1. Acceptance of Terms
2. Services provided by Sara Lee Desserts
3. Site Access, License, and Privacy
4. Registration Policy
In order to use certain Services, such as joining the Sara Lee Desserts eClub, you may be required to register with Sara Lee Desserts. In consideration of your use of these Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that Sara Lee Desserts may provide any and all notices, statements, and other communications to you through e-mail to the e-mail address provided in the Registration Data.
5. Spam Policy
In order to maintain the integrity of the Site, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by Sara Lee Desserts (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services which are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (“Spam”). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to “scroll” faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users ability to engage in real-time exchanges, (ii) using “bots” or otherwise harvesting other users’ information, including email addresses, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party’s internet domain name, or be relayed from or through a third party’s computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.
6. Links to 3rd Party Sites
7. Intellectual Property Rights; Submitted Content; Copyright Infringement Notification Process
7.2 Your Content. You may be allowed or required to submit to Sara Lee Desserts or the Services may collect content from you, content (including photographs, videos, writings and recordings) (collectively, “Your Content”). As between You and Sara Lee Desserts, you shall remain the sole owner of and solely responsible for Your Content. Sara Lee Desserts does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Sara Lee Desserts a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Sara Lee Desserts. Sara Lee Desserts reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal. Publication of any of Your Content is at the sole discretion of Sara Lee Desserts. You hereby certify that you own all Your Content, or otherwise have the right to freely redistribute Your Content without limitation, and that submitting Your Content will not violate or infringe upon the rights of any third party, including but not limited to, any Intellectual Property Rights, right of publicity or other proprietary rights. You certify that Your Content contains no elements and produce no results that are defamatory, obscene, or in violation of any law. You further certify that Your Content contains no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Sara Lee Desserts assumes no liability with respect to disputes over Your Content ownership, copyright, or trademarks. In the event that Sara Lee Desserts is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, we will remove Your Content in question in a timely manner, with no obligation to notify you of the removal.
7.3 Transmission of Your Content. “Your Content” means registration information, business and financial information, electronic transmissions and all other data of any kind contained within e-mails or otherwise submitted by You or entered electronically in the course of Your use of the Site and Services. You understand that the technical processing and transmission of Your Content (including possibly transmission of Your Content outside its country of origin) may be necessary to Your use of the products and services offered on the Site, including the Services, and consent to Sara Lee Desserts interception and storage of Your Content. You understand that You or Sara Lee Desserts may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and/or operated by Sara Lee Desserts. You agree that Sara Lee Desserts is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and/or operated by Sara Lee Desserts.
7.4 Copyright Infringement Notification Process. Sara Lee Desserts abides by the Federal Digital Millennium Copyright Act (“DMCA”). If you believe that any content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Sara Lee Desserts of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Sara Lee Desserts
P.O. Box 708
Kings Mountain, NC 28086
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Sara Lee Desserts rights and obligations under the DMCA and do not constitute legal advice. Sara Lee Desserts will remove the infringing content, subject to the procedures outlined in the DMCA.
7.4.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult Your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the 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.
5. 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.
6. 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.
7.4.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
8. Disclaimer of Warranties/Limitation of Liability
10. Injunctive Relief
12. No waiver; Severability
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.