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Terms of Use for websites operated by The Mars, Incorporated, Corporate Family

Valid Date: December 2013

Welcome! Mars, Incorporated and its affiliates (collectively "Mars" or "we" or "us") offer these and other websites, websites, applications, games, widgets, and online and mobile device services (collectively, the "Mars Sites") , We hope you find the Mars sites informative and entertaining.

The following Terms of Use and our Privacy Policy at www.Mars.com/privacy  (collectively these "Terms") describe the Terms of Use to which Mars grants you access to the Mars Sites.

Before accessing and using the Mars Sites, please read these Terms carefully as they constitute a legal agreement between Mars and you. BY ACCESSING THE MARS SITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS THAT YOU ARE ENTIRELY AUTHORIZED AND LEGALLY AUTHORIZED.

IMPORTANT NOTE:  These Terms contain provisions that limit our liability to you and require you to resolve any disputes with us by a final and binding arbitration on an individual basis and not in a class action lawsuit. For more information, please see "WARRANTY EXCLUSION AND LIMITATION OF LIABILITY" (Section [8]) and "FINISHING" (Section [10]) below.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, PLEASE DO NOT USE THE MARS SITES.

  1. CHANGES TO THE TERMS

    The effective date of these conditions is noted at the top of this website. We do not intend to change these conditions very often, but we reserve the right to do so. We will notify you of any significant changes by posting a notice on this website. If possible, we will inform you in advance of any changes. We do not make any retroactive changes unless we have a legal obligation to do so.

    By continuing to use the Mars Sites after the Effective Date, you agree to the amended terms. The changed conditions cancel all previous versions of the conditions. For this reason, we encourage you to review these Terms each time you access or use the Mars Sites and to print a copy of those Terms for your records.

  2. ADDITIONAL REQUIREMENTS

    Certain services offered through or through the Mars Sites, such as mobile applications, raffles, sweepstakes and other services, may be governed by additional terms and conditions related thereto. You must agree to these additional terms before using these services. These conditions and all additional conditions apply equally. If any additional conditions are in irreparable contradiction to these conditions, the additional condition takes precedence.

  3. MARS CONTENT

    Mars retains all title to all data and materials provided on or through the Mars Sites, including all artwork, graphics, text, video and audio clips, trademarks, logos, and other content (collectively " Mars content ").

    If you agree to these terms and conditions (as well as all additional terms and conditions for specific Mars content), you may download, print, and / or copy Mars Content for your own personal use only.

    You are prohibited from doing so unless Mars gives you written permission to do so:

    • Incorporating any Mars content into another work (such as your own web site) or using Mars content in a public or commercial manner;

    • Copying, editing, reproducing, adapting, reverse engineering, distributing, assembling, republishing, uploading, displaying, posting, transmitting, transferring, licensing or selling Mars Content in any form or by any means;

    • Altering any copyright, trademark or other intellectual property rights that may be part of the content of Mars; or

    • The deep-linking of Mars Web pages (ie, linking to anything other than the Mars Web site home page).

  4. YOUR CONTRIBUTIONS

    In addition to job applications, from time to time, Mars may offer areas where you and other users may share information, photos, graphics, creative suggestions, ideas, notes, concepts, information, ratings or other materials (collectively, "Submissions") on or for the Post or submit Mars sites. By submitting, posting or submitting submissions to Mars (and / or our assignees) or any area of ​​the Mars Sites, you are granting to Mars and our assignee a worldwide, non-exclusive, sublicensable (multi-shift), transferable, royalty-free, service unlimited, irrevocable right to use, reproduce, sub-license (over several layers) your submissions, distribute, create derivative works from them, Present your Submissions to any media, currently known or later developed, for any purpose, commercial or otherwise, without compensation to you. In other words, Mars has the automatic right to use your submissions, including reproduction, disclosure, publication or media broadcast, anywhere, at any time, in any medium and for any purpose. Under no circumstances will you have a claim to payment if Mars charges one for your submissions. All submissions are considered non-confidential and non-proprietary. In other words, Mars has the automatic right to use your submissions, including reproduction, disclosure, publication or media broadcast, anywhere, at any time, in any medium and for any purpose. Under no circumstances will you have a claim to payment if Mars charges one for your submissions. All submissions are considered non-confidential and non-proprietary. In other words, Mars has the automatic right to use your submissions, including reproduction, disclosure, publication or media broadcast, anywhere, at any time, in any medium and for any purpose. Under no circumstances will you have a claim to payment if Mars charges one for your submissions. All submissions are considered non-confidential and non-proprietary.

    You are responsible for your submissions. When you post a submission, you represent and warrant that:

    • You own or control all rights to your Submission, including, without limitation, all copyrights and trademarks;

    • Your submission corresponds to the actual circumstances;

    • Your submission does not violate the rights of other natural or legal persons, such as privacy and publication rights; and

    • Your submission meets all applicable legislation.

