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DEL MONTE® INTERNATIONAL GMBH - TERMS OF USE

 

User’s Acknowledgment and Acceptance of Terms

 

ATTENTION: Please read these Terms of Use (“Terms”) carefully before using this web site. These Terms should be read alongside, and are in addition to, our privacy policy.

Using this web site (“Site”) indicates that you accept the terms of Del Monte International GmbH and their Affiliates. As used herein, our "Affiliates" include our affiliated companies, owners, subsidiaries, directors, officers, suppliers, sponsors, partners, and advertisers, and including but not limited to all parties involved in producing, creating, and/or delivering this Site and/or its contents.

This Site and various related services are owned and operated by Del Monte International GmbH, c/o Del Monte International GmbH (Monaco branch) 74 Boulevard D'Italie, Monte Carlo, Monaco 98000 (”DMI”, “We”, or “Us”). You, the user, agree to comply with all the conditions, terms, and notices contained or referenced in these Terms, as well as any other written agreement between you and DMI. Additionally, when using the materials or services on this Site, users shall comply with any posted rules applicable to such materials or services that may contain terms and conditions, in addition to those in these Terms. All such rules or guidelines are hereby incorporated by reference into these Terms.

 

IF YOU DO NOT ACCEPT THESE TERMS AND/OR ANY OTHER TERMS OF USE CONTAINED ON THIS WEBSITE, DO NOT USE THIS SITE. PLEASE EXIT THE SITENOW, IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PRODUCTS, CONTENT, SERVICES, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, YOUR REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING YOUR COMPLIANCE WITH THESE TERMS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE START OF YOUR USE OF THIS SITE.

 

Del Monte International GmbH (“DMI”) reserves the right, in its sole discretion, at any time, to change, delete, or add any provision in these Terms without notice to you. Nonetheless the effective date of these changes will be posted on the Site. DMI reserves the sole right to either modify or discontinue the Site, including but not limited to any of the Site features, at any time without notice to you. DMI will not be liable to you or any third party should we exercise this right. Any new features that enlarge or enhance the then-current services on this Site shall also be subject to these Terms.

By using this Site, you recognize and agree that it is your responsibility, from time to time, to review this Site and these Terms, and to familiarize yourself with any changes or modifications. Should you continue to use this Site after such modifications, you recognize and agree to the modified Terms and agree to be bound and abide by the modified Terms.

 

THESE TERMS ALONG WITH ANY OTHER TERMS OF USE ON THIS SITE, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DMI.

 

Rules of Conduct

You must be 12 years of age or older in order to use this Site.

IF YOU ARE NOT 12 YEARS OF AGE OR OLDER DO NOT USE THIS SITE WITHOUT PERMISSION OF YOUR PARENT OR GUARDIAN.

DMI will not contact any individual under 12 years of age nor will DMI collect their personal information. Should a minor need to be contacted, DMI will only contact the minor’s legal guardian.

By use of this Site, you agree to be subject to all applicable laws and regulations, including DMI’s standards; you are solely responsible for the substance you communicate through this Site. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Site or any content or services that may appear on the Site and may not impair in any way the integrity or operation of the Site, without limiting the generality of any other provision of these terms of use. By posting information in or otherwise using any communications service, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

a. is unlawful, abusive, threatening, cyber-bullying, harassing, libelous, defamatory, fraudulent, deceptive, tortious, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our policies or rules;

b. tampers with this Site or violates the Terms and/or general rules or guidelines of DMI;

c. contains minors in material that is violent, pornographic, obscene, illegal, inappropriate, racially or morally offensive, or that does not meet DMI’s standards for any reason, as determined by DMI in their sole discretion;

d. harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of gender, religion, sexual orientation, ethnicity, race, age, or disability;

e. infringes upon any trademark, patent, copyright, trade secret, right of publicity, or other proprietary right of any party;

f. constitutes unsolicited or unauthorized advertising, spam email, chain letters, any other type of unauthorized solicitation, or any type of lottery or gambling;

g. contains viruses or any other computer code, programs, or files that are created or intended to damage, disrupt, or limit the functioning of any hardware, software, or telecommunications equipment or to harm or obtain unauthorized access to any data or other information of any third party; or

h. impersonates any individual or entity, including any of our employees or representatives.

i. disparages in any manner DMI or its products and services, including, but not limited to, this Site.

