The Site has been created and is administrated on behalf of Fervalue by Ferrara Candy Company with offices at One Tower Lane, Suite 2700, Oakbrook Terrace, Illinois 60181.
2. Intended use of the Site.
The Site and its Content are for personal, non-commercial use only. You cannot use the Site or its Content in relation to any commercial activity. You can access the Site and its Content only in accordance with the functionalities and procedures set out by Fervalue. Any attempt to evade the protections and the procedures in place in the Site is forbidden.
3. Content and Intellectual Property Ownership; Conditional Use of Content.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or services marks (registered or unregistered) of Fervalue, its affiliates and/or its licensors, unless otherwise stated herein. Fervalue, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with any Content contained on the Site. In its sole discretion, Fervalue, 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.
4. User Conduct/Acceptable Use Policy.
The Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. You understand that content posted by users on the Site does not necessarily reflect the opinions or ideals of Fervalue. Fervalue 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 18.
You are solely responsible for the content, information, and other materials that you post on the Site, submit to the Site or transmit to other users (including, but not limited to, creative ideas, suggestions and feedback/information on Fervalue’s products and services) (“User Generated Content”), and agree that you will not hold Fervalue and / or its affiliates 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, discriminatory, 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 directly or indirectly 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 (e.g. F@&#);
contains software viruses or any other computer codes, 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, at any time and at our sole discretion, content and materials that you or others send or post to the Site, but are not obligated to do so. In any case, our decision is final.
You understand that when using the Site you will be exposed to content and materials from a variety of sources, and that Fervalue is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.
5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions.
We may include features on the Site that allow you to upload, share, send, post, submit or transmit to the Site comments, photos, videos, music or any other material or content that we can allow you to upload (User Generated Content). Please be informed that any User Generated Content that you send, post, submit or transmit may become publicly accessible (in association with your name, user name, town, country and/ or your picture, if applicable) and is and will be deemed and treated as non-confidential and non-proprietary by Fervalue. Such User Generated Content, upon being transmitted to Fervalue, shall immediately become the property of Fervalue and Fervalue shall exclusively thereafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, Fervalue and its affiliates, shall be free to use such User Generated Content, without restriction, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, for any purpose whatsoever (subject to any third-party rights), including, but not limited to:
using and displaying the User Generated Content throughout the world in any type of electronic or digital media for commercial, marketing and/or public relations purposes in perpetuity;
using and displaying the User Generated Content to visitors of other websites and social media network pages, including but not limited to Facebook, Twitter, Pinterest, or Google+.
using and displaying the User Generated Content for developing, manufacturing, advertising, promoting, and marketing products.
Fervalue and its affiliates 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. Fervalue shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Fervalue uses or activities.
You consent to allow Fervalue and its affiliate to contact you through email (or as otherwise indicated by you) regarding any request we may have related to your User Generated Content. The Sites may allow you to send to Fervalue creative ideas, suggestions or materials (“Submissions”); you should not make any Submissions to Fervalue in any communications through this Site or otherwise, unless requested to do so. If you choose to send us a Submission, you are deemed to have accepted any additional terms that govern such Submission (“Submission Terms”).
6. Links to Other Sites.
The Site may contain links to other websites that are not owned, operated or maintained by us. You should note when you leave the Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently assess 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 a Site, we do not control, recommend or endorse, and are not affiliated with those linked 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.
7. Promotions and Offers.
9. Disclaimer of Warranties/Exclusion of Liability.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE 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 THE SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH THE SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE 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 THE 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 THE 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.
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.
11. Governing Law/Jurisdiction.
Although our Site is accessible worldwide, the Content discussed or referenced on the Site may not be available to all persons or in all geographic areas.
Moreover, 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 Site. We reserve the right to limit the availability of our Site and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. You are solely responsible for compliance with any applicable local laws.
13. Digital Millennium Copyright Act ("DMCA") Notice (for USA only). 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 Content to Fervalue's designated agent as follows:
Fervalue U.S.A., Inc. Attn: Consumer Relations 600 Cottontail Lane Somerset, NJ 08873 Telephone Number: (800) 688-3552
14. Waiver; Remedies.
15. Contact Information.