    You acknowledge and agree that Mars has the right (but not the duty) to modify, remove, and refuse submissions, or to approve submissions. Mars assumes no responsibility or liability for submissions posted by you or third parties.

    Mars strongly recommends that you do not disclose any personally identifiable information in your Submission, as others may see and use the personal information in your Submissions. Mars is not responsible for any information you communicate about submissions.

  5. USE OF THE MARS SITES

    YOU MUST BE AT LEAST THIRTY (13) YEARS OF AGE TO USE THE MARS SITES. By accessing, using, and / or submitting information to or from any of the Mars Sites, you agree to be at least 13 years old.

    IF YOU ARE BETWEEN THIRTEEN (13) YEARS AND THE ALLOWANCE AGE AT YOUR RESIDENCE, YOU MAY ONLY USE THE MARS SITES UNDER THE SUPERVISION OF A PARENT OR GUARDIAN.

    IF YOU ARE A PARENT OR A DOCTOR AND AGREE TO THE MARS SITES AND YOUR USE OF THE ACCESS TO YOUR MINOR CHILD, YOU AGREE TO BE BOUND BY THESE TERMS FOR YOURSELF AND YOUR MINOR CHILD. We encourage you to explore commercially available child protection methods (such as computer hardware, software, or web filters) that can help you limit access to material that could harm minors.

    When using Mars sites, the following is prohibited:

    • Create a false identity or impersonate any person, including falsely indicating that you are a Mars official or representative, celebrity or public figure;

    • Creating a false identity or personage of another person, in particular the misappropriation of being an official representative of Mars, a celebrity or figure of public life;

    • Submit advertisements, applications, spam mail or other unsolicited or unauthorized commercial or promotional content (except as expressly permitted by Mars in writing) to or through Mars sites;

    • Interrupting or attempting to disrupt the proper functioning of Mars sites (for example, through hacking attacks on Mars servers or the social media Mars accounts);

    • Restricting or Preventing the Use of Mars Sites by Others, or;

    • Using spambots, botnets or other bots, scrapers or other automated means of accessing the Mars Sites, or transmitting viruses, worms, trojans or other malware to or through the Mars Sites;

    • Altering, adjusting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any part of any of the Mars Sites;

    • Assembling or mirroring any part of any Mars site unless you have prior written permission from Mars;

    • Posting or transferring material or engaging in any other conduct or activity that is false, misleading, unlawful, offensive, disturbing, harmful, or otherwise inadmissible (in the opinion of Mars); or

    • Assisting a person in performing any of the activities described above.

    Mars may in its sole discretion terminate access to the Mars Sites without notice in the event of any violation of the above rules.

    If you visit and use the Mars Sites on your smartphone, tablet, or other mobile device, you must have a wireless service or a mobile service provider's service. Some services may require the possibility of a short message service (SMS or MMS). You agree that you alone are responsible for all communications and data traffic charges of your mobile service provider. These costs can include SMS costs (standard and premium) and be one-off or recurring. All costs are charged by their mobile service provider and are payable to them. Please contact your mobile service provider for data plan costs and other details.

  6. WEBSITES THIRD

    The Site may contain links to third party websites and services, including social media (collectively referred to as "Linked Sites"). Linked sites are not under the control of Mars, and Mars is not responsible for any linked sites or any information or materials on linked sites or any transfer of them. Inserting a link does not constitute an endorsement by Mars of the linked site or any partnership with the operators of the linked site. Mars does not investigate, review or monitor the linked sites. Mars provides links to linked sites for informational purposes only. Your access to linked sites is at your own risk.

  7. DATA PROTECTION AND DATA SAFETY

    Please read our  Privacy  Policy carefully to understand what data Mars collects on the Mars Sites and how we process them.

    Without limiting our privacy policy, you understand that Mars can not guarantee or guarantee that your use of the Mars Sites and / or information you provide through the Mars Sites is confidential and secure. Mars is not responsible or liable for any data protection or data security deficiencies that may occur to you. You are responsible for taking the precautions and safety measures that best suit your situation and the intended use of the Mars sites. Mars reserves the right to disclose any information Mars deems necessary to comply with applicable legal obligations and procedures or regulatory requirements.

  8. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

    Mars warrants that Mars has legally entered into these Terms and has the appropriate legal authority. You warrant that you have entered into these Terms and Conditions in a lawful manner and have the appropriate legal authority.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MARS SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDIn particular, Mars excludes all warranties and guarantees of any kind, including all warranties of merchantability, merchantability, fitness for a particular purpose, title, non-infringement, merchantability, merchantability, and merchantability. Mars does not warrant that (a) the Mars Sites will meet your requirements, (b) the operation of the Mars Sites will be uninterrupted, virus and error free, or (c) errors will be corrected. Any verbal or written advice from Mars or its authorized representatives will not constitute a warranty and will not constitute a warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

    YOUR USE OF MARS-SITES IS AT YOUR OWN RISK.

