BY USING THIS APPLICATION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS THEY MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY COMPANY, IN ACCORDANCE WITH THE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS APPLICATION.
Content uploaded by you onto this Application will remain your property (“Your Content”). All other content included on this Application, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Company or its licensors or content suppliers, and are protected by copyright, trademark and other laws in the United States and other jurisdictions. By submitting, posting or displaying Your Content on the Application, you hereby grant Company and its affiliated companies, sublicenses and other Authorized Users of the Application, an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to reproduce, adapt, modify, translate, publish, publically perform, publically display or distribute any of Your Content you submit, post or display on or through the Application.
Naranga™ and the Naranga™ logo are trademarks of Naranga, LLC. This is not intended to be a complete list of all of the Company’s trademarks, and the Company owns or controls the proprietary rights in trademarks not listed here and in one or more countries outside the United States. Naranga’s trademarks and trade dress may not be used in any form without the prior written consent of the Company, and any use shall be subject to the Company’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress that appear on this Application but are not either Your Content or owned by the Company are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
LICENSE, LIMITATIONS ON USE AND SITE ACCESS
Except for the Your Content, the materials contained on this Application include items that are proprietary and include trade secrets of the Company that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the “Materials”). The Materials are intended for access and use only by Authorized Users, our employees and other authorized agents. You agree to: (i) maintain the security and confidentiality of the Application using at least the same standards you use to maintain the confidentiality of your own proprietary information and trade secrets, but in no case less than prevailing industry standards; (ii) notify us immediately upon discovery or suspicion of compromise of the confidentiality of the Materials or any use of Application in violation of this these Terms; and (iii) not disclose the Materials, or any information contained therein or on the Application to any third parties, except as specifically authorized by us in writing. You may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute material, including the Materials, or any portion of it from the Application or any similar non-public Application owned, operated, licensed or controlled by Naranga or its licensors, except with the express written consent of Naranga.
In addition, you agree not to:
- Use or access the Application for any purpose that is unlawful or prohibited by these Terms;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company, or our subsidiaries or our affiliates without express written consent;`
- Use any meta tags or any other “hidden text” utilizing Company’s trade names, trademarks, service marks or logos without the express written consent of Company;
- Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Company without the express written consent of Company;
- Use or access the Application in a manner that could damage, disable, overburden, or impair any Company server or the networks connected to any Company server;
- Interfere with any third party’s use and enjoyment of the Application;
- Attempt to gain unauthorized access to the Application, accounts, computer systems, or networks connected to any Company server through hacking, password mining, or any other means;
- Sublicense any license granted in or to materials on the Application under these Terms (whether or not any of such acts are for commercial gain or advantage); or
- Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Application unless specifically authorized by the owner of the software.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
If you believe that any third party has violated these Terms or infringed any of our rights in this Application or the materials contained on this Application, please contact us at: Attn: LEGAL DEPARTMENT Naranga, LLC 95 Barnes Road Wallingford, CT 06492 USA Fax: 203-774-0531
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
To the extent that users may post or communicate reviews, comments, and other content; send communications; and submit suggestions, comments, questions, or other information on or through the Application (collectively, the ” Submission “), you agree not to post or, submit or publish through the Application or otherwise make available on the Application any content (including any Submission), or act in a way, which in our opinion:
- is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, pornographic, racist, abusive, harassing, threatening, offensive or otherwise injurious to third parties or objectionable;
- includes programs which contain or consist of software viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- amounts to political campaigning, commercial solicitation, “pyramid” or similar scheme; chain letters, mass mailings, or any form of “spam;”
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or the Terms, or may be considered to violate any law or the Terms;
- transmits confidential or proprietary information under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains unsolicited proprietary ideas;
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Application;
- solicits funds, advertisers or sponsors;
- involves spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Company’s personnel or falsely stating or otherwise misrepresenting your identity or affiliation in any way, forging any TCP/IP packet header or any part of the header information in any e-mail or other posting, using a false e-mail address, or impersonating any person or entity;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Application;
- copies any other pages or images on the Application except with appropriate authority;
- includes MP3, audio, or other media format files;
- amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites;
- disobeys any policy or regulations established from time to time regarding use of the Application or any networks connected to the Application;
- contains links to other sites that contain the kind of content, which falls within the descriptions set out at in (a) to (q) above.
