Welcome to the GULFOIL.COM Site (the “Site”). Cumberland Farms, Inc. and all entities that control, are controlled by, or are affiliated or under common control with, Cumberland Farms, Inc., including Gulf Oil Limited Partnership, are collectively referred to herein as "we," "us" or "our".
Note that special or additional terms may apply to some services or promotions offered on the Site, like rules for particular contests or sweepstakes or other features or activities. Any such terms are posted in connection with the applicable promotion or service. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use and access of the Site and receipt of data, materials, services, and information available at or through the Site, the possibility of our use or display of your Submissions (as defined below in the section titled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Submissions.
USE OF CONTENT
All information, materials, functions and other content (including Submissions) ("Content") contained on the Site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress on the Site are proprietary to us and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, unless you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; and (c) do not use the Content in a manner that suggests an association with any of our products, promotions, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited.
In these Terms, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Site.
You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated consideration). We, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Site, on third-party web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in the section titled "RULES OF CONDUCT") and other requirements of these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms (including the Submissions License). These Terms (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that any Submissions you Distribute on or through the Site contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.
To the extent that we solicit Submissions through features or activities on or through the Site (including games, sweepstakes, contests, promotions and Public Forums (defined below in the section titled "PUBLIC FORUMS AND COMMUNICATION") that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site, or feature offered as part of the Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including (if any) a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails).
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you share on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you share.
RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not share any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these Terms (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE AND SEARCH RESULTS
We also cannot be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
PRODUCT AND SERVICES
Products or services available for sale on the Site may be delivered/provided only within the United States and prices are in U.S. Dollars. We may add, remove, or modify products, services, and prices at any time without incurring any obligation to you.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The Site may contain the opinions and views of other users. Given the interactive nature of this Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of the Site is intended for educational and entertainment purposes only.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
At any time, we may amend these Terms (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms, we will post such amendment or amended terms on the Site. Any such amendment to these Terms will be effective upon disclosure on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In these Terms, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT NOW OR HEREAFTER EXISTING TO HAVE A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY OTHER MATTER REFERENCED HEREIN.
Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site or by electronic mail to a user's e-mail address in our records.
You may contact us by phone at (508) 270-1400 or in writing at 100 Crossing Boulevard, Framingham, MA 01702.
What we collect
We may collect (either directly or through third-party services such as Google Analytics) the following information:
Your name and contact information, including a phone number, postal or email address.
Information we may automatically receive when you visit the Site, including your browser information, Internet Protocol (IP) address, and information collected through cookies, pixel tags and other technologies, the day and time of your visit and the website page you visited prior to visiting the Site.
Demographic information such as age, gender, zip code, preferences and interests.
Information you provide in inquiry or when providing feedback about the Site.
Other information for customer surveys, promotions and/or offers.
What we do with the information we gather
We collect information to understand your needs, provide better service, and enhance our marketing efforts including, without limitation, as follows:
Improving our products and services.
Sending promotional email about new products, special offers or other information which we think you may find interesting.
Market research and internal record keeping purposes.
Customizing the Site according to your interests.
Carrying out our marketing activities.
Fulfillment of products and services.
Responding to your inquiries.
Administering the Site, identifying any server problems, and calculating Site usage levels.
Identifying you to anyone to whom you send messages through the Site.
Sharing with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
We use reasonable physical, electronic and administrative measures to safeguard your personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. IF you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact” section in our Terms.
Third-Party Vendors and Services We use third-party vendors and services, including Remarketing with Google Analytics, in connection with our online advertising and to help us analyze how visitors access and use the Site. Our advertising may be shown on sites across the Internet. Any data collected through our use of Google Analytics will be used in compliance with the Google AdWords Interest-Based Advertising Policy. We also may contract with third-party service providers who may provide services to us such as website hosting, data analysis, infrastructure provision, IT services, customer service, email delivery services, auditing services and other services. As part of the contracts and services, information you provide may be shared by us with any of such third-party vendors. These vendors have separate privacy and data collection practices which are independent of us. We are not responsible or liable for these independent practices, policies or actions.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and allows us to recognize you whenever you visit the Site. A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us.
We may use traffic log cookies to identify which pages on our Site are being used. If used, this helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
In addition, we and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site and to inform, optimize, and serve ads based on your past visits to our Site.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the Site, there may be a box that you can click to indicate that you do not want the information to be used for direct marketing purposes.
If you have previously agreed to our using your personal information for direct marketing purposes, you may change your mind at any time by writing to us at 100 Crossing Boulevard, Framingham, MA 01702 attn: Marketing Department.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Choices and Access
If you no longer want to receive electronic newsletters, marketing communications, and other communications related to other products or services offered by us, you can click on the “unsubscribe” link available in each email or contact us and request to be removed from our email marketing database.
If you would like to review, correct, update, suppress or otherwise limit our use of your personal information that has been previously provided to us, you may contact us.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your personal information from the databases of our affiliates which whom we have already shared it. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages as part of your ongoing use of our products or services.
We ask that you not send us, and you not disclose to use any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Site or otherwise.
Publicly displayed information is public
Information you may provide on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials that may become public information, and may be available to visitors to the Site and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, on the Site. We are not responsible for any personally identifiable information you choose to share with other users or the general public.