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Welcome to our web site! As a member of the Mars, Incorporated (“Mars”) family of companies, we offer an online information and communications service that we hope you will find entertaining and informative. There are a few rules of the (cyber) road that our visitors must follow when using our site, so we ask all our visitors to read these General Terms and Conditions (“Agreement”) carefully.
Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since use of this site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement.
We do not intend to make changes to our terms and conditions very often but reserve the right to do so. However, it is always a good idea to double check when you visit our site to ensure that you have read and agree with our most current terms and conditions. Any change in our terms and conditions will be prospective only. We generally do not make any changes to our terms and conditions that have a retroactive effect unless legally required to do so. Your continued use of this site after that time will constitute your acceptance of any new or amended terms.
Intellectual Property Ownership
Copyrights
All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this web site (“Content”) are owned by Mars or used with permission.
Although you can copy any part of this web site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the web site into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our web site unless you have a license from us to do so. That also means that Mars retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. If you want to link to the home page of our site, that's OK, but please don't use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our site without our specific written permission.
Trademarks
Unless otherwise specified, all trademarks used on this site are the property of Mars or our business partners.
Submissions
We will respect your rights regarding the protection of personal data, especially in relation to any application you may make for employment with Mars. In addition to job applications, we are glad to receive from you any stories, comments, suggestions, ideas, graphics, pictures or anything else, but do please remember that, by uploading or sending us such material through this site, you assign all your interest in it to Mars and, depending on which law applies, Mars will either own the material you send to us on this site or you will be deemed to have granted Mars an exclusive and perpetual license to use it.
That means that all stories, comments, suggestions, ideas, graphics, pictures or other information uploaded or sent to Mars through this site, not in connection with a job application, are automatically deemed to be either the property of Mars or can be used by it. This information is not confidential and we can use it as we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Under no circumstances are you entitled to any payment if we do use your submission for any purpose.
Use Restrictions
You may not engage in any activities through the web site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this web site. You may not monitor or copy Content on the web site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the web site. You agree to indemnify, defend and hold harmless Mars and its subsidiaries, affiliates, officers and employees from any damages, liabilities and expenses (including reasonable attorneys' fees) arising from any third party claims resulting from, or arising out of, your use of the web site. We reserve the right to terminate your access to the web site at any time, without notice, for any reason whatsoever.
No Endorsements
Although this web site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and web sites.
Privacy Policy
Please ensure that you read our Privacy Policy and the data protection consents, which we require when you apply for employment with Mars, in order to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.
Use of this Site: Limitation of Liability and Disclaimer
NEITHER MARS NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:
- DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
- DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.
We use reasonable efforts to ensure that accurate information is provided on this site, but do not guarantee such accuracy, and make no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS WEB SITE. THERE IS NO WARRANTY THAT THIS WEB SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any material posted by any user or for any information whatsoever contained in any linked sites. YOU AGREE THAT MARS AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
Copyright Agent
It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the web site or any of its Content to Mars’s designated DMCA agent:
DMCA Agent
c/o Consumer Care Department
Mars, Incorporated
800 High Street
Hackettstown, NJ 07840
dmca.agent@mars.com
You may also obtain a copy of Mars’s DMCA policy from such DMCA agent. However, please do not send any other correspondence or inquiries to our DMCA agent; he will only respond to DMCA notices and inquiries.
Other
If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Mars enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, Mars holds the benefit of and may enforce this Agreement on behalf of those affiliates. Mars reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
API FISHCARE MONTHLY PRIZE PROMOTION
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION PERIOD. The API Fishcare Monthly Prize Promotion begins at 12:01 am Eastern Time on November 1, 2010, and expires at 11:59 pm Eastern Time on December 31, 2011 (“Promotion Period”).
2. HOW TO ENTER. During the Promotion Period, go to the API Fishcare FACEBOOK page at www.facebook.com/apifishcare and designate that you are a “FAN” of the page. Only one entry per person. By entering the promotion, entrant authorizes the publication of his or her name and other identifying information on the API Fishcare FACEBOOK page, should he or she be selected as a winner.
3. ELIGIBILITY. Open to all residents of the 48 contiguous United States who are 18 years of age or older at the time of entry. Void where prohibited by law.
4. RANDOM DRAWING. A random drawing will be held during the third week of each month, beginning in November 2010 and ending in January 2012 (15 monthly drawings) from all eligible entries received during the Promotion Period at the time of the drawing. The winner’s name will be posted on the API Fishcare FACEBOOK page with instructions to claim the prize by contacting API Fishcare at a designated e-mail address and providing a street address within the continental United States for the mailing of the prize. No post office boxes are permitted. Sponsor not responsible for misdelivered, damaged, or lost prizes. If a posted winner does not contact API Fishcare at the designated e-mail address within 5 (five) days of the posting of his or her name, an alternative winner will be selected and posted. Only one prize per entry and per street address. Winners’ entries will be not be eligible for subsequent monthly drawings.
5. PRIZE. Each monthly prize will consist of API Fishcare products with a total suggested retail price of approximately $50. Promotion sponsor reserves the right to substitute prizes of equal or greater value. The prize may not be resold.
6. ODDS OF WINNING. The odds of winning are dependent upon the number of eligible entries received during the Promotion Period at the time of the monthly drawing.
7. GENERAL CONDITIONS. Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, non-working e-mail addresses, or incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or software utilized by the Sponsor, or for any other reason. Sponsor reserves the right, at its sole discretion, to disqualify any entrant and/or terminate the promotion if it becomes aware that there has been any tampering or other activity that could compromise the integrity of the promotion.
8. WINNER. For the names of the winners, mail a self-addressed stamped envelope by February 28, 2011, to WINNER, API Fishcare Monthly Prize Promotion, c/o Mars Fishcare, 50 E. Hamilton Street, Chalfont, PA 18914.
9. SPONSOR. Mars Fishcare, 50 E. Hamilton Street, Chalfont, PA 18914.
Terms and Conditions
The API® brand & Mars Fishcare North America, Inc. does not encourage or support the submission of any comments, information, photos, videos, links or other content ("Third Party Content") to the API® Page on Facebook ("Page") which infringes the rights of any third party, violates any law or other legal authority, is false and/or misleading in any manner or which fails to comply with Facebook's Terms and Conditions. Facebook's Terms and Conditions. By viewing the Page, you acknowledge that any content uploaded by anyone other than Mars Fishcare North America Inc. is the creation/views/responsibility of the submitter, and not Mars Fishcare. Notwithstanding, Mars Fishcare reserves the right, but assumes no obligation, to remove any Third Party Content in its sole discretion. Submission of any Third Party Content grants Mars Fishcare and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform such content, or any idea contained therein, or any portion thereof, in any way, in any and all media now known or hereinafter developed, without territorial time or other limitation, for commercial, advertising/promotional or any other purposes, without consideration to the submitter. Mars Fishcare reserves the right to adopt additional terms or rules and to change or modify these terms or rules at any time. ™/® trademarks of Mars Fishcare North America, Inc.. ©2008 Mars Fishcare North America, Inc.
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