TERMS OF USE

Terms of use

 

Last Updated: October 15, 2012

Ferrero U.S.A., Inc. (“Ferrero,” “we,” or "us”) is the owner of the content on and operator of www.ferrerousa.com, www.tictacusa.com, www.ferrerorocherusa.com, www.nutellausa.com, www.cstore.ferrerousa.com and www.nutellafoodservice.com, boutique.nutellausa.com (each a “Site,” and collectively the “Sites”). Please be advised that Ferrero U.S.A., Inc. is not responsible for any other websites maintained by other companies in the Ferrero Group.


1. Acceptance of Terms of Use. Your access to and use of the Sites are subject to the following terms of use (“Terms of Use”). By accessing or using the Sites, you agree to be bound by these Terms of Use and to comply with all applicable laws. If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site. Ferrero may revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. In addition, certain of the Sites may contain additional terms that govern particular features or offers (such as sweepstakes) (“Program Terms”). Users of the Sites must be eighteen (18) years of age or older to purchase merchandise from the Sites, where available, without the involvement of a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a person under eighteen (18) years old, please be advised that you are fully responsible for her or his use of the Site, including any financial charges or legal liability that she or he may incur. In the event that there is a conflict between any of the terms, conditions and notices of these Terms of Use and the Program Terms, these Terms of Use shall control.

2. Content and Intellectual Property Ownership; Conditional Use of Content. The content and all other materials on the Sites, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trademarks and logos available on the Sites (collectively the “Content”) are owned by Ferrero and/or its affiliates. You may access and use a Site and the Contents thereon solely for personal, non-commercial, or entertainment purposes only. You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Ferrero or the owner of such materials. All rights not granted under these Terms of Use are expressly reserved by Ferrero.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Sites are either the trademarks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Sites. No license is granted to you in connection with any Content contained on the Sites. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. User Conduct/Acceptable Use Policy. A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. Ferrero expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 16.

You are solely responsible for the content, information, and other materials that you post on a Site, submit to a Site, or transmit to other users (including, but not limited to, creative ideas, suggestions, and feedback/information on Ferrero’s products and services) (“User Generated Content”) and agree that you will not hold the Released Parties responsible or liable for any content, information, or materials from other users that you access on a Site.

Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:

• is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;

• infringes or violates another party’s intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Site);

• violates any party’s right of publicity or right of privacy;

• is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

• is inaccurate, false, or misleading in any way;

• is illegal or promotes any illegal activities;

• promotes illegal or unauthorized copying of another person’s copyrighted work or links to said work, or provides information to circumvent any security measure;

• contains “masked” profanity (i.e., F@&#);

• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

We may review, edit, or delete content and materials that you or others send or post to a Site, but are not obligated to do so.

You understand that when using a Site, you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site. Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell the use of, or access to, a Site to any third party.

4. Ownership of Material You Send, Post, Submit, or Transmit; Submissions. From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content. Any User Generated Content that you send, post, submit or transmit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and shall further be entitled to reproduce, disclose, transmit, publish, broadcast, or post in any medium, or edit, modify or delete all or any part of any User Generated Content. Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.

Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public (“Submissions”) and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise. If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).

5. Links to Other Sites. A Site may contain links to other websites that are not owned, operated, or maintained by us. You should note when you leave a Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently asses the authenticity of any website which appears or claims that it is one of our Sites (including those linked to through an email). Despite any links that might exist on s Site, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.

6. Promotions and Offers. From time to time, we may run a promotion (e.g., contest, sweepstakes, instant win game, etc.) or an offer on a Site (“Promotion”). Any Promotion set forth on a Site shall be void where prohibited and subject to the posting of any official rules relating to such Promotion. Each Promotion will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use. Participation in any Promotion requires your acceptance of such rules and conditions.
 
