Terms of Use Agreement
Welcome to the Nielsen-Massey Vanillas website. This website is owned and operated by Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their subsidiaries and affiliates (collectively “Nielsen-Massey”). By using our website, you are agreeing to comply with and be bound by the following Terms of Use. Please read them carefully. Your use of this website constitutes your agreement to the Terms of Use at the time of your visit. If you do not agree with any of these terms, please do not use this website. The term “Nielsen-Massey” or “us” or “we” or “our” refers to Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their employees and affiliates. The term “you” refers to the user or viewer of our website.
Acceptance of Agreement
This Terms of Use Agreement (“Agreement”) governs your use of digital services, this website, mobile applications or other digital platforms (collectively “the website or Digital Services”) and your access to and use of the content, postings, links, pages, services, and /or other materials offered on the website, and any products purchased through this website. By accessing this website, you agree that you are bound by the Agreement and agree to all operating rules, if any, which may be published by Nielsen-Massey on the website. All these rules are incorporated into this Agreement by this reference. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this Agreement.
Privacy
By accepting this Agreement and submitting your personal information on our website, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Please review our Privacy Policy contained in the website to better understand our privacy practices, which also govern your use of this website. Our Privacy Policy is incorporated by reference into this Agreement.
Use of Site, Ownership, Copyright and Trademark Rights
This website is not intended for use by or availability to Children. Nielsen-Massey does not seek or knowingly collect personal information from children. If you are under the age of 18, please do not use this website without adult supervision.
All content, graphics, design, compilation, Vanilla Vine newsletter, and other materials used or appearing on the website are the exclusive property of Nielsen-Massey or its licensors and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property rights) laws. Nielsen Massey®,Nielsen-Massey Vanillas Inc.® and its logo/shield are registered trademarks of Nielsen-Massey. Some material on the website may be owned by third parties and posted on the website by virtue of a license, grant or some other form of agreement between the third party and Nielsen-Massey. You are only authorized to visit, view and retain copies of pages of this website solely for your own individual (non-commercial) use. You may only copy, download or print materials contained in the website for your own personal, non-commercial use and without modifying or altering the materials or any proprietary, copyright, or trademark notices or disclaimers. The copying, downloading, printing, redistribution or republication of any material contained in this website for any commercial purpose is strictly prohibited without the express, written permission of Nielsen-Massey. You do not acquire ownership rights or license to any content, document or other materials viewed through or downloaded from the website. Except as expressly provided herein, you may not use, download, upload, post, copy, reproduce, print, modify, transmit, display, probe, scan or test the vulnerability of the website, not attempt to breach the security or bypass any authentication measures, not upload any viruses or other malicious code, not use any means to collect information or content from the website, redeliver using “framing technology,” create any derivative works based on, distribute, sell, license or otherwise commercially exploit in any way any material, content, or products on the website without the express, written permission of Nielsen-Massey. The posting of information or materials on this website by us does not constitute a waiver of any of our rights in such information and materials.
Third Party Intellectual Property Rights
You may not use this website to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have permission of the owner; or (iii) infringes on the intellectual property rights of others or violates the privacy or rights of publicity others.
If you believe that any content or material contained on this website constitutes a copyright infringement, please notify us at info@nielsenmassey.com and provide us with a written explanation of the alleged infringement.
Links to Other Sites
Nielsen-Massey provides links to other websites. Links to such websites are provided as a convenience to you and your use shall be at your own risk. Nielsen-Massey does not endorse linked sites and Nielsen-Massey is not responsible for the content or practices of any linked site. The content of the linked site and your use of the linked site are governed in accordance with the terms of use for those websites. You should refer to each such website’s individual terms of use and not rely on this Agreement when accessing a linked site. IN NO EVENT WILL NIELSEN-MASSEY BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATED TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY CONTENT, MATERIAL, OR PRODUCTS ON ANY LINKED WEBSITE.
