- Ownership and Operation
- Agreement to Be Bound; Termination
- Change of Terms, Continuing Agreement
- Ownership and Use of the Site and Site Materials
- Registration and Account Security
- Downloaded Software
- Mobile Devices
- User Code of Conduct
- User Submissions
- Voting/Rating Features
- Geographic Scope of Site
- Links to Other Sites
- CONTENTS OF THIS SITE – DISCLAIMER
- OPERATION OF THIS SITE – DISCLAIMER
- LIMITATION OF LIABILITY
- Limitations as to Paragraphs 14, 15 and 16
- Copyright Concerns
- Applicable Law; Jurisdiction, Time Limitation
- Electronic Transmissions
- No Waiver
- No Legal Effect
This Site is owned and operated by a division of R&B Foods which is a member of the Mizkan Group, a global group of companies with a 200+ year heritage in the food business. For more information on Mizkan Americas and their product brands, visit mizkan.com. R&B Foods may, in its sole and absolute discretion and at any time with or without notice, modify, suspend or discontinue this Site or specific portions of it. We will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications, suspensions or discontinuance.
All ownership rights and title in and to this Site, including all text, designs, images, videos, graphics, Software and other content and materials on the Site (collectively, “Materials“), are owned by R&B Foods and its licensors. R&B Foods also owns or has a valid right to use all trade-marks, service marks, logos and trade names used on this Site (collectively, “Trade-marks“). All Trade-marks not owned by R&B Foods and referenced in this Site are and shall remain the sole and exclusive property of their respective owner(s).
No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all original copyright, trade-mark and other notices in their original form. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Site or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Site, as determined by R&B Foods in its sole and absolute discretion.
Certain features and/or portions of this Site may be password-protected and may require you to complete a registration process in order to obtain access and/or participate. When registering to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Site, or any features or portions of the Site.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at email@example.com. We are not responsible for your failure to comply with this clause, and you are solely responsible for any and all activities which occur under your user account.
From time to time R&B Foods may make available as part of the Materials on this Site particular software including files, images and data relating to the software (the “Software“). By downloading or using the Software, you do not acquire any ownership of the Software, and R&B Foods does not transfer to you any ownership of, or grant any license (unless otherwise described in these Terms) for, the Software. R&B Foods retains full ownership of and title to the Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. If you download Software from this Site, you represent and warrant to R&B Foods that you are not acting in violation of those or other applicable laws.
If permitted or available through the Site, to (a) upload content to the Site via your handset and/or tablet and/or other mobile access device (“Mobile Device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your Mobile Device and/or (d) to access certain features through a mobile application you have downloaded and installed on your Mobile Device (collectively the “Mobile Services“), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which R&B Foods makes the Site available as well as any carrier Sites necessary to download content, and pay any Site fees (as well as carrier fees) associated with any such access (including text messaging charges for each text message you send and receive on your mobile device).
In addition, you must provide all equipment and software necessary to connect to the Site, including, but not limited to, if the Site contains a mobile element, a Mobile Device that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations or the Site. Any Mobile Device, equipment or software causing interference will be immediately disconnected from the Site, and R&B Foods will have the right to immediately terminate this Agreement. If any upgrade in or to the Site requires changes in your Mobile Device, equipment or software (including the operating system for your Mobile Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products and web sites, will be subject to the terms and conditions of this Agreement.
In using or accessing this Site, you agree, without limitation:
- not to use this Site for commercial purposes;
- not to “spam” others or “phish” for others’ personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, this Site, or any part this Site;
- not to upload, post or otherwise transmit through or on this Site any viruses, worms, time bombs, cancelbots, malware, spyware, Trojan horses or other malicious or potentially harmful, disruptive or destructive code, files, software programs, materials or data (collectively “Malware”);
- not to use, frame or utilize framing techniques to enclose any part of this Site without R&B Foods’s express prior written consent;
- not to use meta tags or any other “hidden text” utilizing any Trade-mark without R&B Foods’s express written consent;
- not to “deeplink” to this Site without R&B Foods’s express prior written consent;
- not to create or use a false identity on this Site;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
- not to transmit to another Site user any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, racially or ethnically offensive, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or violative of any third party proprietary rights or any law or regulation;
- not to post any copyrighted (or other proprietary) material unless the copyright (or other proprietary right) is owned by you or you have the right to do so;
- not to use this Site in breach of any Third Party Site’s terms and conditions.
