Terms And Conditions
By using this Site and/or placing any order for Custom Labeled Ketchup/Mustard Product (the "Product"), you hereby consent and agree to the terms and conditions contained in this Agreement, as well as to the Privacy and Legal Policies associated with websites operated by the H.J. Heinz Company ("Heinz") and Heeter Direct ("Heeter Direct"), which are hereby incorporated by reference.
YOUR REPRESENTATIONS REGARDING PRODUCT ORDERED
You hereby represent and warrant to Heinz and Heeter Direct that:
- You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi).
- Updates or changes made to the label-customizing software may affect the appearance of your saved projects and labels in the Inspiration Gallery. When this occurs, you may want to check your labels and update accordingly.
- The Product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the Product to any third party for commercial purposes, nor will you refill any Product in any manner whatsoever.
- You will not submit any "objectionable" material for inclusion on the Product. "Objectionable" means, among other things, anything that (i) is libelous, defamatory, pornographic, sexually explicit, unlawful, racially or ethnically offensive, (ii) infringes on someone else's patent, copyright, trademark, trade secret or other property right, (iii) is something people would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, or violent, (iv) would breach a person’s privacy or publicity rights, (v) is a misrepresentation of facts, (vi) hate speech, (vii) encourages others to break the law in any way, or (viii) is otherwise inappropriate.
- The material you submitted for inclusion on the Product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party.
- Heinz and Heeter Direct must and do reserve the absolute right to decline orders for the Product that in its sole judgment and discretion contain subject matter that may be considered inappropriate or offensive, including, without limitation, inappropriate, offensive words, acronyms, symbols or other content. Products also may not include: (a) product names, trademarks, copyrights, or business names (including but not limited to, restaurant names); (b) celebrity names or specific sports teams having trademark protection; (c) major events, landmarks, religious or political phrases; (d) names of schools or institutions; (e) website names/references; or (f) political content.
- You hereby agree to defend, indemnify, and hold harmless Heeter Direct, Heinz, their officers, directors, affiliates, employees and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees and costs) due to, arising out of or in any way connected with (i) your Product orders, (ii) Product orders made by any third party using your account or password, or (iii) breach of any representations or warranties contained in this Agreement by you or any third party using your account or password.
- The Submissions through this site are automatically deemed to be either the property of Heinz or can be used by Heinz. This information is not confidential and we can use it as we see fit; this includes reproducing it, disclosing it, publishing it or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Under no circumstances are you entitled to any payment if we do use your submission for any purpose.
- This Agreement will be governed and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws provisions. By using this website you agree to personal jurisdiction of the State of Pennsylvania or the United States District Court for the Western District of Pennsylvania.