Electronic Communications
The Digital Services may include the option to enter into agreements or transactions and make purchases electronically. You agree to the use of electronic records and signatures in association with the Digital Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Digital Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Digital Services. You may have a legal right to receive certain information from us in writing. You agree that we may e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Nielsen-Massey to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed on the Digital Services. You confirm that you have to ability to access and retain e-mails.
Mobile Services Terms and Conditions
Some of our Digital Services may enable you to send or receive SMS/text messages to or from mobile services. You understand and agree that standard text message rates, as charged by your carrier, may apply. You agree that for SMS/text messages that you send to us, you will only send SMS/text messages via the Digital Services to phone numbers and devices registered in your name and that you will not initiate messages to devices of any other person or entity.
You may be able to download and install certain Digital Services to your mobile device from an app store (“Platform”). These Terms and Conditions of Use constitute an agreement between you and Nielsen-Massey only, and not with the provider of the Platform. Platform providers are not:
To the fullest extent permitted by law, Platform providers do not assume any warranty regarding the Digital Services. Platform providers and their subsidiaries are beneficiaries of the Privacy Policy and these Terms and Conditions of Use and are, after acceptance by you in connection with the access to and use of Digital Services available on Platforms, therefore entitled to (and this right is deemed to have been accepted) derive rights from these Terms and Conditions of Use and raise claims against you.
OTHER USER GENERATED CONTENT
Nielsen-Massey is not responsible for the content of posts, uploads, Feedback, or other communications posted by other users. Nielsen-Massey reserves the right to delete, move or edit content of any such communications that Nielsen-Massey, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Nielsen-Massey is not responsible for such third party communications, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. Nielsen-Massey is not liable for the content of any such communications, whether or not implicating the laws of copyright, trademark, libel, privacy, obscenity, or otherwise.
Revision of Agreement/Revision or Termination of Website
This Agreement may be revised, modified, or amended at any time by us from time to time without specific notice to you. Such revision, modification, or amendment may impose new or additional terms and conditions on your use of the website which shall be effective immediately and incorporated into this Agreement when posted by Nielsen-Massey to this website. You should review the latest postings on each visit to our website. Please note: your use of the website following such revision, modification or amendment indicates your acceptance to such revision, modification or amendment.
Nielsen-Massey also has the right, at any time, to modify or discontinue, temporarily or permanently, the website and/or to refuse or restrict anyone from access to the website, with or without notice and in its sole discretion. Nielsen-Massey shall not be liable for any modification, suspension or discontinuance of the website.
Warranty Disclaimer
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, AND CONTENT ON THIS WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, INFORMATION AND CONTENT, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. NIELSEN-MASSEY MAKES NO REPRESENTATION OR WARRANTIES THAT ACCESS TO ITS WEBSITE WILL BE AVAILABLE ON A CONTINUOUS OR TIMELY BASIS, WILL BE SECURE, UNINTERRUPTED OR WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIELSEN-MASSEY HAS NOT REVIEWED THE ACCURACY OF THE CONTENT OF ANY WEBSITE LINKED TO THIS WEBSITE, IT MAKES NO ENDORSEMENT, EITHER EXPRESS OR IMPLIED, OF ANY WEBSITES LINKED TO THIS WEBSITE, AND YOUR USE OF SUCH LINKS IS AT YOUR OWN RISK. THE MATERIAL PRESENTED ON THIS WEBSITE IS FOR GENERAL INFORMATION ONLY. SHOULD YOU WISH TO PURCHASE A PRODUCT OR SERVICE, PLEASE CONTACT A REPRESENTATIVE OF NIELSEN-MASSEY FOR FURTHER INFORMATION. IN THE EVENT THAT YOU PURCHASE ANY OF OUR PRODUCTS OR SERVICES, WHETHER DIRECTLY THROUGH THIS WEBSITE, THROUGH ONE OF OUR SALES PREPRESENTATIVES, OR THROUGH A LINK DIRECTLY (eg. AMAZON) OR TO ANOTHER VENDOR OR AUCTION WEBSITES, THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY TO SUCH PURCHASE.
