Terms of Use
Last Updated: December 15, 2017
FERRERO CANADA LTD., with a registered office at 100 Sheppard Avenue East, Suite 900, M2N 6N5 North York, Ontario ("Ferrero", "we" or "us") is the owner of the content on and operator of this website and microsites accessed through this website (each a "Site" and collectively the "Sites"). Please be advised that Ferrero is not responsible for any other websites maintained by its corporate affiliates.
The Site has been created and is administrated on behalf of Ferrero by Ogilvy Interactive S.r.l. with registered office at 20158 Milan, Viale V.Lancetti, 29.
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 Sites. Ferrero may revise these Terms of Use at any time and in its sole discretion by updating this posting. Accordingly, please visit this page to review the then current Terms of Use. If you do not agree with any revision, you must stop using and accessing the Sites. Your continued access or use of the sites after any such revisions are posted will constitute your acceptance of these changes.
2. Intended use of the Sites. The Sites and their respective Content (as defined below) are for personal, non-commercial and entertainment use only. You cannot use a Site and its Content in relation to any commercial activity.
Some Content or features may be subject to age restrictions, depending on what is appropriate or legally permitted for certain ages. We will inform you when additional age restrictions apply and you accept to comply with age requirements and to be subject to age verification. 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.
3. 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 or licensed for use by Ferrero and/or its affiliates. You may access and use a Site and the Contents thereon solely for personal, non-commercial, and entertainment purposes. 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 and its licensors.
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. Except as expressly provided in these Terms of Service, 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.
4. User Conduct/Acceptable Use Policy. A 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 a Site do not necessarily reflect the opinions or ideals of Ferrero. Ferrero expects all of its users to be respectful of other people. If you notice any violation of the acceptable uses set out in this section, or other unacceptable conduct by any user, you should contact us and report such activity using the contact information listed below in Section 15.
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 (as defined below in Section 11) 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 (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; 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 our sole discretion content and materials that you or others send or post to a Site, but are not obligated to do so. In any case, our decision is final.
You understand that when accessing or using the Site, you may 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 content and materials that are not generated by Ferrero.
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. Furthermore, 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.
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 a Site comments, photos, videos, music or any other material or content that we can allow you to upload (i.e. 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). You assign all right, title and interest in and to any User Generated Content that you submit to us upon the transmission of such content to a Site. Furthermore, 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.
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 affiliate to contact you through email (or as otherwise indicated by you) regarding any request we may have related to your User Generated Content.
6. Links to Other Sites. A Site may contain links to other websites that are not owned, operated or maintained by us. You should 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 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.
7. Promotions and Offers. From time to time, we may run at our own discretion 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. Eligibility to participate in a Promotion may be restricted.
8. Site Transactions. If you choose to purchase any merchandise that may be 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.
9. Privacy. The 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.
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 OR ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT AVAILABLE THROUGH THE SITES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT A SITE, OR ANY 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. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 of your 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. The Sites are accessible worldwide, but are specifically designed for use by residents of Canada. 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. You are solely responsible for compliance with any applicable local laws.
All matters relating to a Site and/or this these Terms of Use are governed by and construed in accordance with the laws of Ontario and the Federal laws of Canada applicable therein, 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 this Privacy Policy shall be in appropriate courts located in Ontario.
13. 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.
14. 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.
15. 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:
100 Sheppard Avenue East, Suite 900, M2N 6N5 North York, Ontario, 416-590-0775