Mondelēz International - Terms of Use

WELCOME TO THIS MONDELĒZ INTERNATIONAL SITE! Your access to and use of any site or online service owned or controlled by Mondelēz International ("Mondelēz," "we," "us," or "our") and which links to these Terms of Use (as defined below), together with any successor site(s) or online service(s), and including the Content, Site Services and Software (each as defined below) accessible in connection with such site or online service (collectively, the "Site") are governed by the terms of use set forth herein (the "Terms of Use" or "Terms").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE SITE.

The Site is a general purpose site or online service and is not targeted towards children under the age of thirteen (13). By accessing or using the Site, including by registering an account on the Site, you represent and warrant that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), you may use the Site only with the involvement of a parent or guardian.

We've designed our Site 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.

THANKS FOR VISITING!

1. CHANGES TO THESE TERMS OF USE
   We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
   
   Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
   
   

2. SERVICES AND SOFTWARE
   We may provide users of the Site with access to certain specialized content and services, such as games, activities, challenges, promotions, social media and blogging capabilities (such content and services, collectively, the "Site Services"). We may also make available to users of the Site a variety of software tools that can be used to interact with us, other Site users and other third parties (the "Software").
   
   

3. INFORMATION SUBMITTED THROUGH OR IN CONNECTION WITH THE SITE
   Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to or through the Site by electronic mail or otherwise, will be used by Mondelēz in accordance with the Site's Privacy Notice, which is hereby incorporated into these Terms of Use. Any other communication or material you transmit to the Site, either directly or indirectly (for example, through the use of a Mondelēz-designated hashtag on a third party social media site), including User Contributions (as defined below) and similar content, will be treated as non-confidential and non-proprietary. For purposes of clarity, you acknowledge and agree that any information in a User Contribution is public information and will be treated as such. You represent and warrant that any information you provide in connection with your access to or use of the Site is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, or not in compliance with these Terms, we may terminate your use of the Site.
   
   The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features and Site Services that allow users to post, submit, publish, display or transmit (collectively, "post") content, remarks, suggestions, ideas, graphics, or other materials on or through the Site (collectively, "User Contributions").
   
   
   If you post a User Contribution on or through the Site, you acknowledge and agree...

• 1. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.
     
• 2. Any User Contribution (other than information we promise to protect under our Privacy Notice) becomes and remains our property, even if these Terms are later terminated. In furtherance of the foregoing, you hereby assign to Mondelēz all right, title and interest in and to your User Contributions, including all intellectual property rights therein.
     
     For purposes of clarity, you acknowledge and agree that by assigning all right, title and interest in and to your User Contributions, Mondelēz will have exclusive ownership of all present and future rights to your User Contributions of every kind and we can use such User Contributions for any purpose, without compensating you or anyone else. You can't sue us for using the User Contributions you post (including, but not limited to, product or advertising ideas) and if we use such User Contributions -- or anything like them -- we don't have to pay you or anyone else for them.
     
• 3. You are responsible for any User Contribution you post -- in other words, you acknowledge that you (and not Mondelēz) have full responsibility for your User Contributions, including their legality, reliability, appropriateness, originality and copyright.
     

4. REGISTRATION; USER NAMES AND PASSWORDS
   
   You may be required to register with Mondelēz and to agree to certain rules or other terms and conditions in order to access or use certain Content, Site Services, Software or other areas of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not Mondelēz, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.
   
   

5. YOUR USE OF THE SITE
   
   You agree to use the Site only for lawful purposes. Without limiting the foregoing...

• 1. You agree not to do any of the following: (i) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) upload to or transmit on the Site any advertisements or solicitations of business; (vi) restrict or inhibit use of the Site by others; (vii) upload or otherwise transmit files that contain a virus or corrupted data; (viii) collect information about others (including e-mail addresses) without their consent; (ix) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (x) post "spam," transmit chain letters or engage in other similar activities; or (xi) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Mondelēz, may harm Mondelēz or users of the Site or expose them to liability.
     
• 2. Any User Contributions posted on or through the Site, other than content provided by Mondelēz, are solely the opinions and responsibility of the person or entity posting such User Contributions and do not necessarily reflect the opinions of Mondelēz.
     
• 3. Mondelēz reserves the right, but does not assume any responsibility, to (i) remove any User Contributions or other third party material posted on the Site which Mondelēz, in its sole discretion, deems inconsistent with these Terms of Use, including any User Contributions or other material Mondelēz has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user's access to all or part of the Site.
     
     However, Mondelēz can neither review all User Contributions or other third party material before it is posted on the Site, nor ensure prompt removal of objectionable User Contributions or other material after it has been posted. Accordingly, Mondelēz assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Mondelēz reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public; however, Mondelēz has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
• 4. Your failure to comply with these Terms of Use may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
     

6. MONDELĒZ'S PROPRIETARY RIGHTS
   
   The Site Services and Software, and all of the content made available through the Site, including, but not limited to, all text, images and Online Products and Descriptions (as defined below) ("Content"), and all software used to make the Site available, and all intellectual property rights in each of the foregoing, are and shall remain the property of Mondelēz and its licensors and suppliers, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. From time to time, we may permit you to download and view one copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in these Terms or in writing in advance by Mondelēz, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Site Services or Software, all or any part of the Site, or any Content made available through the Site. Certain Software may be governed by an additional end user license agreement (or "EULA") to which you may be required to agree before using such Software.
   
   Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of Mondelēz or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Mondelēz, whether registered or unregistered, may not be used in connection with any product or service that is not Mondelēz's. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mondelēz's trade names, trademarks or service marks without our express prior written consent.
   
