User Agreement for 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!
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1)
You agree not to re-use material from www.kraftfoods.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 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.
INFORMATION ABOUT HEALTH & WELLNESS
Information accessible on this site is not intended to be a substitute for
professional medical advice. Information 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 this site.
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...
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USE OF (OR INABILITY TO USE) THE SITES,
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USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
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FAILURE OF PERFORMANCE,
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ERROR,
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OMISSION,
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INTERRUPTION,
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DEFECT,
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DELAY IN OPERATION OR TRANSMISSION,
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COMPUTER VIRUS, OR...
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LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...
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DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
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DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY,
"CONSEQUENTIAL DAMAGES");
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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...
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THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR
PURPOSE.
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THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE.
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THAT DEFECTS WILL BE CORRECTED.
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THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
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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 reexported...
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(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...
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(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.
© 2003 KF Holdings. All rights reserved.
Last Revision Date: 8/7/2003