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DOMINO FOODS, INC.
LEGAL NOTICE AND PRIVACY POLICY
(Effective Date September 1, 2010)

 

DOMINO FOODS, INC.
LEGAL NOTICE
(Effective Date September 1, 2010)

Introduction

Thank for visiting this Website owned and provided by Domino Foods, Inc. Your access to, and use of this site, or any other Website (each a "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 the Site, you automatically accept, without limitation or qualification, these Terms and Conditions. Please read these important Terms and Conditions below. If you are using this Site for more than your own personal information, education or enjoyment, you could be violating the law.

Submissions

Subject to the exceptions regarding certain personal information set forth in the Privacy Policy located on this Site, all remarks, suggestions, ideas, graphics, materials or other information that you submit to Domino Sugar, by email, download, or otherwise ("Submissions") is non-confidential and we are free to use and reproduce such Submission for any purpose. Domino Sugar shall retain 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 any obligation to compensate you or any other person sending the Submission. You warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use and that Domino Sugar’s use of the Submission will not violate any third party’s rights. You acknowledge and agree 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.

Postings

Although Domino Sugar may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site ("Postings"), we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on this Site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Domino Sugar will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Domino Sugar may remove Postings at any time, and for any reason.

Intellectual Property

All material from this Site 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 only download material displayed and identified on the Site as specifically available for downloading and provided you do not delete or change any copyright, trademark or other proprietary notices contained on the materials. Such material is for non-commercial, personal use only. You may not distribute, modify, transmit, reuse repost or use the content of the Site for public or commercial purposes, including text, images, audio and video, without Domino Sugar’s written permission. Modification or use of materials for any other purpose violates our 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. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Linking

The Site may contain links allowing you to leave this Site for other sites that are not under the control of Domino Sugar. We have not reviewed all the websites linked to this Site and are not responsible for the content of any other websites linked to this Site. Your linking to any other website is at your own risk, and Domino Sugar shall not be liable for any damages or injury arising from access to, or use of, such sites. Please be mindful of this as you link to other outside websites.

Domino Sugar does not object to links to our Site from third-party websites; however, any person or entity linking to our Site must strictly abide by the following rules: (1) unless we have a written agreement with you, you may not use any of Domino Sugar’s trademarks, logos or slogans in or with your links; (2) do not present the link to this Site in any way that suggests Domino Sugar has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with us to do so; (3) you may link to this Site using the plain text name of this Site; (4) link only to the home page of this Site; (5) do not, without Domino Sugar’s written permission: (a) incorporate any content from this Site into your Website (e.g., by in-lining or framing) or (b) use any Domino Sugar names, trademarks, slogans, or any other words or codes identifying Domino Sugar Site in any "metatag". We will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Domino Sugar and its products. Domino Sugar reserves the right to cancel permission to link at any time, for any reason.

Trademarks

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this Site belong to Domino Sugar or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Domino Sugar will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Copyright Complaints (DMCA policy)

Domino Sugar, at its discretion, may suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;

Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your notice to:

Domino Foods Inc.
Attn: Legal Department
One North Clematis Street, Suite 200
West Palm Beach, FL 33401

As there can be penalties for false claims, we urge you to consult with your legal advisor before filing a notice or counter-notice.

Disclaimer

Your use of, and browsing on, this Site is at your own risk. Domino Sugar assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site. Domino Sugar makes no warranties or representations as to the accuracy of anything contained on the Site. Without limiting the foregoing, EVERYTHING PROVIDED TO YOU ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DOMINO SUGAR OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOMINO SUGAR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOMINO SUGAR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Indemnification

If you elect to register on our Site and 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. Further, you agree to defend, indemnify and hold harmless Domino Sugar and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.

General

This Site is intended for residents of the United States only. 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. These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of Domino Sugar to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit Domino Sugar's rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.

How to Contact Us

If you have any questions or concerns about these Terms and Conditions or your dealings with this Site, please Contact Us.

© Copyright 2010 Domino Foods, Inc. All rights reserved.


 

 

DOMINO FOODS, INC.
PRIVACY POLICY
(Effective Date September 1, 2010)


Introduction

Thank you for visiting this website owned and provided by Domino Foods, Inc. Your access to, and use of this site, or any other website (each a “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 terms and conditions contained in the Legal Notice located on this Site. We encourage you to read the Legal Notice and this Privacy Policy before you provide Domino Sugar any information.
Our Privacy Policy

Domino Sugar recognizes that many who visit our Site 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, Domino Sugar has developed and implemented this privacy policy (the “Privacy Policy"). Any information you provide us through this Site will be treated in accordance with this Privacy Policy. This Site is intended for residents of the United States only and this Privacy Policy is only intended to meet the laws and requirements of the United States. These laws may not necessarily be consistent with the laws and regulations of your home country.

By using this Site, you agree to accept the practices described in this Privacy Policy. If you do not agree with these practices, please do not use this Site.

Changes to the Privacy Policy

From time to time, we may make changes to our Privacy Policy. If we do make changes, the changes will be posted on this page, and we will indicate at the top of this Privacy Policy when the changes went into effect. We encourage you to come back to this Site and review this Privacy Policy frequently so that you are constantly aware of our most current privacy practices.

As to previously collected personal information, in the event we want to materially change how we use such information, we will notify you by email or other forms of communication and may give you a choice to consent to or opt-out from the desired changes. Your inaction or continued use of this Site after any such notification, or your explicit consent to any changes for which we require your prior approval, will signify your agreement with these changes.

