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Domino® FOODS, INC.
LEGAL NOTICE AND PRIVACY POLICY
Legal Notice
This Web site is owned and provided by Domino® FOODS, INC. This site is for your
personal and non-commercial use.
Your access to and use of this site, or any other Web site owned or provided by
Domino® Foods, Inc. and/or any of its related, affiliated, or subsidiary
companies (together ("Domino® Sugar") is subject to the following
terms and conditions enumerated below ("Terms and Conditions") and
all applicable laws. By accessing and browsing this site or any other Web site
owned or provided by Domino® Sugar, you automatically accept, without limitation
or qualification, the Terms and Conditions.
PLEASE READ the important Terms and Conditions below if you are planning to
copy, download, forward, store, or reuse any of the information on this site.
If you are using this site for more than your own personal information,
education or enjoyment, you could be violating the law.
Terms and Conditions
1. Submission:
All remarks, suggestions, ideas, graphics or other information communicated to
Domino® Sugar through this site will become the property of Domino® Sugar, even
if this agreement is later terminated. Domino® Sugar shall have no obligation to
treat any submission as confidential and will not be liable for any ideas for
its businesses, including but not limited to product or advertising ideas, and
will not incur any liability as a result of any similarities that may appear in
future Domino® Sugar operations. Domino® Sugar retains exclusive ownership of all
present and future rights to submissions of every kind and will be entitled to
use any submission for any commercial or other purpose whatsoever without
compensating you or any other person sending the submission. You acknowledge
that you are responsible for any submission you make and that you, and not
Domino® Sugar, have full responsibility for the message, including its legality,
reliability, appropriateness, originality, copyright and non-infringement.
2. Intellectual Property:
All material from the site, and from any other Web site owned, operated,
licensed or controlled by Domino® Sugar, may not be copied, distributed or
republished, displayed, licensed, sold, modified, reused, uploaded, posted or
transmitted in any way, without the prior written consent of Domino® Sugar
except as provided below. You may download one copy of the material on one
computer for your personal, non-commercial home use only, provided you do not
delete or change any copyright, trademark or other proprietary notices
contained on the materials. Modification or use of materials for any other
purpose violates Domino® Sugars' intellectual property rights. Software
downloaded, including the files and images incorporated in or generated by the
software and all accompanying data, is licensed to you for your personal,
non-commercial use and may not be redistributed, sold, reverse-engineered,
disassembled or otherwise converted to any other form.
3. Links:
The site may contain links allowing you to leave this site for other sites that
are not under the control of Domino® Sugar. Domino® Sugar is not endorsing any
such linked sites. Domino® Sugar is not responsible for the content or
transmission of any linked site or any link contained in a linked site. Domino®
Sugar shall not be liable for any damages or injury arising from access to, or
use of, such sites.
4. Disclaimer:
Your use of, and browsing on, this site or other Domino® Sugar Web sites are at
your own risk. WHILE Domino® SUGAR USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP TO DATE INFORMATION ON THIS SITE, Domino® SUGAR MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO ITS ACCURACY. THE MATERIALS ON THIS SITE ARE PROVIDED AS
IS, WITHOUT WARRANTY OF ANY KIND. Domino® SUGAR ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Domino®
SUGAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Domino® SUGAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
TITLE, NONINFRINGEMENT, THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, LEVEL OF QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, RELIABILITY, EVEN IF ANY INSTRUCTIONS, DIRECTIONS OR
RECIPES ARE PROPERLY FOLLOWED, OR OTHERWISE.
5. Limitation of Liability:
YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION TO YOUR SYSTEM RESULTING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR
USE OF THIS SITE. Domino® SUGAR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, COMPENSATORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR
INJURY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR
THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, OR ANY SITE TO
WHICH YOU HYPERLINK FROM THIS SITE, EVEN IF THERE IS NEGLIGENCE ON Domino®
SUGAR'S PART OR IF AN AUTHORIZED REPRESENTATIVE OR AGENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR BOTH. Applicable law may not allow the
limitation or exclusion of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you. Domino® SUGAR'S TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, OR CLAIMS
OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT OR
THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY
ARE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID TO ACCESS THIS SITE.
6. Applicable Law:
These Terms and Conditions and the agreement they create shall be governed by,
and constructed in accordance with, the laws of the State of New York, without
giving effect to the principles of conflicts of law thereof. You agree that
jurisdiction over and venue in any legal proceedings arising out of or related
to this site OR OTHER Domino® Sugar Web sites shall be in the state or Federal
courts of Nassau County, New York. If any provision of this agreement is
unlawful, void or unenforceable, that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties relating
to the subject matter herein. Domino® Sugar may modify these Terms and
Conditions, without notice, at any time by updating this posting.
