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Website Term of Use
Access to and use of this website (the "Website") is subject to
the following terms and conditions (the "Terms of Use") which by
accessing and browsing this Website you, the user, accept without
limitation. If you do not agree with these Terms of Use,
your sole recourse is to leave the Website immediately.
Ownership
This Website is owned and operated by Cadbury
Beverages Canada Inc. ("Cadbury"). All works (including but not limited to data,
graphics, photographs, text, images, audio, video, trade-marks,
service marks, trade names and other information) (collectively,
the "Content") contained in this Website are owned by Cadbury,
its parent company, subsidiaries or affiliates, and/or their respective
licensors.
Restrictions on Use
Any and all Content contained in this Website may not be copied,
distributed, displayed, reproduced, transmitted, used to create
derivative works, published, posted, transferred, sold or modified
by any means, including electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission of Cadbury or
the applicable licensor(s), except for personal or internal use.
Use of third parties' likenesses, names and/or properties is prohibited
without express written permission from such third parties.
Links
The information on this Website
is for entertainment purposes only. A link to a third party website
does not constitute endorsement of that website or of any products,
services or other materials on that website. Cadbury disclaims any representations and
warranties, express or implied, in connection with the contents
or use of that third party website. Cadbury does not assume
any liability or responsibility whatsoever for their contents. You
should review the privacy policies and terms of use of third party
websites, as Cadbury is not responsible for them.
Interactive Content and User Conduct
Cadbury may from time to time
monitor or review postings, transmissions, and the like on this
Website. However, Cadbury does not
have any obligation to do so and assumes no responsibility or liability
arising from any contents or viruses transmitted through such activity. Postings
or transmitting any virus, or any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, indecent
or profane material or any material that could constitute or encourage
a violation of any law, is prohibited. Cadbury reserves
the right to edit or remove such materials or viruses.
Any postings or other transmissions to this Website
will be deemed as non-confidential and an implied license will
be deemed to have been granted to Cadbury, its parent company,
subsidiaries and affiliates to use such postings or transmissions.
Any personal information contained in a posting or transmission
will be collected, used and disclosed by Cadbury in accordance
with Cadbury's Privacy Policy.
As a condition of your continued access to
and use of this Website, you agree to abide by the Terms of Use
and all applicable federal, provincial, territorial and other
laws and regulations.
Disclaimer
Cadbury makes efforts to ensure
that the contents of this Website that are posted by Cadbury
are reliable, but inaccuracies may occur from time to time. Cadbury
disclaims any representations and warranties, express or implied,
in connection with the contents or use of this Website.
Limitation of Liability
Cadbury shall not be liable for any direct, indirect, special,
incidental or consequential damages, whether in contract (including
fundamental breach), tort (including negligence) or otherwise,
that may arise as a result of the use of, or any information contained
on, this Website or for any faulty electronic data submission,
equipment failure or other online communication problems, including
download problems and viruses.
Indemnification
By using or making any submissions
to this Website, you agree to indemnify, defend and hold harmless
Cadbury, its parent, subsidiaries and affiliates and Cadbury's
promotional partners from all damages, costs and expenses, including
reasonable lawyer's fees and costs arising out of all claims,
challenges or actions related to your use or submissions, including,
without limitation, claims for infringement of intellectual property
rights, libel, defamation or any breach of these Terms of Use. You agree to use best efforts to
cooperate with Cadbury in the defence of any claim. Cadbury
reserves the right, at your expense, to assume the exclusive defence
and control of any matter otherwise subject to indemnification
by you.
Changes and Termination
Cadbury reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Website or any part thereof without notice. Further, Cadbury reserves
the right to change these Terms of Use at any time and to notify
you by posting an updated version of the Terms of Use on this Website. You
are responsible for regularly reviewing the Terms of Use. Continued
use of the Website after any such changes shall constitute your
consent to be bound by such changes, with continued provision of
the use of the Website constituting consideration from Cadbury
to you for being so bound.
Privacy
Cadbury respects your right
to privacy of your personal information. Please
review our Privacy Policy for details on the
manner in which we collect, use, disclose and otherwise manage
your personal information.
Governing Law
These Terms of Use shall be
governed by and construed in accordance with the laws of Ontario
and Canada applicable therein. Any
legal action concerning these Terms of Use must be brought within
one (1) year after the claim or cause of action arises and must
be brought in the Province of Ontario.
If you have any questions or comments regarding
this Website, please contact us at: 1-800-263-1425 or e-mail us
at consumer.relations@brandspeoplelove.com
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