    RESULTING FROM OR RELATED TO YOUR USE OF THE MARS-SITES. The foregoing disclaimer is not applicable if it is inadmissible by applicable law.

    You acknowledge and agree that the foregoing limitations of liability, together with the other provisions of these Terms and Conditions that limit liability, are essential conditions and that Mars would not be willing to grant you the rights set forth in these Terms without the above limitations of liability.

  9. INDEMNITY

    You agree to indemnify Mars and its officers, officers, employees and agents with respect to any loss, liability, ongoing or pending lawsuit, legal action, damages, expenses, defense costs and reasonable attorney's fees payable to Mars by third parties for your use of Mars Sites or a breach of these terms, the rights of third parties or applicable law are to be held harmless. Mars reserves the right, at its own expense, to assume sole defense and control over any indemnity claims relating to these Terms. Under no circumstances may any severance pay relating to Mars' rights or obligations be terminated without the prior written consent of Mars.

  10. ARBITRATION

    These terms are governed by the federal laws of the State of Delaware and are construed and enforced to be effective without endorsing the conflict of law rules of such state. They bind the parties in the US and worldwide. You and Mars agree that the United Nations Convention on Contracts for the International Sale of Goods is not applicable to the interpretation or interpretation of these Conditions.

    YOU AND MARS AGREE THAT ALL LICENSEES OF A BINDING ENDORSEMENT ARE SUBJECT TO THE WAY SET OUT IN THIS SECTION [10] AND THAT YOU AND MARS WAIVE ANY RIGHT TO BRING SUCH CLAIMS TO THE COURT.

    IN ADDITION, THEY AND MARS AGREE THAT EACH PARTY MAY ONLY MAKE INDIVIDUAL ACTIONS AGAINST OTHER RECEIVABLES AND NOT AS AN APPLICANT OR COLLECTOR IN AN ALLEGED COMMUNITY ACTION, ASSOCIATION OR REPRESENTATIVE PROCEDURE. OTHER RIGHTS YOU WOULD HAVE BEFORE COURT, SUCH AS ACCESS TO DOCUMENTS, MAY NOT BE AVAILABLE OR EXTREMELY AVAILABLE AT A GRADUATION.

    Any disputes between you and Mars and its agents, employees, officers, directors, officers, assigns, assigns, affiliates or affiliates (collectively referred to as " Mars Parties " for purposes of this Section [11] ) arising out of these Terms and their interpretation or violation, termination or validity of, or in relation to, or the relationships arising out of these Terms, including disputes over the validity, scope or enforceability of this Agreement for arbitration (collectively, " Subject Matter") Is governed by a binding arbitration in the State of New York, under the supervision of the American Arbitration Association (AAA) in accordance with their international arbitration rules same day valid. Before initiating arbitration, the initiating party shall notify the other party at least 60 days in advance of its intention to file an application for arbitration. Mars will deliver such notice by mail or e-mail to the contact person on file and you will need to provide such notification by post to Mars, Incorporated, Attn: Legal Department, 800 High Street, Hackettstown, NJ 07840, USA.

    Payment for registration, administration and referee fees is subject to AAA rules. However, if you can prove that the arbitration costs are much higher than legal costs, Mars will pay the proportion of the costs of filing, administration and arbitration fees, as the Arbitrator deems necessary, so that the arbitration will not be unreasonably expensive for you. If the Arbitrator decides that the claims you have made in arbitration are willful, you agree to indemnify Mars for any and all fees related to the arbitration that Mars paid for you and otherwise pay you under the AAA rules would.

    A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The mediation will be conducted in English. The arbitrator may grant facilities that may be available in ordinary court under the law or according to the rules of equal treatment, and each award shall be final and binding on both parties and may be considered as a judgment of a court of competent court. However, the arbitrator can not impose any penalties or damages, as both parties hereby waive the right to do so. The Arbitrator will proceed in accordance with the applicable law and regulations of these Terms. Failure to do so is considered as exceeding the authority of the referee and is a cause for judicial review. The decision of the arbitrator needs a written explanation and must be treated confidentially. Mars and you agree that any dispute related to these Terms and Conditions will only be submitted individually for mediation.

