[Planters] Peanut World Records
CONDITIONAL USE OF THIS SITE
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OWNERSHIP OF USER CONTENT
Kraft Foods Group, Inc. (“Company, We”, “Our” or “Us”) does not claim ownership over any material You post to the Site (“User Content”) and You are solely responsible for ensuring that You have all applicable rights to post Your User Content and grant the rights set forth herein. You grant Company, solely in consideration of the possibility of publicity , an irrevocable, perpetual, non-exclusive, transferable, fully-paid up, royalty-free, worldwide, and fully sublicensable license to use, copy, publish, distribute, transmit, transfer, modify, edit, create derivative works of, publicly perform, and publicly display in whatever media (including, without limitation, social media), now known or hereafter created, and at Company’s sole discretion, such User Content in connection with the advertising, marketing and/or promotion of Company and/or Company’s Planters branded products without compensation or any other liability to You. You hereby waive any and all moral rights associated with our use of Your User Content. Company is not responsible for any distortion or illusory effect resulting from the use of the User Content. You acknowledge and agree that Planters, the Planters logo, Mr. Peanut and other Planters marks (collectively, the “Marks”) are trademarks of Kraft Foods Group, Inc. and nothing herein gives You any right in or to the Marks.
You represent and warrant that (i) You have all necessary written consents, releases, or permissions to grant the foregoing licenses to Company, including without limitation, with respect to every identifiable individual person shown in the User Content; and (ii) the uploading, posting, or otherwise transmitting or re-transmitting of Your User Content as contemplated herein does not violate the legal rights of any person or entity, including, but not limited to, privacy rights, publicity rights, copyrights, trademark rights, or contract rights.
You further agree to execute any documents, and help facilitate the execution of documents by others, we deem reasonably necessary to effectuate our rights.
PEANUT RECORD SUBMISSION GUIDELINES
By submitting a Peanut Record, which is defined as User Content that illustrates Your attempt to set a new record for a Planters peanut challenge as presented on the Site, you represent and warrant that Your User Content:
- Does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Is not, in Company’s sole opinion, obscene, offensive, profane, scandalous, indecent, pornographic and does not endorse any form of hate or hate group;
- Does not defame, misrepresent or contain disparaging remarks about Us or Our products, or other people, products, groups or companies;
- Does not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind;
- Does not contain any personal identification, such as, but not limited to, license plate numbers, personal names, e-mail addresses or street addresses;
- Does not contain copyrighted materials owned by others without written permission from such owners;
- Does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the individual submitting the User Content, without written permission from such person or such person’s estate;
- All individuals featured in the User Content are eighteen (18) years of age or older at the time of the submission;
- In Our sole opinion, does not communicate messages or images inconsistent with Our positive image and/or goodwill and is not otherwise objectionable or inappropriate to a reasonable person; and
- Does not depict or encourage a violation of any law or regulation.
We have the right to reject, or take down, any User Content that, in our sole discretion, violates these Submission Guidelines, or for any other reason whatsoever.
- USE OF THE SITE AND THE PERFORMING OF ACTIVITIES SUGGESTED ON OR BY 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 PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, SITE DEVELOPERS AND OTHER PROMOTIONAL PARTIES (COLLECTIVELY, THE “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;
- ANY PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OR LOSSES OF ANY KIND WHICH MAY BE SUSTAINED TO YOU OR YOUR COMPUTER AS A RESULT (IN WHOLE OR IN PART) OF YOUR PARTICIPATION IN ANY ACTIVITIES PROMOTED ON THE SITE, USE OF THE SITE, OR THE DOWNLOAD OF ANY INFORMATION FROM THE SITE; AND
- ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER’S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
- ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY OR PRIVACY/PUBLICITY RIGHTS, LIBEL, OR DEFAMATION RELATING TO ANY OF YOUR USER CONTENT;
- ANY ACTIVITY RELATING TO YOUR SITE ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR SITE ACCOUNT;
- YOUR BREACH OF ANY PROVISION OF THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR REPRESENTATIONS AND WARRANTIES;
- ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT, OR YOUR PARTICIPATION IN THE ACTIVITIES PROMOTED HEREIN.
You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible 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 such websites.
VENUE AND JURISDICTION
Except where prohibited, you agree that any legal proceeding brought against us relating to the Site or your User Content shall be resolved individually, without resort to any form of class action, and exclusively in appropriate courts located in Illinois. If you are located outside of this country, you are solely responsible for compliance with any applicable local laws.
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.
Please note, We may change these Terms, 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 Your agreement to such changes.
If You have any questions or comments regarding this Site, please contact Recordsetter.com at firstname.lastname@example.org