   

7. PRODUCT DESCRIPTIONS, PRICING AND ACCURACY
   
   All products and services, prices of products and services, availability and quantity of products and services, promotions and exclusions associated with products and services, and specifications and other descriptions of products and services, in each case, depicted, described or available on the Site (collectively, "Online Products and Descriptions") are subject to change at any time without notice. The inclusion of any Online Products and Descriptions on the Site at a particular time does not imply or warrant that such Online Products and Descriptions will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Mondelēz attempts to ensure that Online Products and Descriptions on the Site are complete, accurate and up-to-date. Despite our efforts, Online Products and Descriptions on the Site may occasionally be inaccurate, incomplete or out-of-date. Mondelēz makes no representation as to the completeness, accuracy or currency of any Online Products and Descriptions on the Site. For example, products available on the Site for purchase may be unavailable, may have different attributes than those listed on the Site, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on the Site with respect to Online Products and Descriptions, Mondelēz reserves the right to cancel any orders (or partial orders) for such Online Products.
   
   Without limiting the foregoing...

• 1. Online Products and Descriptions may vary between in-store and online, and are subject to change without notice.
• 2. Availability of products on the Site is noted on each product's detail page and denotes the time-frame in which such product should ship from the warehouse. Once a product leaves our warehouse, the shipping method you selected during the check-out process should determine the product's arrival date.

8. CONFIRMATION, CANCELLATION AND COUPONS
   
   While it is Mondelēz's practice to confirm online orders via e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (A) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (B) to discontinue any product or service; (C) to bar any user from making or completing a transaction; and (D) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
   
   For clarification, online orders may be limited or cancelled by Mondelēz at any time, including after receipt of a confirmation or shipping e-mail. We also may require additional information or verification of information prior to the acceptance or shipment of any online order.
   
   

9. INFORMATION ABOUT HEALTH & WELLNESS
   
   Content accessible on this Site is not intended to be a substitute for professional medical advice. Such Content is often general in nature and may be helpful to some persons, but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
   
   

10. LINKS TO OTHER SITES
    
    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 third party websites you reach through our Sites. Check the Uniform Resource Locator (URL) address provided in your web browser to see if you are still in a Mondelēz-operated Site or have moved to a third party website.
    
    

11. 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 WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITES, SERVICES, SOFTWARE AND/OR CONTENT. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (A) USE OF (OR INABILITY TO USE) THE SITES, SERVICES, SOFTWARE OR CONTENT; (B) USE OF (OR INABILITY TO USE) ANY WEBSITE OR SERVICE TO WHICH YOU HYPERLINK FROM OUR SITES; (C) FAILURE OF PERFORMANCE; (D) ERROR; (E) OMISSION; (F) INTERRUPTION; (G) DEFECT; (H) DELAY IN OPERATION OR TRANSMISSION; (I) COMPUTER VIRUS; OR (J) LINE FAILURE.
    
    KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: (A) DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; (B) DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); (C) 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.
    
    IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO 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.
    
    

12. DISCLAIMER OF WARRANTIES
    
    THE SITE, AND ANY SOFTWARE, SERVICES, CONTENT, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND USER CONTRIBUTIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, ARE PROVIDED BY US ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES: (A) THAT THE SITE, CONTENT, SOFTWARE, SERVICES, PRODUCTS AND MATERIALS ARE OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE; (B) THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE SITE, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THAT DEFECTS WILL BE CORRECTED; (D) THAT OUR SITE, CONTENT, SOFTWARE, SERVICES OR SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED ON OR AVAILABLE THROUGH THE SITE.
    
    YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SOFTWARE, SERVICES, CONTENT, PRODUCTS OR MATERIALS (INCLUDING THIRD PARTY PRODUCTS AND SERVICES, AND USER CONTRIBUTIONS) AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.
    
    IN ADDITION TO THE ABOVE, YOU (AND NOT MONDELĒZ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
    
    IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    
    

13. INDEMNIFICATION
    
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MONDELĒZ AND ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, PARENT COMPANIES AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING OUT OF (A) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE SITE, SITE SERVICES, SOFTWARE, OR CONTENT; (B) ANY VIOLATION OF THESE TERMS BY YOU OR THROUGH YOUR SITE ACCOUNT; AND (C) ANY ALLEGATION THAT ANY USER CONTRIBUTION OR OTHER MATERIALS THAT YOU POST OR OTHERWISE MAKE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, SITE SERVICES OR SOFTWARE INFRINGE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET, PRIVACY OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.
    
    

14. TERMINATION OF THESE TERMS OF USE
    
    These Terms of Use are effective until terminated by either you or Mondelēz.
    
    You may terminate these Terms at any time by destroying all Content and Software obtained from all Mondelēz Sites, along with all related documentation and all copies and installations.
    
    Mondelēz may terminate these Terms at any time and without notice to you if, in its sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must destroy all Content and Software obtained from all Mondelēz Sites, along with all related documentation and all copies and installations.
    
    In addition, by providing Content, Software and Site Services on or through our Sites, Mondelēz does not in any way promise that such Content, Software and Site Services will remain available to you, and Mondelēz is entitled to terminate all or part of any of its Sites, Content, Software and Site Services at any time, without notice to you.
    
    

15. GOVERNING LAW AND JURISDICTION
    
    Unless otherwise specified, the Content on our Site is presented to provide information about Mondelēz and its products and services.
    
    Mondelēz controls and operates its Sites from its headquarters in Northfield, Illinois, in the United States of America. Mondelēz in no way implies that the Content, Software and Site Services on or available through the Site 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.
    
    These Terms of Use, 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).
    
    Some Software available on or through our Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (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 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.
    
    

16. MISCELLANEOUS POINTS ABOUT THESE TERMS
    
    If any provision of these Terms is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
    
    These Terms of Use constitute the entire agreement regarding all the matters that have been discussed in these Terms.