TERMS AND CONDITIONS
User Agreement for Mondelēz Global LLC and Mondelēz Canada Inc. (together referred to as “Mondelēz International”)-Operated Web Site
**UPDATED AS OF MAY 8, 2015**
WELCOME TO THIS MONDELĒZ INTERNATIONAL-OPERATED WEB SITE!
We’ve designed our Web sites to be useful, informative, and fun. We hope we’ve succeeded — and we hope you’ll let us know how we can make them even better.
All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because when you use our sites, you automatically accept and agree to them. If you do not want to agree to these Terms and Conditions, you should not access, use or submit any information to our Web sites.
THANKS FOR VISITING!
INFORMATION ON OUR SITES AND RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by Mondelēz International, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
By submitting information to Mondelēz International and the SHOPPER FUTURES program, you hereby agree to the following:
(1) You agree not to re-use material from www.mondelezinternational.com or from any other World Wide Web site operated by Mondelēz International, including www.shopperfutures.com. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent — first.
There’s one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don’t delete, modify or change any copyright, trademark, or other proprietary notices.
But please don’t modify the materials or use them for any other purpose; if you do, you’ll be violating our intellectual-property rights which is against the law.
Any other use of content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. Mondelēz International or its licensors or content providers retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Mondelēz International’s sole discretion. Mondelēz International neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Mondelēz International.
As a condition of your use of the site, you will not use the site for any purpose that is unlawful or prohibited by these Terms and Conditions or any applicable laws.
(2) Everything you download — the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it — is considered licensed to you by Mondelēz International.
That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you’re not allowed to redistribute or sell the material — or to reverse-engineer, disassemble, or otherwise convert it to any other form for any other use.
ACCURACY AND COMPLETENESS OF INFORMATION ON OUR WEBSITE
Mondelēz International is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
IF YOU SUBMIT MATERIAL TO US…
(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to Mondelēz International through this site, including any information you submit in your SHOPPER FUTURES application, (but other than information we promise to protect under our Privacy Policies), becomes and remains our property, even if this agreement is later terminated.
This means that…
We don’t treat any such submission OR THE MATERIALS CONTAINED THEREIN as confidential. YOU SHOULD NOT SUBMIT INFORMATION TO US THAT YOU DEEM CONFIDENTIAL OR PROPRIETARY.
If we use them — or anything like them — we don’t have to pay OR OTHERWISE COMPENSATE you or anyone else for them.
We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose and at any time without compensating you or anyone else for them.
(2) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, trademark and copyright and that our use of what you submit will not violate the rights of any third party.
In particular, you acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, constitutes a trade secret, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may NOT upload commercial content onto the site.
If you do submit material, and unless we indicate in writing otherwise, you grant Mondelēz International and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such material throughout the world in any media or forum. You further agree that Mondelēz International is free to use any ideas, concepts, know-how and submissions that you or individuals acting on your behalf provide to Mondelēz International. By submitting materials, you grant Mondelēz International and its affiliates the right to use the name, images, including your personal image and any other individuals featured in the materials you submit, biographical information and company information you submit in connection with such material, if it so chooses. By submitting your materials you acknowledge and agree that as a part of the Mondelēz International business, we are constantly and consistently developing and exploring innovations, technology and ideas that may be the same as or similar to any ideas, technology, etc. described in the information that you providing to us, both at the time of submission and after such time the result of which is that at any time, Mondelēz International or any of its affiliates may develop, explore and execute the same or similar ideas, concepts and technology without liability to you of any kind. By agreeing to the terms and conditions, you acknowledge this and release and indemnify Mondelēz International and its affiliates from any claims of misuse of intellectual proprietary or confidential information.
All personal information provided via this site will be handled in accordance with the site’s online Privacy Policies. By using this site, you consent to all actions taken by Mondelēz International with respect to your information in compliance with the Privacy Policies. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Mondelēz International and its affiliates for all claims resulting from content you supply.
LIMITATION OF LIABILITY
It’s very important for you to read the next two sections carefully — so important, in fact, that the law actually requires us to put this material in capital letters.
MONDELĒZ INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY…
- USE OF (OR INABILITY TO USE) THE SITES,
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
- FAILURE OF PERFORMANCE,
- DELAY IN OPERATION OR TRANSMISSION,
- COMPUTER VIRUS, OR…
- LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING…
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”);
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
EXCEPTION: TO THE EXTENT THAT THE LAW DOES NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.
DISCLAIMER THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) MONDELĒZ INTERNATIONAL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES…
- THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
- THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
- THAT DEFECTS WILL BE CORRECTED.
- THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, OR DIRECTIONS CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT MONDELĒZ INTERNATIONAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: TO THE EXTENT THAT THE LAW DOES NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
We sometimes provide access to other World Wide Web sites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Mondelēz International-operated site or have moved to another site.
Unless otherwise specified, the materials in our sites are presented to provide information about Mondelēz International and its products.
Mondelēz International controls and operates its sites from the company’s headquarters in the United States of America. We in no way imply that the materials on the sites are appropriate or available for use outside of the United States or Canada. If you use our sites from locations outside of the United States or Canada, you are responsible for compliance with any applicable local laws.
You acknowledge that Mondelēz International is required to comply with trade restrictions and prohibitions of the United Nations, the European Union and the United States of America as well as a number of other jurisdictions and accordingly agree to take all reasonable measures to ensure that goods and services supplied to and used by Mondelēz International do not originate from any of the countries that are placed on the various lists of sanctioned countries or specifically designated nationals and blocked persons/entities from time to time. The listings of currently sanctioned countries, specifically designated nationals and blocked persons/entities are available from the US Treasury Office of Foreign Assets Controls (OFAC) website: www.treas.gov/ofac.
Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported…
- into (or to a national or resident of) any country to which the United States has placed an embargo; or…
- to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders.
If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.
You agree to defend, indemnify, and hold harmless Mondelēz International, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and assigns from an against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of this site, including, but not limited to, any use of the site’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from this site.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from all Mondelēz International sites, along with all related documentation and all copies and installations.
Mondelēz International may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And Mondelēz International is entitled to terminate all or part of any of its Web sites at any time, without notice to you.
MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
If you use our site from a location within the United States, these Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Illinois (without applying the state’s conflict-of-law principles). Any dispute under these Terms and Conditions must be brought in the state and federal courts in Cook County, Illinois, USA, and by submitting materials you hereby on behalf of yourself and your company submit to the jurisdiction of these courts and waive any rights you may have to object to such jurisdiction on the grounds of lack of personal jurisdiction or forum non-conveniens.
If you use our site from a location within Canada, these Terms and Conditions, and the agreement they create, shall be governed by an interpreted according to the laws applying to contracts made and fully performed in Ontario, Canada. Any dispute under these Terms and Conditions must be brought in the courts of the Province of Ontario, Canada, and by submitting materials you hereby on behalf of yourself and your company submit to the jurisdiction of these courts and waive any rights you may have to object to such jurisdiction on the grounds of lack of personal jurisdiction or forum non-conveniens.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Mondelēz International may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. All changes are effective immediately when we post them and if you continue to use this site following the posting, you accept and agree to all of the changes.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
© 2015 Mondelēz Global LLC and Mondelēz Canada Inc. All rights reserved.
Last Revision Date: 05/08/2015