TERMS & CONDITIONS
Please read this agreement carefully before using the Godfather’s Pizza online and mobile web site (the “Website” or, collectively, the “Websites”), and other applications and platforms, including but not limited to Godfather’s Pizza REWARDS app (the “Application” or, collectively, the “Applications”). By using the Websites and Applications you agree to be bound by this agreement. Godfather’s Pizza provides the information and services on the Websites and Applications to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Websites and Applications constitutes your agreement to all such terms, conditions and notices. Your use of the Websites and Applications is subject to the additional disclaimers and notices that may appear throughout the Websites and Applications. Godfather’s Pizza and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Websites and Applications. While Godfather’s Pizza strives to keep the information on the Websites and Applications accurate, complete and up-to-date, Godfather’s Pizza and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
We may provide information related to our restaurant locations, promotions, fundraising and franchising opportunities. Godfather’s Pizza grants you access to the site during the term of this agreement solely to receive these services. You may access, download, and print materials as necessary to receive these services. You may not license, copy, distribute, create derivative works from, frame in another web page, use on any other web site, or sell any information, databases or lists obtained from the Websites and Applications. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Websites and Applications without Godfather’s Pizza’s prior written permission. You will comply with all privacy laws.
All materials on the Websites and Applications (as well as the organization and layout of the Websites and Applications) are owned and copyrighted by, licensed by, or used with permission that is granted to Godfather’s Pizza. No reproduction, distribution, or transmission of the copyrighted materials at the Websites and Applications is permitted without the prior written permission of Godfather’s Pizza. Godfather’s Pizza and other logos, product and service names are trademarks and service marks owned by or licensed to Godfather’s Pizza or its affiliates. Without the prior written permission of Godfather’s Pizza, or its appropriate affiliates, you agree not to display or use in any manner any of these logos or product and service names.
If you use the Websites and Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Websites and Applications is terminated, you will cease using the Websites and Applications and any information obtained from the Websites and Applications, and destroy all copies of your account information, password and any information obtained from the Websites and Applications. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with involvement of a parent or guardian. Godfather’s Pizza and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree that you will not disclose confidential information to any person or entity outside of your organization. You will not use or permit the use of any confidential information except as necessary in connection with the services provided. You shall use at least the same degree of care in safeguarding the confidential information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. “Confidential Information” means all information or material which is obtained from password protected portions of the Websites and Applications or which is marked “Confidential,” “Restricted,” or other similar marking, known by the parties to be considered confidential, or which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
Privacy and Personal Information
No Unlawful or Prohibited Use
As a condition of your use of the Websites and Applications, you warrant to Godfather’s Pizza that you will not use the Websites and Applications for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Websites and Applications automatically terminates. You may not without the prior written
permission of Godfather’s Pizza use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Websites and Applications or accessed through the Websites and Applications.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS AND THE SERVICES OFFERED AT THE WEBSITES AND APPLICATIONS IS AT YOUR SOLE RISK. THE WEBSITES AND APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GODFATHER’S PIZZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GODFATHER’S PIZZA, INC., ITS FRANCHISEES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OWNERS, CONTRACTORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES AND APPLICATIONS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITES OR APPLICATIONS OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES OR APPLICATIONS OR THE SERVICES.
Links to Third Party Sites
The Websites and Applications may contain hyperlinks to web sites operated by parties other than Godfather’s Pizza, or its affiliates. Such hyperlinks are provided for your reference only. Godfather’s Pizza does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Godfather’s Pizza to such web sites does not imply any endorsement of the material on such web sites or any association with their
The Websites or Applications may now or in the future permit you to submit texts, files, images, photos, videos, sounds, text postings, and other materials and content (“Submitted Content”) to Godfather’s Pizza for possible publication on a Website or Application. Godfather’s Pizza will determine in its sole discretion whether to post any Submitted Content on a Website or Application and may delete any and all Submitted Content at any time, with or without notice, for any reason. Godfather’s Pizza assumes no liability for any information removed from our Websites and Applications, and reserves the right to permanently restrict access to the Websites and Applications or a user account.
By providing Submitted Content for possible publication on or through the Websites and Applications, you understand and acknowledge that any materials or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit to Godfather’s Pizza may be used by Godfather’s Pizza anywhere, anytime and for any reason whatsoever subject to the following terms:
• You hereby grant to Godfather’s Pizza a limited, nonexclusive, sublicensable, worldwide, fully paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce and distribute Submitted Content. This license includes the right to host, index, cache, distribute and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
• You represent and warrant that you own the Submitted Content submitted to Godfather’s Pizza and all copyrights to the Submitted Content, and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Submitted Content you submit to Godfather’s Pizza.
Changes to Websites and Applications
Godfather’s Pizza may make improvements or changes in the information, services, products, and other materials on the Websites and Applications, or terminate the Websites and Applications at any time. Godfather’s Pizza may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of the Websites and Applications shall be deemed your acceptance of the modified agreement.
Miscellaneous. The Websites and Applications are intended for and directed to residents of the United States and all advertising claims contained in the Websites and Applications are valid only in the United States. This agreement and the resolution of any dispute related to this agreement or the Websites and Applications shall be governed by and construed in accordance with the laws of Nebraska, without giving effect to any principles of conflicts of law. Failure by Godfather’s Pizza to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites and Applications or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any legal action or proceeding between Godfather’s Pizza and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Nebraska, County of Douglas. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
All other trademarks are the property of their respective owners.
© Copyright Godfather’s Pizza, Inc. All rights reserved.
4850-7846-7977, v. 2