You must be at least 18 years of age to upload and submit Recipe Materials through the Website. Only Recipe Materials that are created and owned entirely by you should be uploaded and submitted though the Website. Mars has no obligation to use any Recipe Materials that you submit to the Website and has no obligation to store or retain Recipe Materials submitted by you or to make available or return to you any Recipe Materials submitted by you.
By uploading and submitting Recipe Materials through the Website: (i) you represent and warrant to The Cocoa Exchange, Mars Chocolate North America, LLC and Mars, Incorporated and their affiliates, subsidiaries and sub-licensees (collectively, “Mars”) that you own all right, title and interest, including, without limitation, the entire copyright interest, in and to the Recipe Materials; that you have the right, power and authority to grant to Mars the rights granted by you under these terms and conditions; that the Recipe Materials do not, and Mars’ use of the Recipe Materials will not, infringe upon, violate or misappropriate the rights of any third parties; and that the recipe(s) submitted by you are not injurious to any user; (ii) you grant to Mars the non-exclusive, worldwide, royalty-free, fully paid up right to reproduce, publish, publicly display and distribute the Recipe Materials on and through the Website and in social media (e.g., Facebook, Instagram, Twitter, Pinterest) and to, edit, modify, create derivative works of, and to otherwise reproduce, publish, publicly display, distribute and use the Recipe Materials, with or without your name or identity, without notice to you, without approval from you and without any compensation to you, by any means or method and in any product or media whether now or hereafter coming into existence, for any commercial purpose as determined by Mars; and (iii) you agree to indemnify and hold Mars harmless from any and all costs (including, without limitation, attorneys’ fees), expenses, damages and losses arising out of or related to any breach by you of any of your representations or warranties.
Mars is in the business of making chocolate and chocolate and confectionary products (collectively, “Products”). Mars continually strives to develop and create new and exciting Products and invests significant amounts of money, time and energy into independently researching and developing new Products. It is possible that some Products may be the same or similar as recipes submitted by you through the Website. In that event, you hereby acknowledge and agree that such Products will be Products of Mars alone and that you will have no right or claim, and will not make or assert any claim that you have any right or interest, in and to any such Products or in and to any results or proceeds derived from the distribution or sale of such Products.