We want to make sure everyone is clear on our rules and policies. On the left,
we've got the rules your kids need to know to use our Web site. We suggest
reading it with them and talking about it. On the right are the Terms and
Conditions for the use of our Web site.
Parents: This side is for you.
WELCOME TO THIS KRAFT FOODS-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 agree to them.
THANKS FOR VISITING!
AGREEMENT TO RULES OF CONDUCT
You agree to abide by Postopia.com's Rules of User Conduct, including but not
limited to, agreeing not to use this site for any unlawful purpose.
A copy of the Rules of Conduct, which you should review, can be found here.
In addition, you understand and agree that Kraft Foods shall have the right to
reject, disable and/or restrict the use of screen names if, in its sole
discretion, it finds them objectionable or if it believes that such screen
name(s) discloses personally identifiable information in violation of
Kraft Foods' Privacy Policy or the requirements of federal, state or
local law.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1)
You agree not to re-use material from www.postopia.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.
(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 Kraft.
That means that we and our licensors, where applicable, 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.
IF YOU SUBMIT MATERIAL TO US...
(1) All remarks, suggestions, ideas, graphics or other information that you
communicate to Kraft through this site (other than information we promise to
protect under our
Privacy Policy), becomes
and remains our property, even if this agreement is later terminated.
This means that...
We don't have to treat any such submission as confidential.
You can't sue us for using the ideas you submit (including, but not limited to,
product or advertising ideas).
If we use them - or anything like them - we don't have to pay 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, 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
and copyright.
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.
KRAFT 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 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.
DISCLAIMER
THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE
EXCEPTION BELOW) KRAFT 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) 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.
ANOTHER DISCLAIMER
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 Kraft Foods-operated
site or have moved to another site.
JURISDICTION
Unless otherwise specified, the materials in our sites are presented to provide
information about Kraft Foods and its products.
Kraft 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 re-exported:
(a) into (or to a national or resident of) any country in 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.
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 sites, along with all related documentation and all
copies and installations.
Kraft 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 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
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).
If any provision of this agreement is unlawful, void or unenforceable, it will
not affect the validity and enforceability of any remaining provisions.
Kraft may modify these Terms and Conditions, and the agreement they create, at
any time, simply by updating this posting and without notice to you.
This is the
entire
agreement regarding all the matters that have been discussed in the preceding
paragraphs.
© 2001 KF Holdings. All Rights Reserved.
