End User License Agreement
Welcome to the CRACKER JACK® "Surprise Inside" Application (the "Application"), owned and operated by Frito-Lay North America, Inc. ("Frito-Lay", "we", "us" or "our"). We maintain and make available the Application for your personal, non-commercial use only. By accessing and using the Application, you acknowledge and agree to abide by the terms of this End User License Agreement (the "Agreement"), the terms of services of any applicable platform provider, including but not limited to Apple, Facebook, and/or Twitter (each, a "Platform Provider"), as well as all applicable laws, rules and regulations. If you do not agree to the terms of the Agreement, you may not use the Application. The Agreement is subject to change by us at any time, effective when posted on the Application. Your continued use of the Application after such notice will constitute acceptance by you of such changes.
Overview. After downloading the Application to your Android or Apple® iOS product(s) (iPhone® 4, iPhone® 4S, iPad® 2, or iPad® 3), you can select to play one or both CRACKER JACK® games: (1) CJ Ball and/or (2) Cracker Jack at Bat (collectively, the "Games"). Follow the instructions to learn how to play each Game and note that there are two (2) additional levels for each Game (a total of two (4) additional levels in the Application), which can be unlocked by completing preceding levels of play.
Maintenance and Support. No Platform Provider is responsible to provide maintenance and support services for the Application. To get help contact us toll free at 1-800-352-4477 or visit us at www.fritolay.com and click on the "contact" link up top.
- Your failure to comply with the Agreement may result in suspension or termination of your access to the Application, without notice, in addition to our other remedies.
- We also reserve the right to discontinue the Application, or change the content or formatting of the Application, at any time without notice to you, and to require the immediate cessation of any specific use of the Application.
- We grant you a non-exclusive and non-transferable, revocable license to download and install one (1) copy of the Application to your mobile device, and to access and use the Application, solely for your own personal use, subject to the terms of this Agreement and to the terms of service of any applicable Platform Provider.
- You may not use the Application or any Game for any commercial purposes including, without limitation, to sell a product or service; to increase traffic to your Web site for commercial reasons, such as advertising sales; to take the results from the Application and reformat and display them, or use any robot, spider, other device or manual process to monitor or copy any content from the Application. In addition, you may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or a Game to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or any Game; (iv) make the functionality of the Application available to multiple users through any means; or (v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement. To the extent that your contributions through use of the Application give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Frito-Lay an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Frito-Lay's and other players' use and enjoyment of such assets in connection with the Application under applicable law. This license grant to Frito-Lay and the above waiver of any applicable moral rights, survives any termination of this License.
- We and/or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Application. All rights not granted under this Agreement are reserved by us and/or our licensors.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You will comply with all applicable third party terms and conditions when using the Application, including, but not limited to, those of any wireless data service provider or any social media website through which you choose to share. We provide the Application and all Games "as is" and shall not be held liable for your use of the Games, the Application, or any other information, content, or material contained therein. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE APPLICATION AND THE GAMES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
- YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN GAMES AND OTHER MATERIAL OR DATA THROUGH THE USE OF THE APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH PROGRAM MATERIAL OR DATA. Under no circumstances shall we or our affiliates, our licensors or Platform Providers be liable to you on account of your use or misuse of or reliance on the Application.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FRITO-LAY, ANY PLATFORM PROVIDER OR THEIR RESPECTIVE SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OF THEIR RESPECTIVE SUCESSORS OR ASSIGNS (COLLECTIVELY, THE "FRITO-LAY PARTIES") BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE APPLICATION OR THE GAMES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
Indemnity. You agree to indemnify and hold the Frito-Lay Parties harmless from any claim or demand, and any damages, costs, or expenses arising in connection with your use of the Application and with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.
Contact Information. This Application was developed by or for Frito-Lay North America, Inc. Should you have any questions, complaints, or comments, you may contact us toll free at 1-800-352-4477 or visit us at www.fritolay.com and click on the "contact" link up top.
Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws of, and exclusively in or nearest to, the state and federal courts of Collin County, Texas without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts. Any claims asserted by you in connection with the Application must be asserted in writing to Frito-Lay within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
This Agreement was last updated on June 4, 2013.