    Neither Mars nor you shall have the right to have any dispute relating to these Terms as a group or representative proceeding or by an agent, and the arbitrator shall not act in a group or representative manner or with a delegate. If any provision of the Arbitration Agreement in this Section [10] is found to be unenforceable, the unenforceable provision will be excluded from the Agreement and the other Arbitration Conditions will be enforced (but in no case will a Group or Representative Proceedings or Proceedings be used Authorized representatives). Irrespective of any divergent regulations or laws, notice of a claim arising out of or relating to these Terms and Conditions must be submitted within one (1) year of the claim being made and will no longer be permitted. For the purposes of this Section [10], these Terms and any resulting transactions are governed by the Federal Arbitration Act, 9 USC Sec. 1-16 (FAA).

    Please note:  By agreeing to these terms, you expressly agree that you hereby waive all claims or lawsuits that you may otherwise make or file against Mars under the laws of a jurisdiction outside the United States, including without limitation all claims and claims under the laws of your own country and that your sole location and the sole applicable right for any dispute is in accordance with the terms of this Section [10] in the United States.

  11. VOID

    These conditions automatically go out if you do not meet one of the conditions. Mars may terminate or change your access to the Mars Sites at any time for any reason, with or without notice to you. For example, access to the Mars Sites may be denied without notice if Mars believes you are not at least 13 years old.

    The termination does not limit any of the other rights and remedies of Mars. This section [11], together with clauses [3, 8, 9, 10 and 15], will continue to apply even after these conditions have expired.

  12. JURISDICTION ISSUES; CONTROL

    You are responsible for compliance with all applicable laws. Mars reserves the right to limit the availability of the Mars Sites and / or the Content of Mars at any time to any person or geographic area. Any software on the Mars sites is also subject to US export laws. No software may be downloaded or otherwise executed: (a) to (or to a citizen or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other of the foreign - sponsor 's sponsorship and / or foreign assets US Treasury designated country; or (b) any person on the US Department of Commerce's "Specially Designated Nationals" list or US Department of Commerce's "Table of Deny Orders". By downloading or using the software,

    You are solely responsible for all duties, taxes, or fees (including all sales, utility, and withholding taxes) imposed on the Mars site or in connection with its use by a tax authority.

  13. NOTICE TO RESIDENTS OF CALIFORNIA

    California County Civil Code No. 1789.3, California residents are entitled to the following specific consumer rights information:

    The provider of this website is:

    Mars, Incorporated

    800 high street

    Hackettstown, NJ 07840, United States

    To file a complaint about the site or to obtain more information about the use of the site, send a letter to the Legal Department at the above address or contact Mars by e-mail at [email protected] (with "California Resident Request" as subject). You may also contact the Department of Consumer Affairs Division Complaint Assistance Unit by writing to: 400 R Street, Suite 1080, Sacramento, California 95814, USA. You can also contact this department by calling +1 916.445.1254 or +1 800.952.5210.

  14. ACTIONS FOR COPYRIGHT INFRINGEMENTS

    We respond to suspected copyright infringement notifications as required by the US Digital Millennium Copyright Act ("DMCA"), including by removing or disabling access to materials that are alleged to infringe copyrights.

    If you have a good faith belief that your work has been copied in a manner that infringes your copyright, or that your intellectual property rights to or through the Mars sites have been violated, please submit your complaint or notice of copyright infringement to the DMCA representative of Mars under:

    DMCA agent

    c / o Consumer Care Department

    Mars, Incorporated

    800 high street

    Hackettstown, NJ 07840, United States

    [email protected]

    Please do not send any other correspondence or inquiries to our DMCA representative. Our DMCA representative only responds to messages and inquiries that are within the remit of the DMCA. More information on the topic can be found at www.copyright.gov.

  15. VARIOUS

    1. These Terms, together with our  Privacy Policy, constitute  the entire agreement between Mars and you regarding the materials contained herein, and there are no commitments, representations or commitments other than those expressly set forth herein.

    2. These Terms and Conditions (i) apply to Mars and you and bind Mars and you and your assigns or assigns; and (ii) may be assigned by Mars, but you may not assign it without Mars's prior written consent.

    3. if any provision of these Terms is or becomes unenforceable or void, the remaining provisions having equivalent effect shall be retained as if the unenforceable or void precaution had not been added.

    4. If Mars or you does not comply with one condition and the other party does not enforce this condition, failure to enforce on any occasion will not waive one condition and will not prevent its enforcement on another occasion.

    5. No part of these terms and conditions shall be construed to express Mars or you as the agent or representative of the other party or the two parties as a single company or partner.

    6. If, for any reason, Mars or you are unable to comply with any obligation under these conditions beyond the reasonable control of the party requesting the provision, the affected party's performance will be the period of delay or inability to perform as a result of such event extended.

    7. The headings and legends in this agreement are for convenience only.

    8. These conditions and all related documentation are written in English. Although certain texts in these Terms may be made available in languages ​​other than English (whether translated by a human or computer software only), the English language decides.

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