You agree to defend, indemnify and hold 85☌, its vendors and service providers, and each of their respective employees, officers and directors, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of these Terms and Conditions. Additionally, you may not use the App and/or Program in any way that violates applicable laws, causes damage to any third party and/or infringes on the rights of any third party. This includes but is not limited to any actions that (a) may result in damage to the App, Program or 85☌ (b) is defamatory, abusive, obscene, suggestive, harassing, threatening, inflammatory, fraudulent or similarly unacceptable (c) is linked to the commercial resale of 85☌ Bakery Cafe products without explicit prior written consent of 85☌ and (d) attempts to or actually interrupts the operations of the App, Program or 85☌’s business. You may not use the App or Program for any purpose that intentionally or unintentionally violates these Terms and Conditions, be it in letter or spirit. Corporations, groups, and other business entities are not eligible to participate nor are technological beings or entities, regardless of their definition under common law. Additionally, participants in the Program must: (1) have a valid US mobile phone number (2) have an active, valid e-mail address and (3) be a human being. By using the App and/or participating in the Program, you certify that you are at least 13 years old. Minors between the ages of 13 and 18 may only use the App and/or participate in the Program while under the supervision of a legal guardian who agrees to be bound by and is in compliance with these Terms and Conditions. The App and Program are intended for personal, non-commercial use only, and are not targeted towards nor intended to be used by minors under 13 years of age. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR PRESENT FORM YOU MUST STOP USING THE APP AND STOP PARTICIPATING IN THE PROGRAM. BY USING THE APP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. In addition, 85☌ may discontinue or change, from time to time, the App and the Program without any prior notice. We encourage you to review these Terms and Conditions frequently to thoroughly understand the contents herein. In the event of any amendments to these Terms and Conditions, your continued use of the App and/or participation in the Program signifies your acceptance to the amended Terms and Conditions. Additionally, through use of the App and/or participation in the Program, you waive any rights you may have to specific notice of such amendments should they occur. You agree that 85☌ may amend these Terms and Conditions and the Privacy Policy at any time and from time to time, with or without notice to you. You are also subject to the 85☌ Privacy Policy (located at ). Through your use of the App and/or your participation in the Program, you are expressly agreeing to comply with these Terms and Conditions. These Terms and Conditions do not apply to any other website, mobile app, product, service or program offered by us. Perfect 85 Degrees C, Inc., its subsidiaries and affiliated companies (collectively, “85☌,” “Company,” “we,” or “us”), as a convenience to you, grants you access to the 85☌ Bakery Cafe mobile application (the “App”) and the 85☌ Bakery Cafe Sweet Rewards Program (the “Program”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms and Conditions”). FOR THE 85☌ BAKERY CAFE APP AND SWEET REWARDS PROGRAM
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