7. Site Transactions. If you choose to purchase any merchandise that is made available through a Site (each, a “Transaction”), you will be asked to provide certain information relevant to your Transaction (e.g., your credit card number, billing address, shipping information, etc.). You represent and warrant that you (i) have the legal right to use any credit card, debit card or other payment method that you use in connection with the Transaction and (ii) are either eighteen (18) years of age or older or have a parent or legal guardian with you to make the Transaction on your behalf. We reserve the right, in our sole discretion, to refuse or cancel any order you place with us. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the product is no longer in our inventory or that of our third party fulfillment provider. In the event that we cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time you placed the order.

8. Privacy. TThe privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy, which also governs your use of our Sites.

9. Export Control. Software or other materials on our Sites may be subject to United States Export Control. No software from our Sites may be downloaded or exported (i) into (or to a national or resident of ) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or other country to which the U.S. has embargoed goods, or any other country where a license would be required, or a restriction or prohibition is in effect, by the United States Department of Commerce Bureau of Industry and Security, United States Department of the Treasury Office of Foreign Assets Control, or other similar rule or agency; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or similar schedules. By downloading or using any software on our Sites, you represent and warranty that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Disclaimer of Warranties/Exclusion of Liability.
YOUR USE OF A SITE IS AT YOUR OWN RISK. THE SITES AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITES, ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT A SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH A SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES A SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF A SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY STATEMENTS, ERRORS, OR OMISSIONS CONTAINED THEREIN, CONTENT PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT THAT INFRINGES UPON ANY THIRD PARTY’S RIGHTS), LINKS TO ANY OTHER WEBSITE OR ITS NATURE OR CONTENTS, OR ANY OTHER MATTER REGARDING A SITE AND YOUR USE OF IT. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES AND COSTS, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND PERSONAL INJURY/ WRONGFUL DEATH), EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH A SITE IS TO DISCONTINUE YOUR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnity. By using a Site, you agree to defend, indemnify, and hold harmless Ferrero, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives, and agents (collectively, the Released Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney’s fees and costs) arising from: (i) any breach by you of any of these Terms of Use, (ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation), (iii) your use of any Content or features available on or through a Site (except to the extent a claim is based upon infringement of a third party right by materials created by Ferrero), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (v) any other matter regarding a Site and your access and use of it.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

12. Governing Law/Jurisdiction. All matters relating to a Site and/or these Terms of Use are governed by the laws of the State of New York (USA), without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to a Site and/or these Terms of Use shall be in appropriate courts located in the County of New York, State of New York (USA). We do not warrant or imply that the Sites or Content/materials on the Sites are appropriate for use outside of the United States. Although our Sites are accessible worldwide, the Content discussed or referenced on our Sites may not be available to all persons or in all geographic areas. In addition, not all persons may be able to participate, be eligible for offers or win prizes, if applicable, in the sweepstakes, contents or similar promotions made available through the Sites. The information set forth on the Sites concerning any products or services is applicable only in the United States. We reserve the right to limit the availability of our Sites and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. If you are located outside of the United States, you are solely responsible for compliance with any applicable local laws.

13. Digital Millennium Copyright Act (“DMCA”) Notice. It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act of 1998 (“DCMA”), including the removal or disabling of access to material claimed to be subject of infringing activity. If you believe in good faith that materials available on one of our Sites infringes your copyright, you should send a claim or notice of infringement relating to the Site or its Consent to Ferrero’s designated agent as follows:

Ferrero U.S.A., Inc.
Attn: Consumer Relations
600 Cottontail Lane
Somerset, NJ 08873
Telephone Number: (800) 688-3552

14. Severability. If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

15. Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

16. Contact Information. Should you have any questions or comments regarding the Sites or these Terms of Use, you may contact us by using our online form available on
www.ferrerousa.com (click on the “Contact US” link) or at the following:

Ferrero U.S.A, Inc.
Attn: Consumer Relations – Terms of Use
600 Cottontail Lane
Somerset, NJ 08873
Telephone: (800) 688-3552 or (732) 764-9300

© 2012 Ferrero U.S.A., Inc. All rights reserved.

TERMS OF USE