Nosherie Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CARGILL’S NOSHERIE℠ APPLICATION
These terms and conditions (the “Terms”) are a legal agreement between You (“You”) and Cargill, Incorporated with a principal place of business at 15407 McGinty Rd W, Wayzata, MN 55391, United States (“Cargill,” “us” or “we”) pertaining to Cargill’s Nosherie℠ application (“Nosherie” or “App”). The application is a consumer research platform built by the food industry for the food industry. It is a fun and exciting way for consumers to discover, try and buy new food products and food service providers to obtain feedback from consumers on their products and services in real time. The application may be executed through our website, mobile and web applications, social media platform, membership program, or other online services (collectively, the “App”).
YOUR ACCESS TO AND USE OF THE APP IS SUBJECT TO THE FOLLOWING TERMS AND ALL APPLICABLE LAWS. BY ACCESSING USING, DOWNLOADING OR INSTALLING THE APP YOU AREE TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. If You do not agree to these Terms, we do not grant You permission to use the App.
When using particular services or features of the App, both these Terms and a separate contract, terms of service or similar agreement (“Additional Terms”) may apply to Your use of that service or feature. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms state otherwise.
You must be over 18 and have reached the age of majority in your state of residence in order to use the App.
These Terms are only available in the English language. You should also print a copy of these Terms for Your future reference.
We may revise and update these Terms at any time without notice by posting the amended Terms to the App. Your continued use of the App means that you accept and agree to the revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with this App, your sole and exclusive remedy is to discontinue use of the App. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE APP.
1. YOUR ACCESS TO THE APP
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom You have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail with respect to the App Store itself.
We and our service providers are responsible for any maintenance and support of the App, and You acknowledge that any App Store Provider from whom You download the App is not under any obligation to You to carry out any maintenance and/or support for the App itself.
These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time by notifying You of a change when You next start the App (we may also email You about any material changes to the Terms). The new terms may be displayed on-screen, and You may be required to agree to them to continue Your use of the App. The date these Terms were last updated appears at the bottom of these Terms.
From time to time, we may issue updates to the App. Depending on the update, You may not be able to use the App until You have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, You may be required to obtain certain updates and/or upgrades to Your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device You use to access the App will require certain software in order for the App to work correctly and it is Your responsibility to ensure that You have the required up-to-date software, and (b) the App has not been developed to meet Your individual requirements, and it is therefore Your responsibility to ensure that the functionality of the App meets Your requirements.
You may only download and install the App onto a device that You own, or if You do not own the device, You must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not You own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.
Access to the App may be suspended without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
2. PERMITTED USE AND RESTRICTIONS
In consideration of You agreeing to abide by these Terms, we grant You a non-transferable, non-exclusive licence (i.e., permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorised App Store Providers only, and You may view, use and display the App for Your personal purposes only.
Except as explained in these Terms or as permitted by any applicable local law, You agree: (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, vary or modify the App (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, and (d) not to provide or otherwise make available the App in whole or in part in any form to any person without prior written consent from us.
You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
3. SECURITY AND PASSWORDS
You may secure your account through the App using a one-time password authentication process. By selecting “Yes” and supplying your mobile number, you agree to receive an automated text from Cargill, Incorporated, Nosherie and on its behalf for a one-time password authentication text message. Message frequency may vary depending on user’s sign-on success. Reply STOP to cancel, HELP for help. Message and data rates may apply.
You must keep Your password and any other authentication information confidential. You must not disclose it to anyone else. If You know or suspect that anyone other than You knows Your password or any other authentication information, You must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of the App.
We have the right to disable any password, or other authentication information whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms.
You may not authorize other persons to use or access Your account. Duplicate accounts are subject to cancellation and any Rewards and/or Incentives accumulated in the original and duplicate accounts will be immediately forfeited. When You choose to provide information to the App, You agree to provide only truthful, accurate, current and complete information. We reserve the right to review Your registration before permitting access, to deny access to the App, and to terminate Your access to the App, for any reason or no reason, in our sole discretion without notice and without liability.
