Dunkin’ Donuts and Baskin-Robbins (for convenience, collectively “Dunkin’ Brands”) requires all users of Dunkin’ Brands’ Intranet to use appropriately and protect the Intranet and all content thereon. In order to access the Intranet, you must carefully read and agree to abide by these Terms of Use, as further described below. If you cannot agree to the Terms of Use below, please do not attempt to access the Intranet. Certain products or services offered by this Intranet, and certain areas within this Intranet may be governed by additional Terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms are hereby incorporated by reference, where applicable, and the Additional Terms and these Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Terms of Use shall control.
Dunkin’ Brands reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use and any other policy or Additional Terms posted on the Intranet, in whole or in part, at any time. Notification of changes to Dunkin’ Brands’ Terms of Use may be posted on this Intranet. You are responsible for regularly reviewing the Terms of Use and all posted policies and Additional Terms on the Intranet. By continuing to use the Intranet after we have posted changes to these Terms of Use or any other posted policy or Additional Terms, you agree to and accept such changes.
1. Communication of Information. If you are accessing the Intranet as or on behalf of a Dunkin Brands’ franchisee, you agree that the information and communications provided on the Intranet or by e-mail is being provided in conjunction with information and communications in a non-electronic format, and such information and communications will be deemed to comply with the notice provisions of the online access agreement between you and Dunkin’ Brands (if applicable).
2. “Intranet” Definition. For purposes of these Terms of Use, the term “Intranet” refers to the collection of Web-based services and applications, including any hosted applications, made available by Dunkin’ Brands to Dunkin’ Brands franchisees and employees in good standing and all of the content, information, applications, data, images, other materials and services accessible through those Web-based applications. The Intranet includes but is not limited to the Dunkin’ Brands employee portal, Dunkin’ Brands Online University site and the Dunkin’ Brands Franchisee Central site.
3. Confidentiality of our Information; Your Duty to Protect User Names and Passwords. All information on the Intranet, including user names (sometimes referred to as “User ID’s”) and passwords, is deemed to be our confidential information and trade secret. This means, among other things, that you may not disclose user names, passwords, or any other information on the Intranet, including the Intranet’s domain name or URL, to any person whom Dunkin’ Brands has not authorized to have that information. It is your responsibility to maintain the confidentiality of any Intranet user name and password. Additionally, you are entirely responsible for all activities that occur under your password and user name. You must take the precautions that we periodically specify to protect our confidential information. If you learn of a breach of the confidentiality of a user name or password assigned to you, or any breach of security through an Intranet user’s account, you must report it to us immediately at [email protected]. Dunkin’ Brands is not liable for any loss that you may incur as a result of someone else using your password or account, either with our without your knowledge. Your confidentiality obligations continue even if your access to the Intranet ends.
4. Authorized Access; Termination. Access to and use of Intranet is permitted only for: (i) current authorized employees of Dunkin’ Brands, Inc.; (ii) current authorized officers, employees, agents, and principals of Dunkin’ Brands franchisees in good standing who act solely on behalf of such Dunkin’ Brands franchisee, (iii) current authorized consultants, auditors, and service providers of Dunkin’ Brands, and (iv) current authorized officers, employees, agents, and principals of owners who (a) have a need to access the Intranet in the course of operating Dunkin’ Brands franchised establishments or performing services for Dunkin’ Brands, (b) have been specifically authorized by Dunkin’ Brands in writing to access the Intranet, and (c) agree to abide by these Terms of Use. Access to or use of the Intranet by any other persons is strictly prohibited without the express prior written consent of Dunkin’ Brands. Your authorization to access the Intranet may be limited to certain services, web pages or content. You agree to access only that portion of the Intranet to which you have been given access. Access to and use of Intranet access may be revoked or restricted at any time at the sole discretion of Dunkin’ Brands. Individuals and/or entities may have varying degrees of access to the Intranet, as determined by Dunkin’ Brands. Dunkin’ Brands may or may not give you prior notice of revocation or restriction of your access.