Certain portions of the Site may permit you to post, transmit or upload content created by you (“User Submissions“), which may include, without limitation, information, messages, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social networks, or a R&B Foods-hosted discussion forum or bulletin board, and communications with other Site users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trade-mark, privacy and publicity rights) unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the rights granted herein;
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- contains any Malware;
- contain advertisements or solicitations of any funds, goods or services;
- is a communication by a user impersonating another user;
- contains personal information, such as messages which identify telephone numbers, social security numbers, accounts numbers or addresses; or
- could be considered bulk unsolicited communications.
No credit, approval or compensation is due to you for any such use of User Submissions you may submit. R&B Foods also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Submissions), city and province/territory in connection with broadcast, print, online or other use or publication of your User Submissions. All User Submissions become the unrestricted licensed property of R&B Foods.
By posting or transmitting User Submissions through or to the Site, you authorize R&B Foods to make such copies thereof and retain such User Submissions as R&B Foods deems necessary to facilitate the posting or storage of the User Submission with R&B Foods.
For any voting/rating features that are available on this Site, you must follow instructions on this Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be subject to immediate disqualification. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us, in our sole and absolute discretion, may be void. R&B Foods assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. R&B Foods may, at its sole and absolute discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should any Malware or non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating.
R&B Foods controls and operates this Site from within Canada. Unless otherwise specified on or by this Site, this Site is intended to promote only those R&B Foods products that are sold by R&B Foods in Canada, and R&B Foods makes no representation that materials on this Site or the products described thereby are appropriate or available for use in other locations. All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site.
For your convenience and enjoyment, this Site may provide links to other third party web sites on the World Wide Web that are not operated by R&B Foods (“Third Party Site“). R&B Foods has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. R&B Foods may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by R&B Foods to, or an approval, sponsorship or endorsement by R&B Foods of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. R&B Foods is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, R&B Foods is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any R&B Foods products through a social network platform, including through links to Third Party Sites provided by R&B Foods through the Site, you may be able to post such information directly to your profile at the social networking platform without leaving the Site. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by R&B Foods, the data is in fact collected directly by the social networking platform. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. By making any content available through the Site, you represent and warrant that you own all rights necessary to do so.
THE MATERIALS ON THIS SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, R&B FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. R&B FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. R&B FOODS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SITE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. R&B FOODS IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND R&B FOODS DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, R&B FOODS CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SITE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SITE, R&B FOODS IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF R&B FOODS OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS.
R&B FOODS ENDEAVOURS TO MAINTAIN THIS SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, R&B FOODS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. R&B FOODS MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT R&B FOODS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, OTHER MALWARE, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.
UNDER NO CIRCUMSTANCES SHALL R&B FOODS OR ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES OR THE SUCCESSORS OR ASSIGNS THEREOF OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR LICENSEES, AND THE SUCCESSORS, ASSIGNS AND HEIRS THEREOF (“R&B FOODS” IN THIS SECTION), OR ANY OF THEM BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE. R&B FOODS SHALL NOT BE LIABLE EVEN IF R&B FOODS OR A R&B FOODS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER MALWARE.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the R&B Foods total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information by email at:firstname.lastname@example.org.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements set out above shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
We suggest that you consult your legal advisor before filing a notice with us.
We may, in appropriate circumstances and in our sole and absolute discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. R&B Foods does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Site is suitable for use on a wide variety of computer systems and devices, you should take reasonable and appropriate precautions to scan for computer viruses and other Malware, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.
Effective Date: December, 2014