Information Collection and Use

Domino Sugar does not require that you provide any information to browse our Site. If you wish to participate in many of the services and opportunities our Site may offer, we may ask you to provide certain personal, demographic or login information. Personal information refers to any information that can be used to personally identify you or contact you online or offline, such as your name, address, email address, and phone number. Demographic information includes any non-identifiable information about you or your family, such as your gender, birthdates, product preferences, and other related information. Login information refers to information you create or set up when registering for an account through our Site (such as a username, password, and/or security question and answer). Login information allows you to access and update your online account information and preferences through our Site.

Personal, demographic and/or login information is only collected from you with your knowledge (that is, if you voluntarily provide it to us). We collect this 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. We may transfer or disclose personal information to certain outside companies, agents, or contractors (“vendors”) that assist Domino Sugar in maintaining and managing the activities on our Site, including, for example, fulfillment of prizes awarded in connection with an online game. These vendors are only given access to the information they need in order to perform the specific tasks they have been hired to do and are prohibited from using your personal information for any other purpose.

Domino Sugar may also collect usage information created for your use of the Site. Usage information includes domain name (for examples, “aol.com” if you are using America Online), date and time you accessed this Site, 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 website from which you linked directly to the Site. Domino Sugar uses this information to create summary statistics and to determine the level of interest in information available on this Site. Domino may share non-identifiable, aggregate demographic or usage information about the Site and its users with advertisers, business partners, sponsors, and other third parties in an effort to customize or enhance the content and advertising on our Site for our users.

We may also share personal, demographic, login, and usage information with certain affiliates of Domino Sugar. Doing this allows us to introduce you to products and services offered by our affiliate companies. It also enables us and our affiliates to gain a better understanding of who our consumers are across the country, so we can improve and target our products accordingly.

Legal and Business Transfers

We may also disclose your personal information to others if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, respond to any claims, or protect the safety or rights of Domino Sugar, our consumers, or the public.

In the event of a merger or acquisition of all or part of Domino Sugar or our parent company by another company, or in the event Domino Sugar or our parent company were to sell or dispose of all or a part of the Domino Sugar business, the acquirer may have access to the information previously maintained by Domino Sugar, which could include your personal information. Similarly, any information in our possession, including your personal information, may be transferred to a third party entity as part of a corporate reorganization, insolvency proceeding, or other similar event.

Children and Privacy

Domino Sugar does not knowingly solicit or collect personal or other information from children under the age of 13 through our Site. If we learn at any time that we have inadvertently collected personal information from a child, we will promptly delete the information from our records.

If, in the future, Domino Sugar should offer a promotion on its Site that involves the collection of personal information from children under the age of 13, the child shall be 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. Further, consistent with the requirements of the Children's Online Privacy Protection Act (COPPA) and Children's Advertising Review Unit (CARU) guidelines for Web Site gathering personally identifiable information from children under 13, Domino Sugar will not collect, use or disclose personal information from children to anyone outside of Domino Sugar, other than vendors in connection with online promotions for the purpose of awarding prizes and only then with prior parental consent.

As a parent, you can always ask to review any personal information about your child that has been collected at our Site, have us delete this information (if Domino Sugar still has the information in our databases), and/or instruct us 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.

Third Party Offers and Information from Domino Sugar

From time to time, we are approached by reputable third party companies and organizations that provide products or services that we believe may be of interest to you. As a result, these third party materials may be delivered to you together with some of our own materials, for example, as inserts. We see this as a value-added service helping you find special offers on products and services that may be of interest to you. Please remember that the materials we send you in connection with this particular service come directly from Domino Sugar and, therefore, do not require us to share your personal information with third party companies. If you would prefer not to receive these third party materials from Domino Sugar, you must request to opt-out from receiving communications from Domino Sugar.

Web Beacons and Cookies

We may also use web beacons or other similar technology (“Beacons”) on our website or include them in an email message we send you. Beacons are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via Beacons may include information about how a user responds to an email campaign from Domino Sugar (for example, the time the email is opened, where does the user link to from the email, etc.). We use Beacon information for a variety of purposes, including but not limited to, Site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.

We may also use "cookie" technology on our site. A "cookie" is a non-executable element of data that a website 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 website is about to deposit a cookie.

Security of Information

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 cannot warrant or guaranty 100% security of any information you transmit to our Site.

Permission and Control:

As stated, you always have option not to give us any of your personal information. If you do not want to receive communications or materials from Domino Sugar, our affiliates, and/or our third party partners, please opt-out from the relevant communications or materials at the time of registration or when the information is collected. Further, when you receive the requested communication, you are given the opportunity to unsubscribe from receiving any future communications or to change your information. If, at the time of registration, you also agreed to receive information directly from one of our affiliates, or directly from our third party partners, you may need to contact these other companies separately to opt-out from their communications. Please note that after making an opt-out request, you may continue to receive residual communications from Domino Sugar for a short time thereafter. Please note that regardless of your opt-out selections, we reserve the right to continue sending you administrative or operational communications, such as important email confirmations (e.g., in response to an online registration or offline order) or to inform you about important product announcements (e.g., recalls) or updates to our Site (e.g., updates to our legal terms or privacy policy, Site maintenance, etc.).

You can always ask to review any personal information that Domino Sugar may have collected from you at our Site, have it updated, corrected or deleted (if Domino Sugar still has the information in our databases), and/or instruct Domino Sugar not to use this information in the future. If you wish to exercise this right, simply Contact Us.

Links to Other Sites:

Domino Sugar does our best to make sure that every link on our Web Site sends you to a safe place on the Internet. However, websites 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.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our Site visitors who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

Domino Foods Inc.
Attn: Legal Department
One North Clematis Street, Suite 200
West Palm Beach, FL 33401

©Copyright 2011 Domino Foods, Inc. All rights reserved.

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