN’ online services;
- provide honest, accurate, current and complete information regarding yourself;
- keep your profile, contact and other account information updated and accurate;
- keep your account password private and not share it with others; and notify DUNKIN’ if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
The DUNKIN’ online services are owned by DUNKIN’ Brands and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms and Conditions, you may not copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of or otherwise exploit any part of the DUNKIN’ online services. You may not save or archive a significant portion of the material appearing in or on the DUNKIN’ online services. All rights not expressly granted herein are reserved by DUNKIN’ Brands.
Responsible Use of the DUNKIN’ online services
You may use the DUNKIN’ online services for lawful purposes and in accordance with these Terms and Conditions. You may not use the DUNKIN’ online services:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- interfere with the proper operation of the DUNKIN’ online services;
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libellous, abusive, obscene or otherwise objectionable material (as determined by DUNKIN’ Brands in its sole discretion); or
- to reproduce, duplicate, copy, sell, resell or otherwise exploit the DUNKIN’ online services for any commercial purpose that is not expressly permitted by DUNKIN’ Brands.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DUNKIN’ BRANDS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “DUNKIN’ PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY DD/BR ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Dunkin’ Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the DUNKIN’ online services.
Except as expressly otherwise stated, DUNKIN’ Brands does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the DUNKIN’ online services. Without limiting the generality of the preceding sentence, DUNKIN’ Brands specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the DUNKIN’ online Services.
Dunkin’ Brands does not guarantee that the functions contained in any of the DUNKIN’ online services will be secure, uninterrupted or error-free, that each the DUNKIN’ online services will be free of viruses or other harmful components, or that defects will be corrected even if DUNKIN’ Brands is aware of them. Except as set forth below, in no event will DUNKIN’ Brands and its parent’s or affiliates’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the DUNKIN’ online Services or £100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit DUNKIN’ Brands’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, wilful misconduct or fraud.
Copyright and Trademark
Unless otherwise noted, all materials published on any DUNKIN’ online service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by DUNKIN’ Brands and/or its subsidiaries and affiliates or by other parties that have licensed their material to DUNKIN’ Brands.
DUNKIN’ Brands marks displayed in the DUNKIN’ online services represent some of the proprietary rights currently owned or controlled by DUNKIN’ Brands in the United States and/or in other countries and are not intended to be a comprehensive compilation of all DUNKIN’ Brands worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the DUNKIN’ online services. All rights not expressly granted are reserved.
Third Party Links and Services
The DUNKIN’ online services may link to, interact with or be available on website, platforms, and services or products operated and owned by third parties such as social media providers, third-party devices and delivery partners. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
Third-Party services may also link to the DUNKIN’ online services in ways that are beyond our control. We cannot control the content, functionality or accuracy of third-party services, even if someone from DUNKIN’ Brands occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on third-party services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through third-party services.
Feedback and Submissions
DUNKIN’ Brands is unable to accept unsolicited ideas. By submitting any material to us through any of the DUNKIN’ online services, you expressly grant to DUNKIN’ Brands and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of DUNKIN’ Brands and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification“), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
Contact Dunkin’ Brands
If you have questions regarding any of these Terms, you can contact us at [email protected]
© 2022 DD IP Holder LLC. The DUNKIN’ Brands name, design, logos and related marks are trademarks of DD IP Holder LLC. All rights reserved.