You further agree to require any third party who you authorize to access the Application to abide by the foregoing rules regarding Submissions to this Application. Company reserves the right (but not the obligation) to review, remove or edit such content or any Submission which Company in its sole discretion considers to be in violation of these Terms. However, you acknowledge and agree that we do not regularly review posted Submissions or other content and that we are not under any obligation to control or monitor any Submissions published by you or any other Application users. Company takes no responsibility and assumes no liability for any Submission made or content posted by you or any third party. If you or an Authorized User do post or make a Submission you agree that to the extent such Submissions are Your Content, they will be your property and you will be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submission. Company will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future publications.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of this Application, you consent to Company recording any communication, electronic or otherwise, between you and Company and retaining any Submission you make while using the Application. Please do not send any time-sensitive Submission or other communications by e-mail to Company as we cannot be responsible for responding to any such communications.
You agree to indemnify and hold harmless Company, their affiliates and subsidiaries, and all of their managers, members, directors, officers, agents, employees, franchisees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, whether in tort, in contract or otherwise, that it or any of them may incur by reason of or arising out of any claim, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity, that are made by any third party relating to your breach of the Terms or use of this Application.
You expressly acknowledge that this Application may contain links to other Applications or websites not controlled, operated or owned by Company. Unless otherwise expressly provided by Company, Company provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such Applications, and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked Application. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked Application or website. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
DISCLAIMER OF WARRANTIES
THIS APPLICATION, THE INFORMATION AND MATERIALS CONTAINED WITHIN IT, AND THE SERVICES PROVIDED ON IT ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS APPLICATION, AND ON THE INFORMATION AND MATERIALS AND SERVICES PROVIDED ON OR OFFERED FOR SALE ON THIS APPLICATION INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM COMPANY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE FUNCTIONS CONTAINED IN THIS APPLICATION OR MATERIALS MADE AVAILABLE THROUGH THIS APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY APPLICATION IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE.
LIMITATION OF LIABILITY
Company reserves the right, in its sole discretion, to terminate or suspend access, or ability to use the Application at any time without notice. Upon such termination, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately: (a) discontinue use of the applicable Application(s); and (b) discontinue use of and destroy or return to Company any Company materials (unless otherwise agreed to in writing by Company). Notwithstanding the foregoing, any provisions of these Terms expressly identified or that would by their nature survive such termination shall so survive.
Company may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Company may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Company believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts or take other corrective action it deems appropriate. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD NARANGA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NARANGA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NARANGA OR LAW ENFORCEMENT AUTHORITIES.
AGENT FOR NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Company respects the intellectual property rights of authors. To assist copyright owners, Company has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with a Application. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address: Designated Agent – Naranga, LLC Attn: LEGAL DEPARTMENT 95 Barnes Road Wallingford, CT 06492 USA Fax: 203-774-0531 Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the Application, including its URL, so that Company can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
You agree to promptly forward to the Company a copy of any such notice you receive from an Authorized User.
We may assign our rights and obligations under these Terms, without notice, to: (a) any affiliate of Company; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Company or any affiliate of Company. These Terms may not be assigned by you without our prior written consent.
GOVERNING LAW AND JURISDICTION
This Application (excluding linked web sites) is controlled by Company from its offices within the United States. Company makes no representations or warranties that the information, products or services contained on the Application are appropriate for use or access in locations other than the United States. If you are using or accessing the Application from locations other than in the United States, you are responsible for compliance with Connecticut and United States laws, as well as local laws in countries from which you are accessing this Application, if and to the extent applicable. Use of this Application is not authorized in any jurisdiction that does not give effect to these Terms, including without limitation this paragraph. You agree that all matters relating to your access to, or use of, any Application, and all disputes arising out of or in connection with your use of any Application, these Terms and/or any products you purchase through this Application shall be governed by and construed in accordance with the laws of the State of Connecticut, except for the conflicts of laws rules thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the New Haven County, State of Connecticut for all such disputes, and acknowledge that you do so voluntarily. 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 this Application or these Terms must be brought within one (1) year after such claim or cause of action arises.
If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Application or these Terms should be directed to: Naranga, LLC 201 17TH Street NW Suite 420 Atlanta, Georgia 30363
Effective Date: June 1, 2015
Last modified: January 1, 2020
Information We Collect and How We Collect It
We collect information from and about users of our Application directly from you when you provide it to us and automatically when you use the Application. When you download, register with or use this Application, we may ask you provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number[, social security number, or any other information the Application collects that is defined as personal or personally identifiable information under an applicable law (“Personal Information“).
This information includes:
- Information that you provide by filling in forms in the Application. This includes information provided at the time of registering to use the Application, subscribing to our service, posting material and/or requesting further services. We may also ask you for information when you report a problem with the Application.
- Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the Application and of the fulfillment of your orders, if any. You may be required to provide financial information before placing an order through the Application.
- Your search queries on the Application.