We do not endorse and we do not assume any liability for the contents of any material submitted or uploaded by third party users of the Site. We and our agents have the sole right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise objectionable, harmful, or inaccurate. We are not liable nor shall we be responsible for any delay or failure in removing such content. You consent to such removal and waive any claim against us arising out of such removal of content.

Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that at any time, in our sole discretion, we may terminate your account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. You also acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

You acknowledge that this Site may link you to other sites on the Internet or otherwise include references to documents, information, software, services and/or materials provided by other parties. Some people may find some of the material or information on these sites offensive or inappropriate. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied. You should carefully review the Terms and Conditions and Privacy Policies of all off-web site pages and other pages that you decide to visit.

 

Site Submissions

It is DMI's policy NOT TO ACCEPT any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from outside the Company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept. Nevertheless, any ideas including stories, recipes, remarks, suggestions, ideas, graphics or any other information ("Submission"), excluding Personal Information (as defined in our Privacy Policy), that you communicate via this Site or any other vehicle become the property of DMI, without compensation, for exclusive use at DMI's sole and unlimited discretion.

By submitting the Submission and using this website, you grant DMI the nonexclusive, royalty-free, and irrevocable right to reproduce, use, copy, display, publish, distribute, translate, perform, adapt, modify, and otherwise exploit the Submission, as well as incorporate them in other works in any and all markets and media, whether now known or hereafter devised, worldwide in perpetuity.

DMI shall have no obligation to copy, display, publish, or otherwise exploit the Submission. You grant DMI the right to sublicense the rights and licenses set forth herein to third parties without further notice, permission, or compensation. You agree to indemnify DMI against any and all claims of infringement from any third party for any use by DMI of the Submission. In addition, You hereby assign and grant to DMI in perpetuity all rights of every kind whatsoever in perpetuity in and to the Submission provided to DMI hereunder, including, but not limited to, the worldwide, royalty-free right to encode, publicly distribute, store, exhibit, perform, transmit, license, display, copy, broadcast, and market the Submission and other information, except for personal information as detailed in our Privacy Policy, provided by you, in any media now known or hereinafter devised, including but not limited to the Internet, print publication, and the right to distribute the Submission to third party sites, in whole or in part through the Internet without compensation. Not limiting the foregoing, DMI shall have the right, at its sole discretion, (i) to maintain copies of the Submission to be made available for use and access by DMI, at any time and (ii) to edit any part of the Submission, at its discretion.

Notwithstanding, you acknowledge that DMI has the right but not the obligation to use, display or include any Submission and that DMI at any time and in their sole discretion may cease the display or use of any information pertaining to a particular Submission (or any portion thereof). You further agree to waive any and all rights that you may have, or may have had against DMI or any of its agents, affiliates, employees or shareholders in connection with or arising out of the Submission and further covenant not to pursue any claim, action or proceeding of any kind or nature whatsoever against DMI or any of its agents, employees affiliates, or shareholders in connection with, or arising out of, the Submission. By submitting the Submission, you further grant DMI the right to use your name, image, likeness, voice and biographic materials, as well as the Submission for advertising, publicity and promotional purposes including, but not limited to, online announcements and postings, without additional compensation, unless prohibited by law. You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any intellectual property rights or other rights arising out of the Submission to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

If you make a Submission, you represent and warrant that you own or otherwise control the rights (including intellectual property rights) to your Submission and that your Submission does not infringe any third party’s rights (including intellectual property rights).

You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for any loss or damage arising from, or in connection with, any third party claims relating to a Submission.

 

Copyright, Trademark, and Intellectual Property

For purposes of these Terms, "Content" is defined as any text, information, images, button icons, data, communications, photos, video, software, graphics, music, sounds, logos and the compilation thereof and other material and services that are available on our Site. This includes but is not limited to: recipes, videos, nutrition tips, and other original content.

By accepting these Terms and using this Site, you acknowledge and agree that all Content on this Site is protected by English and international copyright, trade marks, patents, service marks, or other proprietary rights and laws, and, as between you and us, is the sole legal and beneficial property of DMI and/or its Affiliates. You are only permitted to use the Content as expressly authorized by us or the specific content provider.

Except: (1) a single copy made for personal use only, provided that you maintain intact all copyright and other proprietary notices. You may not copy, modify, reproduce, republish, upload, transmit, post, or distribute any documents or information from this Site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.

Any unauthorized use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. Other than as expressly set out in point (1) above, any modification of the Content or any use of the Content for any other purpose is a violation of our copyright and other proprietary rights.

