What is included in the definition of Digital Presences for the Cream franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
erial to the franchise. We have not filed any patent applications that are material to the franchise.
We and/or our affiliates claim copyrights in the Brand Manual, content on Digital Presences, advertising materials, any or all of the design elements contained within the Marks, and other advertising or marketing materials used in operating Jeni's Ice Creams Scoop Shops and the System. We have not registered these copyrights with the U.S. Copyright Office. You may use the copyrighted works only as we specify while operating your Shop (and must stop using them if we so direct you). We may modify or discontinue using the subject matter covered by any copyrighted works. There currently are no effective adverse determinations regarding the copyrighted materials. We are not aware of any infringing uses of our copyrighted works which could materially affect your use of the copyrighted works. We need not protect or defend our copyrighted works. We may control any action involving the copyrighted works, even if you bring the matter to our attention. We need not take affirmative action when notified of infringement of or participate in your defense nor indemnify you for damages or expenses in a proceeding involving the copyrighted works.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 40–42)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Cream claims copyrights to content on Digital Presences. This means that Cream owns the rights to the material displayed on its websites, social media, and other online platforms used to promote the brand. As a franchisee, you are allowed to use these copyrighted works only as specified by Cream while operating your shop. Cream retains the right to modify or discontinue the use of any content on these Digital Presences.
Cream requires franchisees to adhere to all applicable laws, regulations, and privacy policies related to any Digital Presence. Franchisees must also assist Cream in meeting its compliance obligations regarding personal information and promptly report any customer requests related to their personal data. This ensures that franchisees handle customer data responsibly and in accordance with legal requirements.
Cream maintains control over its Digital Presences and the content displayed on them. Franchisees must follow Cream's guidelines and instructions when using these digital platforms. This allows Cream to maintain brand consistency and protect its intellectual property. Prospective franchisees should inquire about the specific guidelines and policies governing the use of Cream's Digital Presences to ensure they understand their obligations and limitations.