Terms of Use

COMPANY: Kraft Foods Australia Pty Ltd (formerly Cadbury Pty Ltd) (the “Company” or “we”)
A.C.N. 004 551 473
COMPANY LOCATION: Level 6, South Wharf Tower, 30 Convention Centre Place, South Wharf, Victoria 3006, Australia
JURISDICTION: State of Victoria, Australia
CONTACT US:
Mail: Consumer Services, PO Box 200, Ringwood VIC 3134
Telephone Toll free: 1800 250 260 Email:  click here

CONDITIONAL USE OF THE SITE.   Your access to and use of the website and its contents (the "Site") is subject to the terms and conditions of these Terms of Use ("Terms of Use" or "Terms"), and all applicable laws.   By accessing and using the site, you (the "User" or "you") accept and agree to these without any limitation or qualification.

PRIVACY POLICY.   We respect concerns about the privacy of your personal information.  Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

GENERAL RESTRICTIONS.

* You may use the site for your own personal, non-commercial informational or entertainment purposes only.
* You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
* You may not use any third parties' likenesses, names, and/or properties without their express permission.
* You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
* We may review, edit or delete materials you or others send to the site, but are not obligated to do so.
* We may cancel any registration(s) or account(s) on the site at any time or remove from the Site any content you have sent to or posted on the Site, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND.  Subject to the application of our Privacy Policy, any material you send to the site will be deemed non-confidential and non-proprietary.   This includes any data, questions, comments, suggestions, ideas or other information, material or property.    We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting.

WAIVER.  We try to make the Site and its contents reliable, but inaccuracies may occur.   Therefore, regardless of anything else on the Site or in these Terms:

•        USE OF 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 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; OR
*        ANY OTHER MATTER REGARDING THE SITE AND YOUR USE OF IT.

INDEMNIFICATION:

BY USING THE 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 RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE OR YOUR USE OF THE SITE;

    * ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;

    * YOUR BREACH OF ANY PROVISION OF THESE TERMS;

    * ANY OTHER MATTER REGARDING THE SITE AND YOUR USE OF IT.

You agree to use best efforts to cooperate with us in the defence of any such matter.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

OTHER SITES.  The 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 the site and read the privacy policies and terms of these other sites.  You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY.   We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to the site) ("Content Owner") own or license from third parties all Site Content.  All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws.  Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

CHANGES. Please note that we may change information on the site and or 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.

TERMS AND CONDITIONS FOR RINGTONES: You must read these Terms and Conditions before you download the Eyebrows ringtone. By downloading the Eyebrows ringtone you accept these terms and conditions.

About the Ringtone

Limited availability ending on the earlier of 1) recorded download requests from www.aglassandahalffullproductions.com.au reaching 25,000 or 2) 19th April 2010.

To request the Eyebrows Ringtone download you require internet access from your mobile device or computer. To the fully extent permitted by law we exclude all liability in relation to the provision of the Ringtone to you. In particular we accept no liability for any adverse effect on your mobile device or your computer linked to your downloading of the Ringtone. We do not guarantee the compatibility of your mobile device with the Ringtone.

Licence: The Ringtone and all related intellectual property rights are owned by or licensed to us. We grant you a limited, non exclusive, non transferable, revocable licence to download and use the Ringtone on a mobile device for your personal, non-commercial use only. You may not copy, transfer, modify or otherwise deal with or use the Ringtone other than as permitted by these terms and conditions.

Charges: Standard operator, Internet Service Provider and data transfer charges apply, Check your operator for its terms and conditions.

TERMS AND CONDITIONS FOR Wallpapers and screensavers

You must read these Terms and Conditions before you download the wallpapers and/ or screensavers from the website. By downloading the wallpapers and/ or screensavers from the website you accept these terms and conditions.

To download the wallpapers and/ or screensavers you require internet access from your mobile device or computer. To the fully extent permitted by law we exclude all liability in relation to the provision of the wallpapers and/ or screensavers to you. In particular we accept no liability for any adverse affect on your mobile or your computer device linked to your downloading of the wallpapers and/ or screensavers. We do not guarantee the compatibility of your mobile device or your computer with the wallpapers and/ or screensavers.

Licence: The wallpapers, screensavers and all related intellectual property rights are owned by or licensed to us. We grant you a limited, non exclusive, non transferable, revocable licence to download and use the wallpapers and/ or screensavers on a mobile device and on a computer for your personal, non-commercial use only. You may not copy, transfer, modify or otherwise deal with or use the wallpapers other than as permitted by these terms and conditions.

Charges: Standard operator, Internet Service Provider and data transfer charges apply, Check your operator for its terms and conditions.

TERMS AND CONDITIONS FOR 'EYEBROW ME'
You must read these Terms and Conditions before you upload a photograph to the 'Eyebrow Me!' application. By uploading photographs to the 'Eyebrow Me!' application you accept these terms and conditions in addition to the general terms of use and privacy policy, and acknowledge that:

•  you are over 14 years of age;

• you own the copyright in all photographs you upload to the Eyebrow Me! application;

• the photographs you upload to the Eyebrow Me! application do not include anything which is unlawful, illegal, violent, pornographic or defamatory, or which intrudes on the privacy of any other person in any way;

• any title which you give your video will not include anything that is unlawful, illegal, violent, pornographic or defamatory, or which intrudes on the privacy of any other person in any way;

• if the photographs contain the image of a child under 15 years of age, you have obtained consent from the parent of the child to use the child’s image in the Eyebrow Me! application;

• we can use photographs that you upload using the ‘Eyebrow Me’ application in any way we wish, including publishing them via any media (including TV and the internet) and licensing other people to use them on our behalf, without requiring us to make any payment to you;

• you consent to us doing things with your photographs which, but for that consent, would infringe your moral rights including displaying the photographs without identifying you, and reproducing, modifying, adapting or altering the photographs in any way we see fit.

We reserve the right not to make your Eyebrow Me! video available on the Site or to  the friends you have elected to share it with, and to remove or alter it in our absolute discretion.  There may be a delay of up to 60 hours between the time you submit your Eyebrow Me! video to the Site gallery or elect to share it with your friends and the time is it available.

OTHER

Severability.  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.

Definitions/Interpretation.  As used herein:
“Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
“including” means “including, but not limited to”.
“materials sent to the Site” (and “materials you send to the Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.
“Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
“Site Developer” means any party involved in creating, producing, delivering or maintaining the Site.
“use of the site” (and “using” and other like terms) means “any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.”