The use of any such material on any other web site or networked computer is strictly prohibited. Furthermore, any creation of any hyperlink to this Site without DMI's permission is not permitted. DMI may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such a request, you shall immediately remove such link. Neither we nor our Affiliates represent or warrant that your use of Content displayed on, or obtained through, this Site will not infringe the rights of third parties.

All documents published by DMI are provided "as is" WITHOUT WARRANTY OF ANY KIND, either expressed or implied. DMI shall not be liable for any typographical, pictorial, technical or other inaccuracies. DMI reserves the right at its sole discretion to make improvements or changes to any Content without notice.

The following are registered trademarks, trade marks or service marks of DMI or its Affiliates: The Del Monte® and any other trade marks, incorporating the Del Monte name, collectively referred to as the "Del Monte Marks", as well as any other marks on this web site or used or registered by DMI or its Affiliates from time to time anywhere in the world. [All custom graphics, logos, icons, and service names are registered trade marks, trade marks or service marks of DMI or its Affiliates]2. All other trade marks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any Del Monte Marks, and/or the name of DMI or its Affiliates without the prior written consent of the Del Monte Corporation or such third party which may own the Marks.

 

Limitation of Liability

Your use of this Site is at your sole risk. Use of this Site constitutes your agreement to defend, indemnify, and hold harmless DMI, their respective officers, directors, agents, respective parent companies, affiliates, and subsidiaries, from and against any and all claims, causes of action, liabilities, damages, losses, as well as costs and expenses (including legal fees) arising out of or resulting from your alleged violation and/or breach of these Terms, including misconduct or violations of law as a result of using this Site. DMI has the right, at any time, in its sole discretion, to defend itself against any claim, all negotiations for settlement, and you agree to cooperate with DMI in these defenses.

Furthermore in no event shall we or our Affiliates be liable to you or any third party for any punitive, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, but not limited to, those resulting from loss of use, data, income, goodwill or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or any web site referenced or linked to from this Site, whether caused by tort (including negligence), breach of contract or otherwise. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site and terminate this agreement.

In addition we shall not be liable in any way for third party goods and services offered through this Site or for assistance in conducting commercial transactions through this Site, including without limitation the processing of orders.

Nothing in these Terms of Use shall limit our liability for personal injury, death or fraud.

You agree to indemnify and hold DMI, its officers, agents, partners, shareholders, employees and agents harmless from any claim or demand, including reasonable legal fees, arising out of your content, your use of the applications on this Site, your violation of this notice, or your violation of any third party rights.

 

Warranties

ALL SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT

(A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS,

(B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE,

(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET

YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE. USE OF THIS SITE AND THE MATERIALS ON THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Site may represent the opinions of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized DMI spokesperson speaking in his/her official capacity.

You acknowledge that temporary interruptions of the services available through this Site may occur as normal events. You further acknowledge and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the deletion, timeliness, misdelivery, or failure to store any user communications or personalization settings.

 

Jurisdiction

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

DMI controls and operates this Site from its offices at 240 London Road, Staines, Middlesex, TW18 4JD, England. If any disputes arise between DMI regarding your use of this Site, such disputes shall be resolved according to English law and are subject to the exclusive jurisdiction of the courts of England and Wales3. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

Some software on this Site may be subject to export controls imposed by the United States, the UK or other jurisdictions and may not be downloaded or otherwise exported, directly or indirectly to (a) any country on which the United States, the UK or any other jurisdiction has placed an embargo and (b) anyone on the United States Treasury Department's Specially Designated Nationals list, or the United States Commerce Department's Table of Denial Orders, or otherwise in breach of applicable laws and regulations. If you download any software from this Site, you represent and warrant that you are not located in, or under the control of, a national of any such country on any of the above restricted lists.

 

Miscellaneous

These Terms, which include our Privacy Policy, constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be supplemented, altered, or amended by the use of any other document(s). Any attempt to supplement, alter, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Your rights and obligations under these Terms may not be assigned to any party, and any attempt to do so is null and void. We may freely assign our rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NOTE: The contents of this Site are for informational purposes only and are not intended to be a substitute for professional advice. Always seek the advice of your physician or other qualified health provider prior to beginning a new physical routine or diet. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Please contact our Site administrator should you have any questions or comments about this Site at fbeurope@freshdelmonte.com.

 

 

These Terms are Effective as of January 1, 2012.

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