User Agreement for Kraft Foods-Operated Web Site
WELCOME TO THIS KRAFT FOODS-OPERATED WEB SITE!
We've designed our Web site to be useful and informative. We hope we've succeeded -- and we hope you'll let us know how we can make it even better.
All we ask in return is that you abide by the Terms and Conditions that follow as well as all applicable laws. Please read them carefully, because when you use our site, you automatically agree to them without limitation or qualification.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1) You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
(2) You agree not to re-use material from www.kfcollaborationkitchen.com or from any other World Wide Web site operated by Kraft Foods. 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 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.
3) 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 Kraft Foods.
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 that people can use.
(4) You may not use any third party' likenesses, names, and/or properties without their express permission.
(5) You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
(6) We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
(7) We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
IF YOU SUBMIT MATERIAL TO US...
(1) All ideas that you communicate to Kraft Foods through this site will be governed by our policy, "Submitting Ideas to Kraft Foods " and the terms of our Submission Agreement.
(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, and copyright.
(3) Subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed non-confidential and non-propritary.
LIMITATION OF LIABILITY
It's very important for you to read this section and the following Disclaimer and Waiver sections carefully -- so important, in fact, that the law actually requires us to put this material in capital letters
KRAFT FOODS 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;
· ERROR;
· OMISSION;
· INTERRUPTION;
· DEFECT;
· 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: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. HOWEVER, 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) KRAFT FOODS 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 MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
· THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. (WE THINK OUR RECIPES ARE GREAT, BUT WE HAVE NO CONTROL OVER CONDITIONS IN YOUR PARTICULAR KITCHEN OR HOUSEHOLD THAT WE DON'T KNOW ABOUT.)
IN ADDITION TO THE ABOVE, YOU (AND NOT KRAFT FOODS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Waiver
We use certain reasonable security measures to help protect information you send to this Site. However, we cannot guarantee the security of such information. To the fullest extent permitted by law, we disclaim all liability and responsibility for any Damages you may suffer due to any loss, unauthorized access, misuse or alteration of any information you submit to this website.
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
USE OF THE SITE IS AT YOUR OWN RISK;
THE SITE IS PROVIDED TO YOU "AS IS"; AND
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
Privacy Policy
We respect your privacy and the privacy of your personal information. Our Privacy Policy outlines the information we collect and how we use it. This Policy applies solely to information collected through this Site and not other sources. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.
For questions regarding our Privacy Policy, contact us at:
Kraft Foods Group, Inc.
1 Kraft Court
Glenview, IL 60025
Attention: Consumer Relations
1-800-543-5335
(9 a.m. – 5 p.m. Eastern Time, Monday through Friday, excluding holidays)
OTHER PROVISIONS
Definitions/interpretation
As used herein:
"Damages"
means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, tort, including negligence, or otherwise).
"including"
means "including, but not limited to"
"materials sent to the Site"
(and "materials you send to the Site" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.
"Related Parties"
means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
"Site Contents"
means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site.
"Site Developer"
means any party involved in creating, producing, delivering or maintaining the Site.
"use of this Site"
(and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site."
"Warranties"
means any warranties or representations, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.
Other sites
This Site may contain links to other web sites that we do not own or operate. 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 Kraft Foods-operated site or have moved to another site.
We do not control, recommend or endorse and are not responsible for:
ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
Changes
Please note, we may change information on this Site and/or these Terms, including termination of all or part of its Web sites, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
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 Kraft Foods sites, along with all related documentation and all copies and installations.
Kraft Foods 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 Kraft Foods is entitled to terminate all or part of any of its Web sites at any time, without notice to you.
DISPUTE RESOLUTION. You agree that if any dispute arises with Kraft regarding anything relating to your use of this Site, you shall attempt to resolve said dispute in good faith by mutual agreement. If the dispute is not resolved voluntarily, the sole and exclusive remedy shall be submitting the dispute for arbitration to the American Arbitration Association (“AAA”) for resolution by a single arbitrator. For U.S. residents, the U.S. AAA rules shall apply and the arbitration shall be conducted in Chicago, IL. For non-U.S. residents, the AAA International Arbitration Rules shall apply, and the arbitration shall be conducted in Zurich, Switzerland. The language to be used in all arbitral proceedings shall be English. The arbitration award shall be final and binding on the Parties to the arbitration and shall be entered and enforceable by any court having competent jurisdiction.
Intellectual property
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
Transfer of assets
During the course of our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, personally and non-personally identifiable information we have collected about the users of the Site may be transferred to such entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.
JURISDICTION
We control and operate the Site from the company’s headquarters in Northfield, Illinois, in the United States of America. (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the United States. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the United States, you are solely responsible for compliance with any applicable local laws.
Unless otherwise specified, the materials in our sites are presented to provide information about Kraft Foods and its products. Kraft Foods controls and operates its sites from the company's headquarters in Northfield, Illinois, 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. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
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...
(a) into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia); or...
(b) 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.
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).
Entire Agreement
This document contains the entire agreement regarding all matters relating to this Site and the Kraft Foods Collaboration Kitchen.
Severability
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Copyright Statement
All material on this site is copyright © Kraft Foods Group, Inc. 2012, except where specifically stated otherwise. Visitors may read, view, print and download one hard copy of the material for their personal, non-commercial use only.