4. YOUR PROMISES TO US
You promise to us that (a) You are authorised to agree to these Terms, (b) You are not located in a country subject to a United States government embargo, nor are You located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) You are not listed on any United States government list of prohibited or restricted parties, (d) any information submitted by You shall be at Your own risk, and (e) You will not disclose nor allow to be disclosed by any means any confidential information belonging to us that You become aware of.
We control the App from offices located in the United States of America. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any registration requirement within such jurisdiction or country. The laws of other countries differ regarding the access and use of the App. We make no representations regarding the legality of the App in any other country, and it is Your responsibility to ensure that Your use complies with all applicable laws outside of the U.S.A. Anyone using or accessing the App from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the App to any person, geographic area, or jurisdiction at any time and in our sole discretion.
5. PRIVACY
These Terms also incorporate the terms of our privacy policy (as updated from time to time), which is available from within the App and on our website at Online Privacy Policy | Cargill (the “Privacy Policy”) unless any element of the App is subject to a separate privacy policy, which we notify to You. Our Privacy Policy explains how Your personal information will be collected and used as well as other information regarding Your privacy (such as how You can adjust Your privacy settings).
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to You, and that You have no rights in, or to, the App other than the right to use it in accordance with these Terms.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the App identify the services and products of us or our customers and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
- In a manner likely to cause confusion
- To identify your products or services
- In, as, or part of your own trademarks or service marks
- In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
- In a manner that disparages or dilutes the Marks.
Please feel free to browse the App. In general, and unless otherwise posted, you may review and print copies of material from the App, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the App.
You are not permitted to make or distribute copies of material on the App for any commercial purpose without prior written permission from us. None of the material contained on the App (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of us. Except as otherwise noted, all content of the App is:
Copyright © 2021 Cargill, Incorporated. All rights reserved. Cargill has a policy of terminating services to users who wilfully and/or repeatedly infringe. For further information regarding permission to use material from the Website, please contact us at hello@nosherie.app.
Cargill respects the intellectual property of others, and we ask visitors to our App to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Cargill:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on the App;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Address: Designated Agent for Intellectual Property
Chief IP Counsel
Cargill, Incorporated
15407 McGinty Rd W
Law Department – Mail Stop 24
Wayzata, MN 55391
Telephone: 952-742-7575
E-mail: law_ip@cargill.com
7. USER CONTENT
Whenever You make use of a feature that allows You to upload any content such as any responses, text, audio, video, or other content via the App (“User Content”), or to share any User Content with other users of the App, You promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent Your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You acknowledge that any User Content You upload could pose us a significant risk if it breaches these Terms, and You therefore, to the extent permitted by law, agree to indemnify, defend, and hold harmless us and our customers from and against all third-party claims arising out of any of Your User Content. We will not be responsible, or liable to any third party, for any User Content submitted by You or any other user of the App.
Any User Content You upload to the App and any feedback or suggestions You provide to us regarding the App will be considered non-confidential and non-proprietary, and we have the irrevocable, worldwide, royalty-free, non-exclusive right (subject to our Privacy Policy) to use, copy, edit, distribute and disclose it to third parties for any purpose without limit in time and without payment to You. Whilst we may not actively monitor any User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
8. THIRD PARTY SITES AND SERVICES
The App may contain links to or allow You to share content directly with other third party services such as Facebook, Twitter or Instagram, or make purchases directly from other third party retail services (altogether “Third Party Services”). You acknowledge that we have no control over the Third Party Services and are not responsible for their contents and/or availability.
We do not endorse the content or other material contained in the Third Party Services and have no association with their operators. Your use of the Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is Your responsibility to read and comply with the Third Party Terms.
9. DISCLAIMER AND LIMITATION OF LIABILITY
WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WE TAKE REASONABLE PRECAUTIONS TO PREVENT THE EXISTENCE OF COMPUTER VIRUSES AND/OR OTHER MALICIOUS PROGRAMS, WE ACCEPT NO LIABILITY FOR THEM. WE ALSO MAKE NO PROMISES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT IN THE APP IS ACCURATE, COMPLETE OR UP TO DATE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, WHICH MAY APPLY TO THE APP, WHETHER EXPRESS OR IMPLIED.
