1. Introduction and Acceptance of Terms and Conditions
Thank you for visiting www.ferrarausa.com
We may update the Terms & Conditions from time to time. All changes are effective immediately when we post them to the Website. It is your responsibility to review the Terms & Conditions periodically to learn of any modifications. Your continued use of the Website after the posting of any modified Terms & Conditions shall constitute your agreement to be bound by such modified Terms & Conditions.Your use of the Website indicates that you accept and agree to the Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Website or any goods or services offered through the Website.
2. Certain Age Restrictions
The trademarks, service marks, brand identities, characters, trade names, graphic designs, copyrights and other properties appearing within the Website (the “Marks”) are protected intellectual properties and are owned by Ferrara Candy or are being used by it with permission. You may not use the Marks without our prior written permission.
4. Ownership of Website and Content
The Website, its content, features, and functionality, including, without limitation, all text, images, displays, video, audio, software, and the design, selection and arrangement thereof; are owned by Ferrara Candy, its licensors, or other providers of such materials and are protected by copyright, trademark, and other intellectual property rights and laws. You may use the Website for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, other than to download one copy for your own personal, non-commercial use and not for further reproduction, publication or distribution.Except as expressly provided above, nothing contained in the Terms & Conditions shall be deemed to grant to you any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours, our licensors, or other content providers. We reserve all rights not expressly granted in the Terms & Conditions.
5. Reliance on Information Posted
The information presented on the Website is made available solely for general information purposes. We do not warrant the accuracy or completeness of any such material. Any reliance upon the material on the Website shall be at your own risk.
6. User Contributions
The Website may contain forums or features that allow users to post, submit, publish, display or transmit content to other users or persons on or through the Website. All content submitted by users constitutes “User Contributions”.A. General. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing a User Contribution, you (i) grant Ferrara Candy and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, any such User Contribution in any form and through any media of any kind now known or later developed, for any purpose; and (ii) irrevocably waive and assign to us any and all moral rights you may have in or with respect to any and all User Contributions you post to the Website. Without limiting the foregoing, we shall be entitled to use any User Contribution for any commercial or other purpose whatsoever, without compensation or attribution, and we shall not be liable for future use of the User Contribution or something substantially similar to the User Contribution in our advertising, products or the like.B. Responsibilities with respect to User Contributions. By submitting a User Contribution, you represent and warrant that such User Contribution does and will comply with these Terms & Conditions. You are solely responsible for any User Contribution you submit or contribute, and you have full responsibility for such content, including its legality, reliability or accuracy. We assume no responsibility for monitoring User Contributions and have no obligation to review User Contributions. In addition, we do not guaranty the accuracy, integrity, or quality of any User Contribution. All statements and/or opinions expressed in such content are solely the opinions and responsibilities of the person or entity proving such content.C. Content Standards. Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Contribution that:
- is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise unlawful;
- promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
- is false, misleading, or defamatory;
- is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
- provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless with the explicit permission of the subject of such personal data (including any photos of any person under the age of thirteen without the express permission of such person’s parent or guardian);
- involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Website;
- falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
- contains restricted or password-only access pages or hidden pages or images;
- involves commercial activities or sales unless otherwise agreed by our prior written consent; or
- involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of our or any third party web provider’s servers, computers, or networks.
7. Use Restrictions
You may use the Website only for lawful purposes and in accordance with the Terms & Conditions.
Without limiting the generality of any other provisions of the Terms & Conditions, you may not:
- Use the Website in any way that violates applicable federal, state, local or international law or regulation;
- Impersonate or attempt to impersonate Ferrara Candy, a Ferrara Candy employee, another user or any other person or entity;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Website or any content or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website;
- attempt to gain unauthorized access to any portion of the Website or any content, or any systems or networks connected to the Website, by hacking, password “mining”, or any other illegitimate means;
- probe, scan, or test the vulnerability of the Website or any content, or any system or network connected to the Website;
- reverse look-up or trace any information of any other Website user or otherwise use the Website for the purposes of obtaining information of any other Website user;
- use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Website or any content, or any systems or networks connected to the Website, or with any other person’s use of the Website;
- remove any copyright, trademark, or other proprietary rights notice contained in or on the Website; or
- use the Website or any content for any purpose that is unlawful or prohibited by these Terms & Conditions.
8. Registration and Account Security
To access certain features of the Website, you may be asked to provide certain registration details or other information. If you register, you agree to provide us with accurate and complete information, and to inform us immediately of any changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. We reserve the right to refuse registration of, or disable a user name or password, for any reason in our sole discretion. If you choose or are provided with, a user name and password, you must treat such information as confidential. You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. You shall immediately notify us of any unauthorized use of your account.
9. Changes to Website
We reserve the right to change or discontinue any aspect or feature of our goods and services or the Website, including, but not limited to, content, hours of availability, transmission speed, and requirements for access or use. We will not be liable if for any reason all or any part of the Website is unavailable.
10. Enforcement and Termination
We have the right to:
- Edit, remove, or refuse to post any User Contribution for any or no reason in our sole discretion.
- Terminate your account or suspend or prohibit your access to the Website for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Disclose your identity or other information about you to any third party who claims that any User Contribution posted by you violates their intellectual property or other rights.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on the Website.
11. Links to Other Websites
The Website may contain links to third-party websites. We are not responsible for the content, accuracy or function of such websites. The inclusion of any link to other websites does not imply endorsement by us. Your use of third-party websites is at your own risk.
12. Linking to Our Website
You may link to the Website, provided that (i) you do so in a way that is legal, fair, and does not damage our reputation; and (ii) the website from which you are linking complies in all respects with the Content Standards found in Section 6, above. You may not establish a link in a way that suggests any association, approval or endorsement on our part. We reserve the right to withdraw linking permission and disable any links at any time.
13. Disclaimer of Warranties
The Website, all content, and all goods and services available through the Website, are provided on an “as is” and “as available” basis and, consequently, Ferrara Candy makes no warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, completeness, accuracy, timeliness, non-infringement, freedom from interruption or error, freedom from viruses or other defects, or that the Website will be secure.Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you.
14. Limitation of Liability
Neither Ferrara Candy nor any other party involved in the creating, producing or delivering the Website on our behalf shall have liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, or inability to use the Website or any content or goods or services accessible or available through the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not we are advised of the possibility of such damages.Further, Ferrara Candy shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from the Website. If you choose to download material from the Website, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, shareholders, directors, employees and agents harmless from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against us by any third party due to, arising out of, or related to (i) your access to the Website, (ii) your use of the Website, (iii) any User Contribution posted, uploaded or transmitted by you or any third party using your account or user name, (iv) your use or distribution of any User Contribution, (v) your violation of these Terms & Conditions, (vi) any use of your account or user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person.
16. Entire Agreement; Successors and Assigns
The Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersede all prior to contemporaneous agreements or understandings, written or oral. The Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
17. Waiver and Severability
Any failure by us to enforce or exercise any provision of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
18. Governing Law, International Use
Ferrara Candy operates this website from its office in Oakbrook Terrace, Illinois. These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue.Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its use is illegal is prohibited.
19. Digital Millennium Copyright Act
If you believe any User Contribution or any other aspect of the Website infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The name and address of our designated copyright agent for notice of claims of copyright infringement on the Website is as follows:Periscope
C/O Ferrara Candy Company
921 Washington Ave.
Minneapolis, MN 55415