Last Updated: August 2022
FERRERO U.S.A., Inc., with registered office 7 Sylvan Way, Parsippany, NJ 07054 ("Ferrero", "we" or "us") is the owner of the content, as defined below, published on and operator of the website http://www.ferrerorocher.com and microsites like https://www.giveagoldengreeting.com accessed through the aforementioned website (each a "Site" and collectively the "Sites"). Please be advised that Ferrero is not responsible for any other websites maintained by other companies of the Ferrero Group, unless expressly indicated.
The Site has been created and is administrated on behalf of Ferrero by [VMLY&R, Digitas Pixelpark, Berlin Productions, Inc.].
We do not guarantee that the Sites will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Sites and we recommend that you use your own virus protection software.
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 possible 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.
TEXT and DATA MINING. The reproduction and extraction, in whole and/or in part, of the Site for the purposes of text and data mining is not allowed. Ferrero reserves any rights.
3. Intended use of the Sites. The Sites and their respective Content are for personal, non-commercial use only. You cannot access and use a Site and its Content in relation to any commercial activity.
4. User Generated Content/Acceptable Use Policy. A Site may provide you and other users with an opportunity to interact with the Site or with each other by posting on or submitting to the Site comments, photos, videos, music or any other material or content or by interacting with other users including, but not limited to, creative ideas, suggestions and feedback/information on Ferrero's products and services and/or by sharing such contents with each other ("User Generated Content"). You understand that User Generated Content do not necessarily reflect the opinions or ideals of Ferrero or Ferrero’ s employees, directors or shareholders. Ferrero expects that the User Generated Content you post on or submit to the Site and/or share with other users will be lawful, accurate truthful, and that all of its users to be respectful of other people. If you notice any unlawful or at least unacceptable User Generated Content or even merely suspect that it is unlawful or at least unacceptable, you must immediately contact us and report such activity using one of the options listed below in Section 16.
You are solely responsible for User Generated Content uploaded, shared, sent, posted, submitted or transmitted by you. You agree that you will not hold Ferrero responsible or liable for any User Generated Content uploaded, shared, sent, posted, submitted or transmitted by you or by other users in connection to the Sites.
Without limitation, you agree that you will not upload, share, send, post, submit or transmit any User Generated Content that:
is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;
infringes or violates third party rights, including third party 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, unlawful, misleading or fraudulent or promotes directly or indirectly any illegal activities or breaches any applicable local, national or international law or regulation (including laws on intellectual property rights);
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 codes, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
gives the impression that it emanates from or is endorsed by us, if this is not the case;
The categories of prohibited User Generated Content listed above are merely examples and are not intended to be exhaustive.
not to 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;
not to infringe our intellectual property rights or those of any third party in relation to your use of the Sites;
not to do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Sites or any equipment, network or software used in operating the Sites;
not to copy or otherwise reproduce or re-sell any part of the Sites unless expressly permitted to do so by us;
use the Sites to harm or attempt to harm anyone in any way;
introduce or upload or post viruses, trojans, worms, logic bombs or malicious code or do anything that is technologically harmful or could disable, impair or overburden the Sites, in appearance or functionality;
breach, override or circumvent any security or authentication measures;
gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of service attack;
copy, scrape, use, disclose or distribute any information obtained through the Sites that you do not have the right to disclose or without our express written consent;
reverse engineer, disassemble or otherwise attempt to derive the source code for any of the Sites or related technology, modify or make derivative works based on the Sites;
sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Sites;
monetize the Sites or related data or access to the same without our express written consent (such as aggregating data to expose other users to unsolicited or unauthorized advertising, junk mail, spam, or any other form of solicitation);
access the Sites through any means other than through the interfaces we designate;
access, collect, and/or store data from the Sites (including monitoring the Sites availability or performance for competitive purposes), whether using automated means or not, without our express written consent.
If you have one of the conducts listed above, you will breach the applicable law. Accordingly, we will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by providing the information requested by them. In the event of such a breach, your right to use the Site will cease immediately.
5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions. We may include features on the Sites that allow you to upload, share, send, post, submit or transmit 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 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, to the extent permitted by law, Ferrero 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.
To the extent permitted by law, Ferrero 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. 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.
You consent to allow Ferrero and its affiliates to contact you through email (or as otherwise indicated by you) regarding any request we may have related to your User Generated Content.
Please consider that in connection to certain User Generated Content consisting of creative ideas or materials (“Submissions") the Sites may require you to accept additional terms that govern such Submission ("Submission Terms"). You should not make any Submissions to Ferrero in any communications through the Sites or otherwise, unless requested to do so.
6. Links to Other Sites. A Site may contain links to third party websites that are not owned, operated or maintained by us. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms and policies of that third party website. 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). We assume no responsibility for the content of websites linked to from the Sites (including links to our commercial sponsors and partners) and have no control on it.. Such links should not be interpreted as endorsement by us of those linked websites. Viewing any third party site is at your own risk. We will not be liable for any loss or damage that may arise from your use of them. You are not permitted to frame the Site on any other website or to link to any part or section of the Sites and / or the Contents included therein, in whole or in part, without prior written consent of Ferrero.
8. Site Transactions. If you choose to purchase any good and/or service on 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 to refuse or cancel any order you place with us when your payment or billing information cannot be confirmed for causes non depending from us and/or for any other justified reason not depending from our fault,. 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. You will not be in any case charged for such order and, in case we charge you, we will refund you the entire amount paid.
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), 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. In particular, the limitation above will not apply in case of gross negligence or wilful misconduct of Ferrero.
You agree to use best efforts to cooperate with us in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Although our Sites are accessible worldwide, the Content of our Sites may not be always available to all persons or in all geographic areas. We reserve the right to limit the availability of our Sites to any person or geographic area in our sole discretion and at any time.
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 Content to Ferrero's designated agent as follows:
Attn: Legal Department – DMCA
c/o Ferrero USA
7 Sylvan Way
Parsippany, NJ 07054
Tel.: (800) 688-3552
© 2022 Ferrero Group. All rights reserved.