WE ONLY SUPPLY THE APP FOR DOMESTIC, PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE THE APP FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law.
Nothing in these Terms restricts any legal rights You may have as a consumer.
10. TERMINATION
We may terminate these Terms and Your permission to use the App immediately if (a) You commit any breach of these Terms, (b) we discontinue the App or a portion thereof, or (c) we are prevented from providing the App for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or Your access to it at any time with or without notice to You: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (a) all rights granted to You under these Terms will immediately cease, (b) You must immediately cease all activities authorised by these Terms (including Your use of the App), (c) You must immediately uninstall and remove the App from Your device(s), and (d) You acknowledge that we may restrict Your access to the App and/or remove it from Your device.
11. COMMUNICATION BETWEEN US
If You wish to contact us in writing, or if any condition in these Terms require You to give us notice in writing, You can send this to us by e-mail or by prepaid post using the contact details at the bottom of these Terms. If we have to contact You or give You notice in writing, we may do so by e-mail or using any other contact details You provide to us.
12. USING THE NOSHERIE APP
12.1 By downloading and using the App or otherwise providing us with any of Your personal information in the App, You represent and warrant that: (i) You are at least 18 years of age and have reached the age of majority in your state of residence and that You will abide by the provisions of these Terms, and that You will use the App solely for Your personal, non-commercial use, in a manner consistent with these Terms and any and all applicable laws and regulations.
12.2 By downloading and using the App, you agree that Nosherie will personalize recommendations for You based on Your activities and interests on the App.
12.3 By downloading and using the App, You understand and agree to receive Sample Boxes from Nosherie. Sample Boxes refer to packages of food products that You may receive from Nosherie based on Your activities and interests on the App.
13. DISCLAIMER AND LIMITATION OF LIABILITY ON SAMPLE BOXES
WE PROVIDE THE PRODUCTS IN THE SAMPLE BOXES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CARGILL AND NOSHERIE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF ANY PRODUCT INFORMATION, INCLUDING BUT NOT LIMITED TO:
- PRODUCT NAMES
- TRADEMARKS OR SERVICE MARKS
- BRANDS OR LOGOS
- PRODUCT CLAIMS
- NUTRITION
- INGREDIENTS
- ALLERGENS
- FOOD CLAIMS, INCLUDING BUT NOT LIMITED TO FOOD
- CHARACTERIZATION, DIETARY CLAIMS
- PACKAGE WEIGHT
14. PARTICIPATING IN NOSHERIE SURVEYS
The provisions of this section in conjunction with all other general terms, shall apply to your participation in nosherie surveys.
14.1 By participating in a Nosherie survey or otherwise providing us with any of Your personal information, You represent and warrant that: (i) You are at least 18 years of age and have reached the age of majority in your state of residence and that You will abide by the provisions of these Terms, and that You will use the Network solely for Your personal, non-commercial use, in a manner consistent with these Terms and any and all applicable laws and regulations.14.2 Surveys refer to the collection of feedback from You relating to Cargill and/or its customers’ products and services, or the food service industry in general, which may include activities such as answering questionnaires, survey forms, or other forms of providing feedback to Nosherie about food items you receive in Sample Boxes.
14.3 By participating in Surveys, You may help Cargill and/or its customers develop ideas including but not limited to ideas concerning the quality, variety, flavors of food items or other customer products or services. Surveys may be launched to test new product ideas and/or new menu items that are in developmental stage. The ideas, menu items, ingredient composition or other ideas being tested (collectively, the “Products”) all represent confidential information of Cargill and/or Nosherie’s customers. By participating in such Surveys, You agree:
(a) To hold in confidence the secrecy of any confidential technical or business information about Nosherie and/or Cargill’s customers’ Products which are disclosed, or made available to You directly or indirectly, or is information You otherwise receive incident to Your participation in any Surveys; to accept a moral and legal obligation not to use or disclose any confidential technical or business information during and after participation in the survey.