You may provide information to be published or displayed (“Posted“) on message boards you access through the Application (collectively, “User Contributions“). Your User Contributions are posted and transmitted to others at your own risk. Although access to the Application is limited to authorized users of the Application with password access, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection And Tracking.
When you download, access and use the Application, it may use technology to automatically collect:
- Usage Details. Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Application.
- Device Information. Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating Application, browser type, mobile network information and the device’s telephone number.
- Stored Information and Files. The Application also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
- Location Information. This Application may collect real-time information about the location of your device, depending on your use of the Application.
- Behavioral Tracking. We also may use these technologies to collect information about your activities over time and across third party websites, apps or other on line services (behavioral tracking). If you do not want us to collect this information, do not download the Application or delete it from your device.
Information Collection And Tracking Technologies.
The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Application.
- Web Beacons. Pages of the Application and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying Application and server integrity).
- Log Files. Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Third-party Information Collection
When you use the Application or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Application and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account/subscription, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you when Application updates are available, and of changes to any products or services we offer or provide though it.
In the course of carrying out our operations and seeking to improve the content of the Application, we may transfer your personally identifiable information and other information that you submit on this Application to our offices, affiliates and service providers in the United States and throughout the world. We will share aggregated demographic information, which is not linked to any personally identifiable information that can identify any individual person, with our affiliates and other third parties. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law and as set out below:
- Transaction Requirements: We sometimes retain the services of third parties to perform functions or services on our behalf. To our knowledge, these companies do not retain, share, store or use personally identifiable information for any secondary purposes. However, we do not undertake to confirm, investigate, or police their practices.
- Protection of Application and Others: We may reserve and have the right to disclose any information about you or your use of this Application without your prior permission if we have a good faith belief that such action is necessary to: (i) protect and defend our rights, property or safety or that or those of other users of this Application, or the public; (ii) enforce the Terms; or (iii) respond to claims that any content violates the rights of third-parties.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
Your California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
To request a copy of the information disclosure provided by Naranga LLC pursuant to Section 1798.83 of the California Civil Code, please contact firstname.lastname@example.org
We have reasonable security measures in place to endeavor to protect against the loss, misuse and alteration of your personally identifiable information under our control. We have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access. No security, however, is impenetrable. We cannot guarantee the security of our Application or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or this Application as strictly confidential.
Access to, Amendment, and Deletion of Information
You can ask to review, correct, update, or delete the information that we maintain about you, including your preferences, at any time by sending a written request to the postal or e-mail address set out below, or following the instructions in any promotional e-mail you receive from us. We may take a reasonable period of time to respond. Please note that we may deny your request to correct, update, or delete the information that we maintain about you if we believe the information is accurate and complete, and we are required to maintain the information by law or in order to administer our business. If you request the deletion or change of information on our Application, such information may be retained for a period in our backup Applications as a precaution against Application failures. Some information may be retained for longer periods as required by law, contract or auditing requirements.
Access and Use of Services
- Services and products designed by Naranga are licensed for exclusive business use of Edible International, LLC, and its affiliated entities (EI), , its employees, and franchisees in accordance with EI agreements, operating manual and other directives and for no other purpose.
- The user acknowledges that they will only have access to the Chat application for so long as they are either an employee or franchisee of EI.
- The user acknowledges that all information provided in the Chat application becomes the property of Naranga and EI, and either Naranga or EI may review the chat discussions for purposes of improving the application, the franchisee system or for any other business related purpose in Naranga and EI’s sole discretion.
- All information provided by the services and products is considered to be proprietary and confidential information and is not the property of the user in any way. All confidential information may not be disclosed to any third party without the express permission of EI.
- Users may log on to the Chat application using their assigned login credentials and send electronic communications to employees, franchisees, or corporate users. This Chat app is not for personal use and no messages should be exchanged to any personal, non-EI business user.
- User must only use their own assigned login credentials and may not share such information with anyone (corporate users, franchisees, and employees included) or login as any other user. The user bears all responsibility for all content contributed under their assigned login.
- Naranga and EI have the right at any time to terminate your access to the Chat application if it its sole discretion it believes you are abusing the application or your use of the application is abusive.
- Users agrees they understand the technical use of the services and products and has no objections in respect thereof. User is aware of risk and threats connected with electronic data transmission.
- Naranga reserves the right to access user’s accounts for technical, administrative, or security purposes.
- The obtained information in such a manner shall not be processed or made available to third parties unless required by provision of law.
- The opinions and content added by users does not reflect in any possible manner Naranga’s views or opinions.
- By accessing and using Naranga’s services and products, the user hereby consents to the Terms and Conditions and agrees to defend, indemnify, hold harmless and fully release and forever discharge Naranga and its respective affiliates, subsidiaries, and agents from and against any and all liability claims, costs, or damages.