The Company may make changes to the content provided on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site or, if you have registered for an account on the Site, we may send an email to you at the email address on file for your account. By using this Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Your Use of the Site
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
Using the Site
You can simply view the Site without any need to register with the Company to simply visit and view the Site.
If you desire to register for an account with the Company, you must submit the following information through the account registration page on the Site: your first and last name, and email address, and business type, if applicable. You will also have the ability to provide additional optional information, such as your address, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Site or its services, or in enhancing our products. Once you have submitted your account registration information, the Company administrator shall have the right to approve or reject the requested registration, in the Company administrator’s sole discretion. You will create your own password when completing the submission form (“Site Password”).
You are responsible for maintaining the confidentiality of your Site Password, and you are responsible for all activities that occur using your Site Password. You agree not to share your Site Password, let others access or use your Site Password or do anything else that might jeopardize the security of your Site Password. You agree to notify the Company if your Site Password is lost, stolen, if you are aware of any unauthorized use of your Site Password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. If you create an account, you may change, correct or remove any information from your account by either (i) logging into your account directly and making the desired changes (if such feature is provided by the Site), or (ii) contacting the Company using the contact information at the end of these Terms requesting that we make the change.
You acknowledge that you are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
You may not: upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, racially, ethnically or otherwise offensive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; disseminate any unsolicited or unauthorized advertising or promotional materials; use any robot, spider, scraper or other automated means to access the Site; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; alter the opinions or comments posted by others on the Site; post anything unrelated to our business, products or services; or post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. You may not upload commercial content onto the Site.
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to (a) terminate access to your account, and/or your ability to post to this Site and (b) refuse, delete or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or Site Password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Intellectual Property Infringement
The Company respects the intellectual property rights of others, and we ask you to do the same. the Company may, in appropriate circumstances and at our discretion, terminate the service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Company’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice of claims of copyright or trademark infringement on this Site should be sent to:
Mondelēz Global LLC
100 Deforest Avenue, East Hanover, New Jersey 07936
Attention: Trademarks Department
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
The Company reserves the right, in its sole discretion, to terminate the account or access of any user of our Site who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE OR THE MATERIALS. THIS SITE AND THE MATERIALS, AND INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE MATERIALS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR THE INFORMATION AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU EXCEED $100.00.
You agree to indemnify, defend, and hold harmless Mondelēz International, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your Internet account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Securities of Mondelēz International
We are not providing investment advice through this Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Mondelēz International, Inc., the parent company of the Company (the “Securities”). If you decide to use any material available on the Site in assessing whether to buy or sell the Securities, please be aware that the material on the Site reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.
Links to Other Sites
Cautionary Language Regarding Forward-Looking Statements
This Site contains “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events. If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from the Company’s expectations and projections in these statements.
The Company controls and operates this Site from the Company’s headquarters in East Hanover New Jersey, in the United States of America. We in no way warrant or imply that the materials on the Site are appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Site in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the internal substantive laws of the State of New York, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in New York County, New York.
Termination of this Agreement
This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. The Company 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.
The Company provides content through the Site that are copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Unless otherwise specified, the Site is provided for your personal and noncommercial use. Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal, noncommercial use. Except for the foregoing license, you have no other rights in the Site or any Materials. You may not modify copy, edit, distribute, transmit, perform, reproduce, publish, license, create derivative works of, alter, enhance, reverse engineer, transfer, sell or in any way exploit the Materials or the Site. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, or transmission of the Site or any Materials, without the prior written permission of the Company, is prohibited.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
If any provision of this agreement is unlawful, void or unenforceable, then such term shall be interpreted to reflect the intentions of the parties, and the remaining provisions of the agreement will remain in place. These Terms, and the legal notices and terms located on this Site, are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at:
Mondelēz Global LLC
100 Deforest Avenue
East Hanover, NJ 07936
Attention: Legal Department