Terms and conditions

UPDATED AS OF: September 12, 2007

COMPANY: Cadbury Trebor Bassett A partnership between Cadbury Ltd, Trebor Bassett Ltd and the Lion Confectionery Co Ltd. (the "Company" or "we")
COMPANY LOCATION: Hertford Place, Denham Way, Maple Cross, Hertfordshire, WD3 9XB
JURISDICTION: England and Wales

CONTACT US:

Address:
UK Internet Manager
Cadbury Trebor Bassett
Franklin 4
Bournville Lane
Birmingham
B30 2NB

Telephone No: 0121 451 4444 (between 09:00 and 17:00 GMT)

E-mail: cadburycouk@csplc.com

CONDITIONAL USE OF THIS SITE

Your access to and use of this website and its contents (the "Site") is subject to the terms and conditions of these Terms of Use ("Terms of Use" or "Terms"), and all applicable laws. By accessing and using this Site, you (the "User" or "you") accept and agree to these without any limitation or qualification.

PRIVACY POLICY

We respect concerns about the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

GENERAL RESTRICTIONS

You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
You may not use any third parties? likenesses, names, and/or properties without their express permission.
You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
We may review, edit or delete materials you or others send to this Site, but are not obligated to do so.
We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

OWNERSHIP OF MATERIAL YOU SEND

Subject to the application of the Privacy Policy to personal data, any material you send to this Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Site if you are the original author of the material or otherwise have the necessary rights to use that material.

WAIVER

We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:

USE OF THE SITE IS AT YOUR OWN RISK
THE SITE IS PROVIDED TO YOU "AS IS"; AND
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
- DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
*STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
*CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
*VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
*LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
*ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.

INDEMNIFICATION

BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER?S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
YOUR BREACH OF ANY PROVISION OF THESE TERMS;
ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

OTHER SITES

This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).

INTELLECTUAL PROPERTY

We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

OTHER

Jurisdiction

We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction and these products or services may not be available in all locations. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.

Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

Definitions/Interpretation

As used herein:

"Damages" means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
"including" means "including, but not limited to".
"materials sent to the Site" (and "materials you send to the Site" and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user.
"Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
"Site Contents" means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site.
"Site Developer" means any party involved in creating, producing, delivering or maintaining the Site.
"use of this Site" (and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site".
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.

Changes

Please note, we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.

Contact Us

If you have any questions or comments regarding this Site, please contact us at the above "Contact" address, telephone number or e-mail.

Big Swap Terms and Conditions

Taking part in the Big Swap Songs promotion (the ‘Promotion’) constitutes acceptance of these Conditions.
This Promotion is open to residents of UK and ROI aged 16 and over.
What is it all about? When you buy any Fairtrade certified product between 22 February 2010 and 7 March 2010 (‘Promotion Period’) in the UK or ROI you will be entitled to claim the free MP3 music compilation download (‘Download’) from www.cadburymusic.com or www.cadburymusic.ie.
The Fairtrade product you buy in order to claim your free Download does not have to be a Cadbury product.
To claim your free Download:
- buy any Fairtrade-certified product between 00.00 hours 22 February 2010 and 23.59 hours 7 March 2010 in UK or ROI;
- visit www.cadburymusic.com or www.cadburymusic.ie between 00.00 hours 22 February 2010 (‘Start Date’) and 23.59 hours 19 March 2010 (‘Closing Date’) (forming the ‘Promotion Period’); and
- follow on-screen instructions, explaining how to enter details of Fairtrade product purchased.
The Download is not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation. The Promoters make no guarantee as to compatibility of the Download with any particular technology.
There is an alternative free compilation format, a limited edition CD (the ‘CD’), which is available to shoppers in participating stores in the UK and Ireland, upon purchase of any Fairtrade-certified product. To claim, look for signs in-store and ask at the till when making your Fairtrade purchase (one CD per customer, while stocks last, between 22 February and 7 March 2010).
Internet access and valid email address is required in order to claim your Download.
You may not claim a Download through or on behalf of agents or third parties. The Promoter takes no responsibility for claims that fail to be delivered, are late or incomplete and such claims will be deemed invalid. The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your claim for (or downloading of) the Download.
To the maximum extent permitted by law the Promoters reserve the right, at its sole discretion, to amend these Conditions at any time, and to cancel or modify, terminate or suspend the Promotion at any time, should viruses, worms, bugs unauthorised human intervention or other causes beyond the Promoters’ control corrupt or impair the administration or security of the Promotion or submission of Claims.
Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far as is permitted by law, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from: any amendment, postponement or cancellation of the Promotion, and any changes to, supply of, or use of the Download or the websites located at: www.cadburymusic.com or www.cadburymusic.ie, and any act or default of any third party supplier, which are beyond the Promoter’s reasonable control.
This Promotion shall be governed by English law.
Click here to view our Privacy Policy.
The compilation featured on the Download and CD and all related intellectual property rights are owned by, or licensed to, Cadbury UK. Cadbury UK grants to you a limited, non-exclusive, non-transferable, revocable licence to download and use the Download for your personal non-commercial use. You may not copy, modify, transfer, or otherwise deal with or use the download except as permitted under these Conditions.
If taking advantage of this Promotion via your mobile or other device, check your operator terms and conditions for details of any standard data charges which may apply.
UK Promoter: Cadbury UK, UB8 1DH. ROI Promoter: Cadbury Ireland, Dublin 5 (together the ‘Promoters’).

