THE QUAKER OATS COMPANY
TERMS OF USE

Terms and Conditions
The Quaker Oats Company (Quaker) maintains this site (“the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.

Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Quaker may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.

Intellectual Property
You should assume that all materials, designs, text and images (collectively, the "Materials") contained in the Site are either the copyrighted property of The Quaker Oats Company unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Quaker and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. Quaker neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Quaker.

This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by The Quaker Oats Company and used by Quaker and its subsidiaries (the “Trademarks”). The Trademarks displayed on the Site are registered and unregistered Trademarks of The Quaker Oats Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Quaker will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

No Warranty
While Quaker uses reasonable efforts to include accurate and up to date information in the Site, Quaker makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.

Information in the Site is subject to change without notice. Information regarding Quaker’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Quaker makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

Use of and browsing in the Site is done at user's own risk. Neither Quaker nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Submissions
From time to time, Quaker may ask that you transmit to the Site by electronic mail your feedback on Quaker’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Quaker, (b) become the property of Quaker and Quaker shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Quaker or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Quaker shall be under no obligation to respond to any such communication.

Notwithstanding the foregoing, Quaker maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Quaker in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Quaker and Quaker shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Quaker shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Quaker shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Quaker uses or activities.

On certain areas of our Site, such as video upload features, message boards, or chat rooms, you will be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. Quaker will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised.

Use of your account and the interactive features of this Site are governed by and subject to the following terms (“Posting Rules”). Quaker may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. Quaker does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

  • You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Quaker is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of Quaker.
  • You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate.
  • You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Quaker. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
  • The message boards, chat rooms, and other forums we provide on this Site are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service.
  • You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Quaker’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Site, a message board, chat room, forum, or other feature.

If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an email and submit to webmaster@quakeroatmeal.com. Quaker may, but typically will not, acknowledge receipt of your complaint. You agree that Quaker cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact webmaster@quakeroatmeal.com. Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account.

If you believe that something on the Site violates the Terms and Conditions or you wish to send an e-mail to Quaker, please email gina.judge1@pepsico.com. If you are a copyright or trademark owner and you believe your rights have been violated, please follow our Proprietary Rights Complaint Process.

Submission License
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH QUAKER. PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS. Except as otherwise provided in the "Submissions" section above including with respect to ideas or other non-protectable information, any submission(s) you make on this website that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials (“User Content”) are governed by the following license terms "(License”):

  1. You hereby grant to Quaker an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Content. Quaker shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
  2. You hereby acknowledge and agree that: (a) Quaker shall have the right to crop, edit, alter or arrange the User Content in any way it desires in Quaker’s sole discretion; (b) Quaker shall not have any obligation to provide you with any credit when using your User Content, but in the event Quaker chooses to provide you with credit the size and placement of the credit shall be at Quaker’s sole discretion; (c) you shall waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from Quaker in connection with the User Content. You understand that Quaker will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should Quaker use your User Content.
  3. You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Quaker’s use and exploitation of the User Content; and (e) the User Content conforms to the Posting Rules described in above.
  4. You agree to defend, indemnify, and hold harmless Quaker and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against Quaker or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.

 

Children
Children under the age of 13 are not permitted to register to use the interactive features of our website such as signing up for e-mail notifications, online sweepstakes, or chat rooms and message boards. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17.

Third Party Links
This Site may link to other sites not maintained by or related to Quaker. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Quaker. Quaker has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

Miscellaneous
Any offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

These Terms and Conditions are governed and interpreted under the laws of the state of Illinois, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.

These Terms and Conditions set forth the entire understanding and agreement between you and Quaker with respect to the Site. You acknowledge that any other agreements between you and Quaker with respect to the Site are superseded and of no force or effect.

You agree to indemnify and hold Quaker, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

Both you and Quaker acknowledge and agree that no partnership is formed and neither of you nor Quaker has the power or the authority to obligate or bind the other.

No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.

Copyright 2006 © The Quaker Oats Company