(b) That, unless otherwise indicated, the Products shown to You, and described to You, are not available for sale and no offer for sale is being made to You. You agree that any ideas, terms, designs, logos, trade dress, developments, inventions, text, and creative works, whether protectable as trademarks, copyrights, patents or otherwise, or suggestions contributed by You pertaining to products or services on the App (or if you provide any suggestions for new products or services) shall be the property of Cargill and/or Cargill’s customers to use in any manner they see fit. By participating, You agree that any compensation You receive (monetary or otherwise) will be sufficient for participation, which includes Your agreement to abide by the confidentiality terms set forth in this agreement. You further represent that neither You nor any member of Your immediate family or household is employed by a company or organization that competes with any customer of ours in whose Survey you participate. You further agree that you will not sell or accept any offer to sell to any third-party information relating to a Survey in which you participate.
You understand and acknowledge that Nosherie and/or Cargill’s customers, may from time to time, provide their own terms and conditions, before You participate in a Survey. If there is a conflict between those term and these, the customer’s terms will control, provided that Section 12.6 of the Terms shall always apply to any and all Nosherie Surveys.
14.4 Surveys may be conducted either on the App, or in person by representatives of Cargill or Cargill’s customers. If Surveys call for Your physical presence, additional terms and conditions may apply and shall be communicated to You either before, or at the time of the Surveys.
14.5 By participating in the Surveys, You acknowledge that You will need to complete a profile on the Nosherie App. Information required on Your profile may include Nosherie needs to collect and process certain personal data from You in order for You to participate in any Surveys: including but not limited to first name, last name, address, email address, and age. This personal data will only be processed for the purposes of carrying out the Surveys, assessing the Surveys, and in sending of anonymized or de-identified aggregated data to Cargill’s customers. Unless You are asked and provide Your express consent, Your first name, last name, address, or email address will not be shared with any of Cargill’s customers. The personal data You provide to Nosherie will be processed in accordance with our Privacy Policy available here. You can terminate Your agreement to these terms and conditions at any time by sending an email notice to hello@nosherie.app
14.6 Notwithstanding anything herein, by participating in the Surveys, You understand, acknowledge and agree that Cargill has a perpetual, right to use any and all data You provide, including but not limited to feedback and other content, in an aggregated and disaggregated format, for any purpose, including but not limited to internal and external commercial or marketing purposes.
14.7 If you participate in a promotion through the App, such as a sweepstakes or contest, You may be asked to provide additional personal information or materials, or You may be required to do so as a condition of entry in the promotion. Rights in any submitted data and materials for a promotion will be governed by the Official Rules of the promotion. Should there be any conflict between the Official Rules and these Terms, the Official Rules will control with respect to information and materials submitted for that specific promotion. This paragraph does not apply to information or materials submitted outside of the promotions context.
14.8 You understand that You will also be solely responsible, at Your expense, for any and all third-party devices, personal computers, cell phones, hardware and/or software that You may use to participate in the Surveys. There may be standard fees and charges that may be applied by Your cell phone carrier, or internet provider. It is Your responsibility to check with Your communication services provider to ensure You are aware of any such fees and charges.
14.9 You understand, acknowledge and agree that any information You provide in response to any Surveys will be true and accurate.
15. REWARDS AND INCENTIVES
If You participate in any Surveys, You may receive rewards or incentives (collectively referred to as “Rewards”). These Rewards may include discounted menu items from Cargill’s customers, or special rewards or discounts at participating restaurants in the United States (“U.S”).
15.1 Nosherie or its customers may offer You a way to receive Rewards for non-purchase activities, such as participating in Surveys. The award of any Rewards in conjunction with any Surveys will be subject to these Rewards terms and any other additional terms at the time of the activity. The award of any Rewards will be subject to Nosherie’s satisfaction, in our sole discretion, that all applicable terms and conditions were met by You personally, and that You did not use fraudulent methods or otherwise attempt to circumvent the rules, or You did not engage in any unfairness or improper conduct in completing the activities.
15.2 You are solely responsible for satisfying all taxes, and other legal requirements, including those applicable to incentive payments or other compensation You may receive for participating in Tasks. In accordance with U.S. tax law, You may be required to provide us with an updated address and social security details, or tax documentation, such as an IRS Form W-9. We or our partners/service providers may notify the IRS about the compensation You receive from participation in the Tasks.
