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Updated: April, 2016

TERMS OF USE (CANADA)

 

Your Acceptance of these Terms of Use

 

Please read these terms of use carefully before using this website as they represent a binding agreement between each user of our website (“you”, “your’) and Kellogg Canada Inc. (referred to as “Kellogg”, “we”, “us”, or “our”).

 

If you wish to access and use the website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.

 

You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

 

These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at:  http://www.kelloggs.ca/en_CA/legal-notices.html

 

Use of Our Website

 

The website is only intended for access and use by users located within Canada.

 

Kellogg grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal use and in compliance with applicable law. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.

 

Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Kellogg is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the website for any reason.

 

All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.

 

Trademark and Copyright Information

 

The brand names, slogans, characters and other trademarks, as well as the package designs of all Kellogg’s® products and promotions belong exclusively to Kellogg Company and/or its affiliates, and are protected from copying and simulation under national and international trademark and copyright laws and treaties throughout the world.

 

Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kellogg.

 

You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Kellogg, and agree to abide by any and all copyright notices displayed on our website.

 

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.

 

Although Kellogg does not claim ownership of content that its users post, by posting content to any area of our website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Kellogg an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our website or otherwise.

 

Your Privacy

 

We respect your right to privacy. All information that we may collect via the website is subject to our privacy statement, which is accessible at: http://www.kelloggs.ca/en_CA/privacy-policy.html

 

Your Conduct

 

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

  1. is unlawful;
  2. includes personal or identifying information about another person without that person’s explicit consent;
  3. impersonates any person or entity, including, but not limited to, a Kellogg employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. is harmful, threatening, abusive, harassing, defamatory, pornographic;
  6. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  7. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or
  10. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website.

 

You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Kellogg or any other person may incur as a result of your submission of any information on or through this website.

 

Kellogg reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these terms of use.

 

Infringement Claims

 

If any content posted on Kellogg’s website infringes on your copyright, please notify our designated agent as follows:

  • by mail at Kellogg Canada Inc., 5350 Creekbank Rd., Mississauga, Ontario, L4W 5S1; or
  • by email, using the email mechanism on the Contact Us page
  •  

    Kellogg investigates notices of alleged infringement and takes appropriate actions under applicable law.

     

    Your notice of claimed infringement must include: (a) physical or electronic signature of the copyright owner of authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the site, as well as information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and lawyer’s fees.

     

    Membership Account

     

    Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to Kellogg that: (a) all information provided by you to Kellogg during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of use.

     

    As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. 

     

    You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our website. 

     

    You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account.

     

    Professional Information Disclaimer

     

    This website may make available, reference or link to certain information related to professional fields including, without limitation, medicine and other health and fitness related matters. This information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of this information does not replace consultations with a qualified medical or other relevant professional. In addition, this professional information changes rapidly and therefore, some of it may be out of date.

     

    You agree that all risk associated with the use of, or reliance on, any of this professional information rests with you. You further agree that Kellogg, including its respective suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such professional information.

     

    Disclaimer Regarding Third Party Content

     

    This website may offer access to third party websites and content available over the Internet. Kellogg generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Kellogg of such content. You further agree that Kellogg shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.

     

    Disclaimer of Warranties and Liability

     

    THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

     

    Kellogg does not warrant the accuracy or completeness of the Content. Kellogg and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or this website. Kellogg may make changes to this Website, or to the products described therein, at any time without notice. Kellogg makes no commitment to update the information contained herein.

     

    Indemnity

     

    You agree to indemnify and hold Kellogg and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.

     

    Offers

     

    All offers made on our website are void where prohibited, and are subject to posted rules pertaining to such offers.

     

    Unsolicited Submissions

     

    If you submit ideas, drawings, recipes, suggestions, comments, or similar information to Kellogg, whether through our website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your submissions. You agree that the content of your submissions will immediately become the property of Kellogg. You also recognize that your submissions may be used or developed by or on behalf of Kellogg or its affiliates without any obligation to you.

     

    General Matters

     

    These terms of use constitute the entire agreement between you and Kellogg regarding your use of our website, superseding any prior agreements between you and Kellogg. These terms of use and the relationship between you and Kellogg shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Kellogg agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Kellogg to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect.