Terms and Conditions
Please read these Terms and Conditions carefully before using this Web site (site)
or submitting any materials to the site, including but not limited to any photographs
to the mash-up (materials). You understand that you must be 18 years of age or
older at the time of submission in order to participate in this promotion. Photos
must be submitted in JPG or GIF format and you and/or your friend must be the only
person depicted in the photograph. By using this site and submitting materials,
you signify your agreement with these Terms and Conditions. You also understand
that by submission of your materials, Chiquita Brands International, Inc. (Sponsor)
has the right to post your materials and your name or likeness, in its sole discretion.
If you do not agree with any of the below Terms and Conditions, do not use this
site and submit any materials. Sponsor reserves the right, in its sole discretion,
to modify, alter or otherwise update these Terms and Conditions at any time. Such
modifications shall be effective immediately upon posting of the modified Terms
and Conditions. By using this service, after we have posted notice of such modifications,
alterations or updates, you agree to be bound by the revised Terms and Conditions.
Sponsor retains the right to deny access to anyone at its complete discretion for
any reason including for violation of any of these Terms and Conditions.
Trademarks, Copyrights and Restrictions
This site is controlled and operated by Chiquita Brands International, Inc., 250
East Fifth Street Cincinnati, OH 45202. All material on this site not submitted
by users, including, but not limited to images, illustrations, audio clips, and
video clips, is protected by copyrights, trademarks, and other intellectual property
rights which are owned and controlled by Sponsor, its related companies or by other
parties that have licensed their material to Sponsor. Material on this site that
is owned, operated, licensed or controlled by Sponsor is solely for your personal,
non-commercial use. Such material may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted, or distributed in any way, including by e-mail or
other electronic means, without the express prior written consent of Sponsor. Use
of the materials on any other Web site or networked computer environment, or use
of the materials for any purpose other than personal, non-commercial use is a violation
of Sponsor's copyrights, trademarks and other proprietary rights, and is prohibited.
User Conduct
You shall not upload to, distribute through, or otherwise publish through this or
any other Chiquita Brands International, Inc. Web site any materials that are libelous,
defamatory, obscene, pornographic, threatening, racist, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or that would otherwise give
rise to liability or violates any law. You agree that the Sponsor has the right,
but not the obligation, to monitor, edit, disclose, refuse to post, or remove at
any time, for any reason in its sole discretion, any materials and content anywhere
on the Site. Notwithstanding this right, Sponsor takes no responsibility and assumes
no liability for any content or materials posted by you or any third party. You
may not suggest or encourage illegal activity while visiting this or any other Sponsor
Web site. Spamming is not permitted.
You represent to Sponsor that you own, or have the right to submit to us in accordance
with this Agreement (including, but not limited to, the permission of any person
whose likeness may appear in any submitted photograph), all materials that you use
in conjunction with this promotion. By uploading materials to this Web site or submitting
any materials to us, you automatically grant Sponsor a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called moral rights
in those materials have been waived. By submitting your photo you irrevocably consent
to the use by Sponsor, its assignees and licensees and successors, of any and all
images submitted, and any reproduction in connection with the promotion of Sponsor
services and in any derivative work based thereon throughout the world, and to use
them to publicize and advertise Sponsor services in all media, including but not
limited to the Internet in perpetuity. Sponsor will have all rights in connection
with the images you submit including but not limited to all statutory and common
law copyrights, moral rights and rights of publicity associated therewith.
Links
This site may contain links to other Web sites ("Linked Sites"). The Linked Sites
are for your convenience only, and you access them at your own risk. Sponsor is
not responsible for, and does not endorse, the content of any Linked Sites whether
or not Sponsor is affiliated with the sponsors of a site. Visitors to any linked
site are urged and expected to abide by the Terms of Use and Privacy Policies of
that particular linked site.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE CONTENT ON SPONSOR'S WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION. NEITHER SPONSOR, NOR ITS AFFILIATED OR RELATED ENTITIES,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT SPONSOR OR THE SERVER THAT MAKES THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU VIEW ON THIS
SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. SPONSOR DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND SUBMISSION OF MATERIALS IS AT YOUR
SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER SPONSOR, NOR ITS AFFILIATED OR RELATED
ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE ARE RESPONSIBLE
OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF
ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM SUBMISSION OF MATERIALS
AND THE USE OR MISUSE OF THIS SITE OR ANY OTHER SPONSOR WEB SITE. BY WAY OF EXAMPLE,
AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR AND RELATED PERSONS
AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING
FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS
OR OTHER CONTENT APPEARING ON THIS SITE. YOU (AND NOT SPONSOR) ASSUME THE ENTIRE
COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION
RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT SPONSOR OR ANY ENTITY INVOLVED WITH THIS PROMOTION IS NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
License and Web site Access
We grant you a limited license to make personal use only of the site. Such grant
does not include, without limitation: (a) any resale or commercial use of this site
or any of the contents of this site; (b) modification, adaptation, translation,
reverse engineering, decompilation, disassembly or conversion into human readable
form any of the contents of this site not intended to be so read, including use
of or directly viewing the underlying HTML or other code from this site except as
interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing,
distributing, publishing, downloading, displaying, performing, posting or transmitting
any of the contents of this site (including any of Sponsors trademarks) in any
form or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording or otherwise; (d) the collection and use of any product listings or descriptions;
(e) making derivative uses of the site and any of the contents of the site; or (f)
use of any data mining, bots, spiders, automated tools or similar data gathering
and extraction methods, directly or indirectly, on the contents of the Website or
to collect any information from the site or any other user of the site.
Children
This site is designed for and intended for use by adults. If you are under 18, you
may use this site only with involvement of a parent or guardian. If you are a parent
or legal guardian, you must monitor and supervise the use of this site by children,
minors and others under your care. You agree to be responsible for their use of
this site.
Electronic Communications
When you visit this site, or send us e-mails, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
Indemnification
You agree to indemnify, defend and hold harmless, Sponsor, its subsidiaries and
other affiliated companies, advertising and promotion agencies, and all respective
officers, directors, employees, agents, licensors, suppliers and any third-party
information providers to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from your participation
in this Web site or any violation of these Terms and Conditions. Sponsor reserves
the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate
with Sponsor in asserting any available defenses.
Jurisdictional Issues
This agreement shall be governed by, construed and enforced in accordance with the
laws of the State of Ohio, as it is applied to agreements entered into and to be
performed entirely within such State. Any action you, any third party or Sponsor
bring to enforce this agreement or, in connection with, any matters related to this
site shall be brought only in either the state or Federal Courts located in Ohio,
and you expressly consent to the jurisdiction of said courts. If any provision of
this agreement shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement, and shall not affect the
validity and enforceability of any remaining provisions. This represents the entire
agreement between the parties relating to the matters contained herein and shall
not be modified except in writing, signed by Sponsor.
Chiquita Banana Jingle Copyright
Chiquita Banana" (Words and Music by Garth Montgomery, Leonard Mackenzie, William
Wirges) under license to Chiquita Brands L.L.C. © 1945 Shawnee Press, Inc.