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.