Please note that some jurisdictions do not allow exclusion of implied warranties, so the above may not apply to you.
Limitation of Liability
IN NO EVENT SHALL NIELSEN-MASSEY OR ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES DESCRIBED OR SOLD ON THE WEBSITE, OR ANY INFORMATION. CONTENT OR MATERIALS AVAILABLE ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY OR PERSONAL INJURY, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL NIELSEN-MASSEY’S OR ITS AFFILIATES’, DIVISIONS’, SUBSIDIARIES’ OR THEIR RESPECTIVE OFFICERS’, DIRECTORS’ OR EMPLOYEES’ AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR ANY OF THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY.
Please note that some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, Nielsen-Massey’s liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification by You
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NIELSEN-MASSEY AND ITS AFFILIATES, DIVISIONS, SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, MISUSE OF OR INABILITY TO USE, THE WEBSITE, DIGITAL SERVICES, MOBILE APPLICATIONS, THE PRODUCTS, THE CONTENT, INFORMATION, OR MATERIAL CONTAINED, DISPLAYED OR AVAILABLE ON THE WEBSITE.
Choice of Law
The website is controlled by Nielsen-Massey from within the State of Illinois, USA. All matters relating to the Website, Digital Services and these Terms of Use, and any dispute or claim arising therefrom related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Digital Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts..
Dispute Resolution
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, CONTROVERSITY OR DISPUTE ARISING OUT OF OR RELATING TO THE WEBSITE, DIGITAL SERVICES, THIS AGREEMENT OR ANY OTHER POLICIES OR OTHR TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERRUPTION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF THE FOREGOING) (EACH, A “DISPUTE”) MUST BE FILED WITHIN ONE YEAR AFTER SUCH DISPUTE AROSEE. YOU AGREE THAT YOU MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Waiver and Severability
No waiver by Nielsen-Massey of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nielsen-Massey to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.
Separate Entities
Nielsen-Massey Vanillas, Inc., Nielsen-Massey Vanillas International, LLC and their subsidiaries and affiliates are separate entities and none of the entities assume the obligations or liabilities of the other entity. The ownership and operation of this website by the entities does not, and shall not, constitute or imply anything to the contrary.
Miscellaneous
Headings
The section headings in this Agreement are for convenience only and have no legal effect.
Nielsen-Massey DMCA Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”), Nielsen-Massey will respond expeditiously to claims of copyright infringement concerning the Digital Services that are reported to Nielsen-Massey’s Designated Copyright Agent, identified below.
Notifying Nielsen-Massey of Copyright Infringement
To provide Nielsen-Massey with notice of an infringement, you must provide a written communication to the attention of Nielsen-Massey’s Designated Copyright Agent at Nielsen-Massey Vanillas Inc., 1550 Shields Drive, Waukegan, Illinois USA 60085, that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Your notice will need to include:
You may also deliver the above information by mail to Nielsen-Massey’s Designated Copyright Agent at the address below.
Nielsen-Massey Vanillas Vanilla Bliss Prize Pack Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations and ordinances. The Nielsen-Massey Vanillas Vanilla Bliss Prize Pack Giveaway (the “Sweepstakes”) begins on March 1, 2025 at 12:00 a.m. Central Daylight Time (“CDT”) and ends on April 30, 2025 at 11:59 p.m. CDT (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR A CLASS ACTION AND JURY TRIAL WAIVER AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC. (INCLUDING FACEBOOK AND INSTAGRAM), YOUTUBE, GOOGLE, AND TIKTOK PLATFORMS.
Copyright ©2024Nielsen-Massey Vanilla, Inc. All rights reserved.
Questions
If you have any questions regarding this Terms of Use Agreement, you may contact us at info@nielsenmassey.com or at the following address and phone number:
Nielsen-Massey Vanillas Inc.
1550 Shields Drive
Waukegan, Illinois USA 60085
Telephone: 847-578-1550
800-525-PURE (7873)
This Terms of Use Agreement was last modified on November 2024.