7. Term:
This agreement is effective until terminated by either party. You may terminate
the agreement at any time by destroying all materials obtained from all Domino®
Sugar sites, along with all related documentation and all copies and
installations (together, the "Materials"). Domino® Sugar may terminate
the agreement at any time without notice to you if, in its sole judgment, you
breach any term or condition of this agreement, at which time you must destroy
all Materials. Domino® Sugar reserves the right to terminate all or part of the
site at any time, without notice to you.
8. Maintenance of Accurate Information:
Domino® Sugar provides information to the public through this site. Every effort
is made to ensure the information is correct and timely. If any information is
found to be incorrect, please email us at info@dominosugar.com. When notified
of incorrect information, Domino® Sugar strives to make the necessary
corrections in a prompt, timely fashion. Domino® Sugar will investigate the
problem, and if appropriate, update the information.
9. Jurisdiction:
Unless otherwise specified, the materials in this site are presented solely for
the purpose of promoting programs available in the United States, its
territories, possessions and protectorates. Domino® Sugar makes no
representation that the materials in the site are appropriate or available for
use in other locations. If you access the site from locations other than the
United States, you are responsible for compliance with any applicable local
laws.
10. How to Contact Us:
If you have any questions or concerns about this Legal Notice, Privacy Policy,
or your dealings with this Web site, please Contact Us.
Privacy Policy
Domino® Sugar recognizes that many consumers who visit its Web sites are
concerned about any information they provide on-line and how such information
is maintained and used. To address these concerns and to demonstrate Domino®
Sugar's commitment to privacy, especially for children who visit its sites,
Domino® Sugar has developed and implemented this Privacy Policy. As this policy
may change from time to time, you are encouraged to periodically check it.
1. Information Collection and Use:
Domino® Sugar only collects personally identifiable information on a voluntary
basis. It does not require that you provide this information to gain access to
its sites and does not require you to disclose more information than is
reasonably needed to participate in an activity on its sites. Domino® Sugar
collects personally identifiable information primarily to e-mail updates and
news, for entry into promotions and to notify subsequent winners, to send out
brochures, etc. via regular mail to subscribers, and to respond to your
questions or suggestions. It does not transfer or disclose any information it
gathers at this site to anyone outside of Domino® Sugar without your prior
consent, except In cases where it believes in good faith that it has a legal
obligation to disclose such information, and to certain suppliers that assist
Domino® Sugar in maintaining and managing the activities on its Web sites,
including, for example, fulfillment of prizes awarded in connection with an
online game. Please be assured that these suppliers are legally obligated to
maintain the confidentiality of this information and do not acquire any rights
to use your information for their own benefit. Domino® Sugar may share
non-identifiable aggregate information about site users (for example, the % of
male and female visitors to its sites) with advertisers, business partners,
sponsors, and other third parties in an effort to customize or enhance the
content and advertising on its sites for its users.
Domino® Sugar reserves the right, in connection with the potential sale or
transfer of the interests of Domino® Sugar, to sell or transfer your information
(including but not limited to your address, name, age, gender, zip code, state,
and country of residency and other information that you provide through other
communications) to a third party entity that concentrates its business in a
similar practice or service, agrees to be Domino® Sugar's successor in interest
with regard to the maintenance and protection of the information collected, and
agrees to the obligations of this privacy policy.
2. Usage Data:
You should be aware that when you visit this site, Domino® Sugar collects
certain information that does not identify you personally, but provides it with
"usage data". Domino® Sugar uses this information to create summary
statistics and to determine the level of interest in information available on
this site. Such non-identifying information includes: domain name (i.e.
"aol.com" if you are using America Online), date and time this site
was accessed, city and state where your domain name is registered, any keywords
you may have used in a search engine to find Domino® Sugar, the browser used to
find Domino® Sugar, and the Internet address of the Web site from which you
linked directly to the site.
3. Promotions:
Domino® Sugar sites frequently include notices for contests and sweepstakes
being conducted. For those contests and sweepstakes where you are permitted to
enter electronically, Domino® Sugar will use the information that you provide
only for the purposes of conducting the promotion (e.g., to contact you if you
are a winner). Domino® Sugar does not share this information with anyone outside
of Domino® Sugar except for suppliers who assist it in conducting the promotion
and who are legally obligated to maintain the confidentiality of any
information Domino® Sugar provides to them.
4. Children and Privacy:
In communicating directly with children over the Internet, Domino® Sugar
recognizes the unique issues raised about the protection of their privacy.