PLEASE NOTE:
We have had to make an amendment (v2) to previously published notes:
V2: For full conditions see www.cadburymusic.com. Open to residents of UK and ROI aged 16 and over. To claim your free compilation download, buy any Fairtrade-certified product between 22.02.2010 and 07.03.2010 in UK or ROI, and visit www.cadburymusic.com between 22.02.2010 and 19.03.2010 to enter product details and claim compilation download. Internet access required. Alternative: free compilation in limited edition CD format available to shoppers in participating stores upon purchase of Fairtrade-certified product. To claim, look for signs in-store and ask at the till when making Fairtrade purchase (one CD per customer, while stocks last, between 22.02.2010 and 07.03.2010). The Promoter reserves the right to request proof of purchase. UK Promoter: Cadbury UK, UB8 1DH. ROI Promoter: Cadbury Ireland, Dublin 5.

Terms and Conditions for Cadbury Eyebrows Ringtone

To stop receiving SMS communications from Cadbury, text "STOP" to 68600.

Only available to persons 16 years old and over and UK resident, with a valid UK area code (commencing 07) for their mobile device. Standard operator text, web access and data transfer charges apply. Check your mobile operator terms and conditions for details. You must obtain bill payer permission before sending text or entering mobile device details on the website. Limited availability, ending at the earlier of: (1) recorded download requests from www.aglassandahalffullproductions.com reaching 50,000; or (2) closing date of 12 noon on 31 March 2009. Should (1) occur, Cadbury UK will then consider, but does not guarantee, making further download rights available until the closing date.

You must read these Terms and Conditions before you download the CDM Eyebrows Ringtone (the 'Ringtone'). By downloading the Ringtone, you accept these Terms and Conditions.

About the Ringtone

To request the download you require internet access (from mobile device or computer). To download this ringtone to your phone you will need mobile web access. Details of download charges can be obtained from your network provider. To the fullest extent permitted by law, Cadbury UK excludes all liability in relation to the provision of the Ringtone. In particular, Cadbury UK accepts no liability for any adverse effects upon your mobile device including but not limited to texts delayed or undelivered due to network problems or for any other reason. Cadbury UK does not guarantee compatibility of the Ringtone with your mobile device.

Licence

The Ringtone and all related intellectual property rights are owned by, or licensed to, Cadbury UK. Cadbury UK grants to you a limited, non-exclusive, non-transferable, revocable licence to download and use the Ringtone on a mobile device for your personal non-commercial use. You may not copy, modify, transfer, or otherwise deal with or use the Ringtone except as permitted under these Terms and Conditions.

Restrictions

The Ringtone is available only to persons 16 years of age and older, resident in the UK, with a valid UK area code (commencing 07) for their mobile device.

Charges

Standard operator text, web access and data transfer charges apply. Check your mobile operator terms and conditions for details.

Bill Payer Permission

You must obtain the permission of the person who pays the bill of the mobile device before entering details of that mobile device or sending a text from it to request the Ringtone.

Limited Download Availability and Closing Date

Limited availability, ending at the earlier of: (1) recorded download requests from www.aglassandahalffullproductions.com reaching 50,000; or (2) closing date of 12 noon on 31 March 2009. Should (1) occur, Cadbury UK will then consider, but does not guarantee, making further download rights available until the closing date.

These Terms and Conditions shall be governed by the laws of England and Wales and the courts of England shall have exclusive jurisdiction.

Please see our Privacy Policy at: www.aglassandahalffullproductions.com/html/terms.html#privacy