GENERAL TERMS OF BUSINESS FOR WEBSITES OPERATED BY MARS INC.

Welcome to our website! As a member of Mars Inc. ("Mars"), we provide an information and communication service which, we hope, you will find entertaining and informative. There are a few rules, which our visitors must comply with when using our site. We would therefore request that all our visitors read the terms of business (“agreement”) carefully.

Please read this agreement carefully, in particular the exclusion of liability or indications of limitations on our liability; if you use this site, you will be deemed to have accepted the terms of business contained in this agreement and to have declared that you agree to them.

We do not intend to make frequent changes to our terms of business. However, we reserve the right to amend them. It is therefore always a good idea to read them again each time you visit our site, so that you will have read and agreed to the most recent version of our terms of business. Changes to our terms of business apply only to the future. We shall not generally make any retrospective changes to our terms of business, unless we are legally obliged to do so. If you continue to use our site, you will be deemed to have accepted the new or amended terms.


INTELLECTUAL PROPERTY

COPYRIGHT

All copyright and other industrial property rights to art, graphics, texts, video and audio clips, trade marks, logos and other content made available on this site (the "content") are the property of Mars or are used with permission.

You may copy any part of this website onto your own computer for your personal use. However, you may not copy or incorporate any content provided on the website into other works, including your own website, or use the content in any other way publicly or commercially. This means that you may not publish or broadcast any part of our website, unless we have given you permission to do so. This also means that ownership of said content, such as software or codes which may be downloaded, pictures contained in or produced by the software and any related data, will be retained by Mars. You may not copy, amend, reproduce, upload, transmit, broadcast, apply a reverse engineering process to, disassemble or put into another format by any other means.

You may not change the references to copyright, trademarks or other signs which may be associated with the content. If you wish to add a link to our site’s home page, you may do so, but please do not use our content on your own site. You may not add links to any pages other than our home page without our express written consent.


TRADE MARKS

Unless otherwise indicated, all trade marks used on this site are the property of Mars or our business partners.


SUBMISSIONS

We respect your rights to the protection of personal data, in particular if you are applying for a position at Mars. In addition to job applications, we are happy to receive stories, comments, ideas, graphics, pictures, etc., from you but please bear in mind that by sending or uploading material of this kind to the site, you assign your rights to Mars. Depending on the applicable law, Mars will either own the material that you have sent to this site or you will have granted Mars an exclusive licence to use the same for an unlimited duration.

This means that any stories, commentaries, ideas, graphics, pictures or other information that you send or upload to Mars which do not relate to a job application will automatically either be deemed Mars’ property or, alternatively, Mars will be entitled to use them. Such information will not be confidential and we may use it as we see fit, i.e. reproduce it here or elsewhere, publish or broadcast it, through this medium or in any other currently known medium or any other one which may be invented in the future. In no circumstances will you be entitled to remuneration if we use your submission for any purpose.


RESTRICTIONS ON USE

You may not engage in any activities via the website that are unlawful, insulting or abusive, which infringe the rights of third parties or prevent other users from using and enjoying the site. Without our written consent, you may not monitor or copy the content of our website using a “robot”, “bot”, “spider”, “crawler” or any other automated equipment or manually operated procedures. Nor may you take any actions which could compromise the website’s fault-free operation. You hereby agree to release and indemnify Mars and its subsidiaries, associated undertakings, management and employees from any claims for compensation, liability or expenses (such as lawyers’ fees) in respect of any claims made by third parties due to, or in connection with, your use of the website. We reserve the right to terminate your access to the website at any time without warning, for any reason whatsoever.


NO SUPPORT

While this website contains references to third party products and services, and offers links to third-party sites and information, we neither support these third parties nor provide any guarantees or assurances in relation to them. Links to other sites are only offered for your convenience. You must make your own decisions with respect to third-party products, services or websites.


DATA PROTECTION

Please read our guidelines on data protection and the data-protection consent which we require from you if you apply for a position with Mars, in order to find out which personal information we collect on our site, how we handle it and the purposes for which we use it.


USE OF THIS SITE: LIMITATION ON AND EXCLUSION OF LIABILITY

USE OF THIS SITE; LIMITATION ON AND EXCLUSION OF LIABILITY

  • Compensation for direct loss or damages;
  • Damage which was not directly caused by an action but only by the results or consequences of this action (consequential damage); and
  • Other compensation for damages and expenses such as the compensation of incidental damage, concrete damage or aggravated damages.

This exclusion does not cover liability in the case of death or personal injury or liability in respect of a breach of legal or contractual obligations.

We endeavour to ensure that the information provided on this site is accurate; however, we do not guarantee its accuracy and make no assurances regarding the use or consequences of the use of this site’s content in terms of accuracy, reliability or any other aspect.

Without restricting the above and to the extent that it is legally permissible, the functions and operations of this site and all site content will be made available without any warranty regarding defects or any guarantee of any kind, either express or implied, including but not restricted to implied warranties as to marketability, suitability for a particular purpose, accuracy or non-contravention (however excluding implied guarantees or conditions which cannot be legally excluded). We do not guarantee that your enjoyment of the information on this website will not be disturbed. We do not guarantee that the website, the information contained therein or our efforts will meet your particular purposes or needs.

We reserve the right to remove submissions or other information, which we believe is insulting or otherwise unacceptable. However, we shall not be responsible for material sent in by users or any information contained in sites to which our links direct users. You hereby agree that Mars and its associated undertakings will not be responsible or liable anywhere in the world for the defamatory, insulting, unlawful or illegitimate behaviour of other visitors to this site or other third parties.


REPRESENTATIVE FOR COPYRIGHT QUESTIONS

We shall react appropriately to reports of alleged breaches, which meet the requirements of the U.S. Digital Millennium Copyright Act ("DMCA"), by, for example, removing or preventing access to allegedly unlawful material. Please address any claims or reports of breaches in relation to the website or its content to Mars’ DMCA representative:

Michael I. Raschid, Esq.
Wilson Sonsini Goodrich & Rosati, P.C.
927 Jones Branch Drive, Suite 400
McLean, VA 22102, USA
Fax: +1 703 734-3199
Tel.: +1 703 734-3130
mraschid@wsgr.com

You can obtain a copy of Mars’ DCMA guidelines from the DCMA representative. However, please do not send any other correspondence or enquiries to the DCMA representative; he will only reply to reports and inquiries relating to DCMA.

OTHER

If a provision of this agreement becomes invalid, unlawful or impossible to implement for any reason, this part shall be deemed separate from the terms of business and shall not affect the validity and the possibility of implementing the other provisions. Mars is concluding this agreement in its own name and in the name of its associated undertakings worldwide. Accordingly, Mars will enjoy the benefit of this agreement in the name of these associated undertakings and may enforce it accordingly. Mars reserves the right to use any of the lawful remedies made available to it, should you infringe this agreement.

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