Terms of Use

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.].

When certain words and phrases are used in these Terms of Use, they have specific meanings. You can identify these defined words and phrases because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined.

1. Acceptance of Terms of Use. Use of the Sites. 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 the applicable laws in accordance with Section 12 of these Terms of Use. If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Sites. Ferrero may revise these Terms of Use at any time and in its sole discretion 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.

The Sites are made available free of charge. We do not guarantee that the Sites, or any content on the Sites will always be available or be uninterrupted. Access to the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Sites without notice. We will not be liable to you if for any reason the Sites are unavailable at any time or for any period. We may update the Sites and/or change the content on them at any time. Please consult these Terms of Use regularly. The use of the Sites after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Sites.

You are responsible for making all arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and that they comply with them.

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.

2. Content and Intellectual Property Ownership; Conditional Use of Content. The content and all other materials on the Sites, including, without limitation, copyrights and other intellectual property rights in the artwork, graphics, photographs, texts, videos and audio clips, trademarks and logos available on the Sites (collectively the "Content") are owned by Ferrero and/or its affiliates and/or its possible licensors. 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 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.

You must be 18 years old or older to access a Site. By accessing a Site or using any of its features, you declare you are of legal age to enter into these Terms of Use or, if you are not, that you have obtained parental/legal guardian consent to do so.

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;
violates these Terms of Use.

The categories of prohibited User Generated Content listed above are merely examples and are not intended to be exhaustive.

We may delete at our sole discretion User Generated Content that you or other users send or post to a Site. In any case, our decision is final. Ferrero is entitled to remove and/or disable the access to User Generated Content reported as unlawful and / or in conflict with these Terms of Use.

You agree:

not to use the Sites in any way breaches these Terms of Use or any applicable local, national or international law or regulation;
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 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;
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.

7. Promotions and Offers. From time to time, to the extent permitted by local laws, we may run at our own discretion a promotion (e.g., contest, sweepstakes, instant win game, etc.) or an offer on a Site ("Promotion"). Each Promotion will have its own rules and conditions, which shall be in addition to these Terms of Use. Participation in any Promotion requires your acceptance of such rules and conditions. Not all persons based may be eligible to participate to certain Promotions made available through the Sites due to restrictions imposed by local laws: check the terms and conditions of each Promotion to know if it is available to you.

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.

9. Privacy. The protection of your personal data is very important to us. For more information on the 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.

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.

11. Indemnity. To the extent permitted by law, 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 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.

12. Governing Law/Jurisdiction. All matters relating to the 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 the 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. 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. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms of Use operate to the fullest extent permissible by law.

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.

In addition, the Sites may provide some sections that are specifically designed for a particular geographic area ("Local Sections"). Please note that Local Sections may have specific local rules ("Local Rules") that will prevail on these Terms of Use.

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

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 of these Terms of Use shall continue to be in full force and effect.

15. Waiver; Remedies. The failure by us to partially or fully exercise any rights under these Terms of Use, to insist that you perform any of your obligations under these Terms of Use, or if we delay in doing so, will not mean that we have waived our rights against 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, and will not mean that you do not have to comply with those obligations. 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 provided by law.

16. Contact Information. Should you have any questions or comments regarding the Sites or these Terms of Use, or should you need to report any Content that you deem non-compliant with these Terms of Use, you may contact us at the following:

Address: Ferrero U.S.A., Inc., Attn: Consumer Relations – Terms of Use – 7 Sylvan Way, Parsippany, NJ 07054. Telephone number: (800) 688-3552

© 2022 Ferrero Group. All rights reserved.