Terms of Use | Ferrara Candy Company

Terms of Use

1. Introduction and Acceptance of Terms

Thank you for visiting www.ferrarausa.com (the “Website”). The Website is operated by Ferrara Candy Company, an Illinois corporation (“us”, “we” or “Ferrara Candy”). Your use of the Website is subject to the terms and conditions contained herein (as modified from time to time as provided below), our Privacy Policy, and, for certain goods or services, any additional posted terms and conditions that apply to such services (collectively, the “Terms & Conditions”).

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 Website has been designed to be fun and accessible for kids of all ages. However, for the protection of minors, we require parental consent before a child under thirteen engages in an activity on the Website that involves our collection of personal information. Please see the “Special Provisions for Children” section of our Privacy Policy for more information.

3. Trademarks

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 risks.

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 guarantee 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.