Kraft Heinz Online Community - Member Agreement/Terms and Conditions
You must agree to the
following terms and conditions of use before you access or otherwise use or
participate in the Kraft Heinz Online Community.
Your use of this web site constitutes your agreement with Kraft Heinz to be
bound by, and to act in accordance with, these Terms and Conditions.
Notification of Changes
We may change or
revise these Terms and Conditions from time to time by updating this
posting. Please visit the Terms and
Conditions area each time you visit the web site to keep up to date with the
current terms regarding your use of the web site. Your use of the web site reaffirms your
continuing agreement to the then-current Terms and Conditions. Any future changes to these terms and
conditions will be posted on the community web site.
Confidentiality
Your invitation to
participate in the Kraft Heinz Online Community is personal and non-transferable. You
may not disclose to others any of the information that we disclose to you or
any ideas or information that are generated in the community. Your community member name and password are
for your use only. You may not disclose
your password to any other person.
Assignment
You irrevocably
assign to Kraft Heinz all rights in any ideas or expressions of ideas that you
provide to the community. All comments,
suggestions, graphics, ideas (including product and advertising ideas), and
other information or materials you submit to Kraft Heinz through this web site will
become and remain the exclusive property of Kraft Heinz, including any future rights
associated with such submissions, even if these Terms and Conditions are later
modified or terminated. This means that
by clicking on the “I Agree” button below you disclaim any proprietary rights
in such submissions, and you acknowledge Kraft Heinz’s unrestricted right to use them
(or materials or ideas similar to them) in any medium, now and in the future,
without notice, compensation or other obligation to you or any other
person. It also means that with the
exception of your personal information, Kraft Heinz has no obligation to keep your
submissions confidential.
You further release
and waive all claims against Kraft Heinz with respect to any intellectual property or
other proprietary rights, rights of privacy and publicity, rights of
attribution, or any other liability under the governing law of the United
States.
Privacy
To the extent that
you also provide us with any of your personally identifiable information, Kraft Heinz
will only use such information in accordance with the privacy policy of Kraft Heinz,
a copy of which is available at http://www.kraftheinzcompany.com/NewPrivacyPolicy.html. Please note that by
clicking on the "I Agree" button below, any of your personally
identifiable information you submit may be directed to a third party site
administered and hosted by a third party vendor retained by Kraft Heinz provided,
that in such event, the third party vendor will have no right to use any such
information other than uses necessary to fulfill its services to Kraft Heinz.
Social Networks
To help facilitate
login to our Community, we offer an optional and voluntary sign-on service that
allows you to sign-in using login credentials from your Facebook® account. This
allows you to associate your existing Facebook® profile with your Community
account. By linking these accounts, Kraft Heinz will have access to certain profile
information contained within your Facebook® profile such as your full name,
e-mail, locale, gender, profile picture, as well as other publicly available
profile information. No Community content will ever be shared on Facebook®
without your express permission. You can disassociate your Facebook® account
from your Community account at any time by clicking "Unlink" on your
Member Profile page. This service is optional and voluntary and by using this
sign-on service and linking your accounts, you consent to the transfer of
information from your Facebook® account to Kraft Heinz.
Code of Conduct
You agree not to
upload, post or transmit to or distribute or otherwise publish through the Web
Site any materials which (i) restrict or inhibit any
other user from using the Web Site, or contain a virus or other harmful
component, (ii) violate any United States laws or violate or infringe any
rights of third parties (including copyright, trademark, rights of privacy or
publicity or any other proprietary right), or (iii) are not appropriate or
pertinent to the purpose of the Web Site or are libelous, defamatory or
offensive. You will agree to abide by
the copyrights, trademarks and other intellectual property and proprietary
rights of Kraft Heinz.
You agree
to abide by these rules of conduct:
·
Only
those who are members of the community may access it.
·
Unless
specifically told otherwise, you must keep confidential all information that Kraft Heinz, other community members, and you
share with the community.
·
Kraft Heinz has the right to use the ideas and information that you
put forth in the community.
·
You
agree not to use behavior that does not support a safe and comfortable
environment for all members and not to engage in any proselytizing or
commercial activity.