5. Purpose of Access and Interference; Your Representations and Warranties. The Intranet may only be used for the benefit of Dunkin’ Brands and Dunkin’ Brands franchisees in good standing and may not be used for the benefit of any third party or individual without the express prior written consent of Dunkin’ Brands. By way of illustration and not limitation, you represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Intranet or the services provided thereon, any materials which (i) restrict or inhibit any other user from using and enjoying the Intranet, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, pornographic, profane, hateful, violent, sexually explicit or indecent, or otherwise objectionable, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, Trojan horse, worms, time bombs, spiders, robots or other harmful component intended to disrupt or interfere with the intended operation of the Intranet or any other site on the World Wide Web, (vi) impose an unreasonable or disproportionately large load on any systems or infrastructure, or (vii) constitute or contain false or misleading indications of origin or statements of fact. In addition you agree that you will not (a) attempt to gain unauthorized access to the Intranet, any part thereof, or the accounts of others; (b) use the Intranet, or any part thereof, to harass or harm any other User or any other person in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) interfere with or disrupt the Intranet or servers of networks connected to the Intranet, or disobey any Terms of Use, Additional Terms, requirements, procedures, policies or regulations of networks connected to the Intranet; (e) harvest, collect or store information about the users of this Intranet or the content posted by others on this Intranet or use such information for any purpose inconsistent with the purpose of the Intranet; (f) disparage, defame, libel or make untrue, malicious, offensive statements about Dunkin’ Brands or the Intranet; or (g) use the Intranet or Services to violate any applicable, local, state, national or international law or regulation. This list is not intended to be exhaustive; Dunkin’ Brands requires that you be a good Intranet citizen when using this Service.
6. Intellectual Property. Unless otherwise noted, all materials on the Intranet (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trade dress, trademarks, patents and/or other intellectual properties owned by Dunkin’ Brands or its parent, subsidiaries and affiliates or by other parties that have licensed their material to Dunkin’ Brands. Additionally, the Intranet itself is protected by copyright as a collective work and/or compilation.
Dunkin’ Brands marks on the Intranet represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Dunkin’ Brands or under license to Dunkin’ Brands. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Dunkin’ Brands worldwide proprietary ownership rights, and Dunkin’ Brands may own or control other proprietary rights in one or more countries outside of the United States.
The Intranet or any portion of the Intranet may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Dunkin’ Brands. You may browse through the Intranet and occasionally download a copy of materials appearing on the Intranet that are of interest to you solely for the purpose of conducting activities authorized by Dunkin’ Brands or a Dunkin’ Brands franchisee in good standing. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Intranet unless specifically authorized by us in writing. You may not attempt to alter or modify the content posted on the Intranet. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Intranet itself.
7. Disputes. These Terms of Use will be interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that your breach of these Terms of Use will result in irreparable harm to Dunkin’ Brands, and that Dunkin’ Brands is therefore entitled, as a non-exclusive remedy, to obtain injunctive relief in response to a breach of these Terms of Use, including, without limitation, barring you from access to the Intranet.
8. Links to Third Party Sites. There are links in the Intranet that will allow the user to access other Web sites. These linked sites are not under the control of Dunkin’ Brands, and Dunkin’ Brands is not responsible for the contents or practices of any linked site. Dunkin’ Brands provides links only as a convenience, and such inclusion of any link does not imply endorsement by Dunkin’ Brands of the site or its content.
9. Monitoring, Privacy and Security Your access and use of the Intranet may be monitored by Dunkin’ Brands at any time, with or without notice, and shall not in any way be deemed to be private or personal to you. Dunkin’ Brands reserves the right to use “cookies” (a small amount of software automatically downloaded to your computer’s hard drive) or other programs or methods to gather information about your use of the Intranet in order to improve the Intranet’s services. You may set your browser not to accept cookies, but if you do so, certain areas of the Intranet may not function as intended. All information, including personally-identifiable information that you disclose via the Intranet is the property of Dunkin’ Brands. Dunkin’ Brands reserves the right to use these records and this information for its own purposes or those of its affiliated entities to the extent permitted by applicable law and its agreements with visitors to the Intranet. These purposes may include disclosure to our agents, advisors, affiliates, service providers, assignees, franchisees, and successors in interest. Dunkin’ Brands will use industry standard security practices to protect information provided via the Intranet.
10. Contact Us. If you have any questions regarding these Terms of Use, you can send us an email us [email protected] or you can write to us at Dunkin' Brands, Inc., 130 Royall Street, Canton, MA 02021. © 2006 DD IP Holder LLC BR IP Holder LLC respectively. All rights reserved.