Terms

USING THIS SITE IS ACCEPTANCE OF THESE TERMS
By using this Web site (the "Site"), you signify your agreement to all terms of use, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to be bound by these Terms of Use, do not use this Site. The Web is an evolving medium and therefore WhyGelato.com and PreGel AMERICA, Inc., the publisher of this Site (hereinafter, "PreGel") reserves the right, at its discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

CUSTOMER ACCOUNT, PASSWORD, AND SECURITY
You can visit the Local Gelato Provider form and add information on a gelato retail business on the Site or the Around the World Form and add information on your select story. You may also sign up to receive email or mobile communication from Why Gelato or PreGel America. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Furthermore, you are entirely responsible for any and all activities that occur under your membership. You may not use anyone else’s membership at any time, without the permission of the membership holder. You will be responsible for all activities entered through the site and any requests so received by PreGel will be deemed to have been received from you.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the WhyGelato.com Site, you will not use the WhyGelato.com Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the WhyGelato.com Site in any manner that could damage, disable, overburden, or impair any WhyGelato.com Site (or the network(s) connected to any WhyGelato.com Site) or interfere with any other party's use and enjoyment of any WhyGelato.com Site. You may not attempt to gain unauthorized access to any WhyGelato.com Site, other memberships, computer systems or networks connected to any WhyGelato.com Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the WhyGelato.com Sites. You will respect the privacy and confidentiality of the other users and WhyGelato.com customers on the Site.

USE OF SERVICES
The WhyGelato.com Site now or in the future may contain e-mail and/or mobile services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
  • Use any material or information, including images or photographs, which is made available through the PreGel Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an PreGel Site or other user or usage information or any portion thereof.

WhyGelato.com has no obligation to monitor the Communication Services. However, WhyGelato.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WhyGelato.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. WhyGelato.com reserves the right at all times to disclose any information as WhyGelato.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WhyGelato.com 's sole discretion. WhyGelato.com and PreGel does not control or endorse the content, messages or information found in any Communication Service. By posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting WhyGelato.com and PreGel, its affiliated companies and necessary sublicensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission. WHYGELATO.COM AND PREGEL MAKES NO WARRANTY THAT ANY WHYGELATO.COM and/or PREGEL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

THIRD PARTY SITES
This Site may link you to other sites on the Internet. These other sites are not under the control of WhyGelato.com  and PreGel, and you acknowledge that WhyGelato.com and PreGel are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Your linking to any other off-site pages or other sites is at your own risk.

PROPRIETARY RIGHTS; IMAGES
All trademarks, service marks, logos, images, content and company names (each a "Mark") used in this Site are the property of PreGel or third parties and shall remain the property of PreGel and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the written permission of PreGel or such third party that may own the Mark displayed on the Site. Your use of any Mark displayed on the Site is strictly prohibited.
You acknowledge and agree that all other content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by PreGel, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

You cannot use the images presented on the Site or the images presented in marketing collateral or other materials, without the express written permission of PreGel. If you wish to use any such image in any way, please contact PreGel at 1-704-707-0300.

TERMINATION
PreGel reserves the right to terminate your password access to the Site or any portion of it in sole discretion, without notice and without limitation, for any reason whatever. In the event of a termination by PreGel, PreGel shall have no liability to you.

DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. PREGEL AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WHYGELATO.COM OR PREGEL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PREGEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PREGEL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
By using this Site you agree to defend, indemnify, and hold harmless  WhyGelato.com, PreGel and its employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from: (a) any content posted by you to the Site; or (b) any use or misuse of this Site by you. PreGel reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PreGel in asserting any available defenses.

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts-of-law rules, with venue and jurisdiction proper in the courts located in Mecklenburg County, North Carolina.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use and any written agreement between you, WhyGelato.com and PreGel regarding your use of this Site constitute the entire agreement between you and PreGel with respect to this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PreGel with respect to this Site. If any provision of this Terms of Use is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.