·
You
agree not to copy or download any copyrighted
material.
·
You
agree to receive emails from the Community regarding Community Activities.
·
You,
or any members of your household, are not currently involved in any other
online community hosted by C Space.
·
You
understand that no personal information that you post on this site will be
sold, traded, shared with other organizations, or used for any purpose other
than consumer research.
·
Kraft Heinz does not endorse the information posted in the
community.
Membership
Your membership in
and access to the Kraft Heinz Online Community is strictly at the discretion of Kraft Heinz
and may be revoked at any time without cause and without notice. You hereby
release Kraft Heinz from any and all liability that may arise in connection with your
use of the Kraft Heinz Online Community.
Warranty
Kraft Heinz does not
represent or endorse the correctness, accuracy, reliability or any other aspect
of advice, opinion, statement or other information distributed through the
Kraft Heinz Online Community, and reserves the right to remove any content from the
community website that it deems inappropriate.
Kraft Heinz and/or its
agencies endeavor to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any
defects that may exist in the web site or its operation. As to the operation of
the web site, Kraft Heinz expressly disclaims all warranties of any kind, whether
expressed or implied, including, but not limited to all implied warranties of
merchantability or fitness for a particular purpose, title and
non-infringement. Kraft Heinz makes no warranty that (i)
the operation of the web site will meet the user's requirements; (ii) access to
the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of
defects or errors; (iii) the results that may be obtained from the use of the
web site will be accurate or reliable; or (iv) defects will be corrected. You
(and not Kraft Heinz) assume the entire cost of all servicing, repair, or correction
that may be necessary for your computer equipment and software as a result of
any viruses, errors or any other problems whatsoever you may have as a result
of visiting this web site.
Limitation of Liability
Under no
circumstances shall Kraft Heinz and/or its agencies be liable for any damages or
injury, including any direct, special, incidental, consequential, punitive or
other damages, that may result from the use of, or the inability to use, the
web site or any materials in this site, whether in an action of contract,
negligence or other tortious action, arising out of or in connection with the
use or performance of the website or information available in the web site.
Kraft Heinz shall not be liable even if Kraft Heinz or a Kraft Heinz authorized representative
has been advised of the possibility of such damages. These include but are not
limited to damages or injury caused by error, omission, interruption, defect,
failure of performance, delay in operation or transmission, line failure or
computer virus, worm, trojan horse or other harmful
component.
You agree to defend,
indemnify and hold Kraft Heinz and/or its agencies harmless from any claim or demand
made by any third party against Kraft Heinz due or arising out of your participation
in the Kraft Heinz Online Community and/or any breach by you of the provisions of
this agreement.
Release of Liability
In consideration of
my receipt of certain products for review and trial, on behalf of myself,
my heirs, executors, administrators and assignees, I hereby release and hold
harmless H.J. Kraft Heinz Company, L.P. and its parent, subsidiary, and
affiliated companies, and agencies involved in the product review
process (collectively “Kraft Heinz LP & Others”) from all liability and
responsibility for any and all claims, damages, losses and liabilities of any
nature whatsoever which I or any of the aforementioned parties may now or
hereafter be entitled to assert, including, but not limited to any death,
property damage, injury, loss of enjoyment or other harm or loss of any nature
whatsoever caused or arising out of my participation in the product review
process and/or tasting or trial of the products.
Jurisdiction
These Terms and
Conditions and any disputes arising under or related to these Terms and
Conditions (whether for breach of contract, tortious conduct or otherwise) will
be governed by the laws of the Pennsylvania without reference to its conflicts
of law principles. You agree to submit
to jurisdiction in Pennsylvania and further agree that any cause of action
arising under this Agreement may be brought in a court in Pittsburgh, Allegheny
County, and you hereby accept and submit to the personal jurisdiction of these
courts with respect to any legal actions, suits or proceedings arising out of
these Terms and Conditions. You also
waive to the fullest extent permitted by law any right to a trial by jury in
any action, suit or proceeding brought to enforce, defend or interpret any
right or remedies under, or arising in connection with or relating to, these
Terms and Conditions.