Domino® Sugar Web sites that appeal to children, such as www.dominoland.com ,
are designed to comply with the requirements of the Children's Online Privacy
Protection Act (COPPA) and Children's Advertising Review Unit (CARU) guidelines
for Web sites gathering personally identifiable information from children under
13. Consistent with these requirements and guidelines, Domino® Sugar does NOT:
collect, use or disclose online contact information from children except in
connection with online promotions, discussed more fully below. Without prior
parental consent, such online contact information will only be used to respond
directly to the child's request and will not be used for other purposes. Domino®
Sugar also does NOT: collect personally identifiable offline contact
information unless for purposes of awarding prizes and only then with prior
parental consent, distribute to third parties any personally identifiable
information without prior parental consent, enable children to publicly post or
otherwise distribute personally identifiable contact information without prior
parental consent, or entice children by the prospect of a special game, prize
or other activity, to divulge more information than is needed to participate in
the activity.
Domino® Sugar does offer promotions (e.g., contests, sweepstakes) on its Web
sites that appeal to children. In those cases where children under the age of
13 are allowed to participate, the child is instructed to first obtain his/her
parent's or legal guardian's consent to participate and to enter the e-mail
address of his/her parent or guardian. If the game or contest involves the
posting of screen names of the high scorers, Domino® Sugar only allows high
scorers who are under 13 to select a generic screen name from a list that has
been developed in advance so as to prevent the disclosure of any personally
identifiable information. If a child under 13 is selected as a prize-winner, an
e-mail is sent to the parent or guardian. This e-mail contains a form that
requests the child's complete name and address and a parental permission form.
For the child to receive the prize, the parent or guardian must first fill out
and sign the form and then mail or fax it to the address or number indicated on
the form. Domino® Sugar does not use the information collected on the form for
any purpose other than the completion of the promotion and does not share the
information with anyone outside of Domino® Sugar (other than suppliers, as
explained above) unless it has explicitly advised parents to the contrary in
the parental notice.
Domino® Sugar may permit a child to send it an e-mail or send an e-mail to a
friend through its sites. Domino® Sugar will respond to or deliver the e-mail,
as the case may be, but it does not store the names, addresses, or the e-mails
in its operational database, nor does it share this information with any third
parties.
As a parent, you can always ask to review any personal information about your
child that has been collected at one of Domino® Sugar's sites, have it delete
this information (if Domino® Sugar still has the information in its databases),
and/or instruct it not to collect or use your child's information in the
future. If you are a parent and wish to exercise this right, simply
Contact Us.
5. Cookies:
Like most commercial Web sites, some areas of this Web site may also use what
is known as "cookie" technology. A "cookie" is a
non-executable element of data that a Web site can send to your browser when
you link to that site. By assigning a unique data element to each visitor, the
Web site is then able to recognize repeat users, track usage patterns and
better serve you when you return to that site. The "cookie" does not
extract personal information about you. Most browsers provide a simple
procedure that will enable you to control whether you want to receive cookies
by notifying you when a Web site is about to deposit a cookie.
6. Security of Information Provided:
Domino® Sugar employs appropriate security measures to protect the loss, misuse
and alteration of the information under our control. For certain areas of the
site, Secure Sockets Layer (SSL) software is employed, which encrypts
information you input, as an additional security measure. However, as no
on-line data transmission can be guaranteed to be totally secure, Domino® Sugar
(like all Web sites) cannot warrant or guarantee 100% security of any
information you transmit to its Web sites.
If you select a user name and password, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. Domino® Sugar reserve the right to refuse
service, terminate accounts, and to remove or edit content, in its sole
discretion.
7. Permission and Control:
Domino® Sugar sites provide you the opportunity to opt-in to receive
communications as described at each opt-in opportunity. Further, when you
receive the requested communication, you are given the opportunity to
unsubscribe from receiving any future communications or to change your
information.
You can always ask to review any personal information that Domino® Sugar may
have collected from you at one of its web sites, have it update, correct or
delete this information (if Domino® Sugar still has the information in its
databases), and/or instruct Domino® Sugar not to use this information in the
future. If you wish to exercise this right, simply Contact
Us.
8. Links to Other Sites:
Domino® Sugar does its best to make sure that every link on its Web sites sends
you and/or your child to a safe place on the Internet. However, Web sites and
addresses change quickly, and Domino® Sugar can not and does not guarantee the
content or privacy practices of every site for which it pwish to exercise this right, simply Contact
Us.
8. Links to Other Sites:
Domino® Sugar does its best to make sure that every link on its Web sites
sends you and/or your child to a safe place on the Internet. However,
Web sites and addresses change quickly, and Domino® Sugar can not and does
not guarantee the content or privacy practices of every site for which
it provides a link.
© Copyright 2003 Domino® Foods, Inc. All rights reserved.
Domino® SUGAR, BROWNULATED®, and DOTS® SUGAR CUBES, are the
registered trademark of Domino® FOODS, INC. or its affiliates. Other products
and the brand names shown in distinctive type on this site are trademarks
of Domino® FOODS, INC. or its affiliates.
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