15.3 You and We acknowledge and agree that Your relationship with Us under these Terms shall be that of an independent contractor. As an independent contractor, You shall not receive nor be entitled to a salary or other wages or any benefits or privileges that we provide to our employees. Nothing in these Terms shall be construed or considered to create a relationship of employer and employee, principal and agent, partner, joint venturer or any other relationship other than that of an independent contractor between the parties hereto. Accordingly, You and We agree that:
(a) You will be treated as an independent contractor with respect to Your role as a user of the Nosherie App for all purposes, including federal, state and local tax purposes. Accordingly, we shall not withhold or pay on Your behalf any amounts relating to federal, state or local income taxes, unemployment compensation, workers’ compensation, social security or other taxes or assessments.
(b) If requested to do so, You shall supply Your social security number to us for proper reporting of compensation to the Internal Revenue Service.
(c) You will never be asked to perform tasks, duties, or otherwise which will render Your services to be that of an employee.
(d) None of our employees or agents or customers have the right to engage You in any way other than as specified herein in connection with any actions You perform in connection with the App. If You feel that Your independent contractor status has been in any violated or modified, please cease all work and activities being performed for us and promptly contact us for further direction.
(e) You will not be provided great detail or strict guidelines about how to complete Surveys.
(f) You will rely on Your own expertise to accomplish all necessary tasks within the parameters and objectives stated for each Surveys, although best practices and background knowledge may be shared with You to increase Your chance of success. You may be given direction as to the results to be accomplished, but not as to the details and means by which the results are accomplished.
(g) You will be rewarded on a per-completion basis.
(h) You will be responsible for providing all tolls necessary to complete Surveys, including a computer, Internet access or cell phone.
16. SOCIAL MEDIA ENDORSEMENT, INFLUENCE, AND REVIEWS
In the event Cargill offers You the opportunity to enter into a business arrangement with Nosherie to become a Nosherie Influencer, additional terms and conditions may apply and shall be communicated to You either before, or at the time of such business arrangement.
In the event You provide a social media endorsement, testimonial or review (“Endorsement”) of Nosherie, its Surveys (to the extent permitted by Your confidentiality obligations), or any other service provided by Nosherie, You must disclose any material connection You have with us in a simple and clear way; and You must provide an accurate and truthful review.
You understand and agree that it is Your responsibility to comply with applicable law when providing an endorsement or review of Nosherie, its Surveys, or any other service provided by Nosherie. Additional information related to Your responsibilities can be found at the Federal Trade Commission’s website: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf and https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers.
You understand and agree that we shall have the irrevocable, perpetual, worldwide, royalty-free, non-exclusive right to distribute, display, perform, and otherwise use such Endorsement in any manner in any media now known or hereafter devised for any reason whatsoever for so long as you have a profile and/or account on the App and any time thereafter. You shall have no claim to compensation or benefits (other than as specifically set forth in any separate agreement You might enter into) or any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use (in accordance with the terms hereof), alteration, blurring, distortion or use in composite form of your persona (as may be defined below) or social media posts. In addition, You hereby waive the benefit of any law known as droit moral (or moral rights) and of any similar law anywhere in the world.
17. OTHER IMPORTANT TERMS We may transfer our rights and obligations under these Terms to another organisation, but this will not affect Your rights or our obligations under these Terms.
If we fail to insist that You perform any of Your obligations under these Terms, or if we do not enforce any of our rights against You, or if we delay in doing so, that will not mean that we have waived any of our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than You and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are governed by Minnesota law and the courts of Hennepin County will have non-exclusive jurisdiction. To the fullest extent permitted by applicable law, you agree that NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
These Terms were last updated on March 30, 2021.
18. ABOUT US
Nosherie App
Cargill, Incorporated
15407 McGinty Rd W
Wayzata, MN 55391
App Terms of Use Inquiries
Cargill Corporate Affairs #50
Cargill, Incorporated
PO Box 9300
Minneapolis, MN 55440-9300