Terms and Conditions

Terms and Conditions

Thank you for visiting www.IceCream.com. We hope you will enjoy our site. Our lawyers have asked us to communicate a few key points (Terms & Conditions) to you. They are listed below, and by accessing this web site you are, in effect, agreeing to the following Terms & Conditions.

Copyright, Trademark, and Related Issues:
Any non-personal information, communications or material you submit to Nestlé Ice Cream at this site or by e-mail is non-confidential, and Nestlé Ice Cream is free to use and reproduce such information freely, and for any purpose. Specifically, Nestlé Ice Cream is free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, manufacturing, advertising and marketing products. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory, and that Nestlé Ice Cream use will not violate any third party's rights. Nestlé Ice Cream is under no obligation to use the information submitted.

The trademarks, logos, characters, service marks, logos, slogans and other intellectual property displayed on www.IceCream.com (collectively "Trademarks") belong to or are licensed to Nestlé Ice Cream. Nothing contained on this web site should be construed as granting any license or right to use any Trademarks displayed on this web site. Your use/misuse of the Trademarks displayed on this web site, or any other content on this web site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nestlé Ice Cream will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Linking:
In general, Nestlé Ice Cream does not object to links to this web site from third party sites. However, you must abide by the following rules:

Unless we have a written agreement with you, you may not use any of Nestlé Ice Cream Trademarks in or with your links, except that you may link to this site using the plain text name of the site.
Do not present the link to this site in any way that suggests Nestlé Ice Cream has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Nestlé Ice Cream to do so.
Link only to the home page of this site.
Do not, without Nestlé Ice Cream express written permission:
a. incorporate any content from this site into your site (e.g., by in-lining or framing);
b. use any Nestlé Ice Cream names, Trademarks or any other words or codes identifying Nestlé Ice Cream web sites in any "metatag" or other information used by search engines or other information location tools to identify and select sites.

Nestlé Ice Cream will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of Nestlé Ice Cream and its products. Nestlé Ice Cream reserves the right to cancel permission to link at any time, for any reason.
E-mail us about seeking permission to use our content, trademarks or logos in your link to this site.

Jurisdictional Issues:
The Nestlé Ice Cream products, materials, offers, and information appearing on this web site are intended for U.S. customers. This site is controlled by Nestlé Ice Cream from its offices in Oakland, California, United States. Nestlé Ice Cream makes no representation that materials on this site are appropriate or available for use in other locations.

Software from this Web site may be subject to United States Export Laws, rules and regulations, as amended from time to time. No software from this Web site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Limitation of Liability:
Your use of and browsing on this web site are at your own risk. Neither Nestlé Ice Cream nor any other party involved in creating, producing or delivering this web site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this web site. Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Nestlé Ice Cream assumes no liability and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access or use of this web site.
Nestlé Ice Cream may revise these Terms & Conditions by updating this posting.

Current as of January 2005