Your use of the Website indicates that you accept and agree to the Terms & Conditions. If you do not agree to the Terms & Conditions, do not use the Website or any goods or services offered through the Website.
Occasionally, we may revise the Terms & Conditions. If we make any changes, we will notify you by means of a notice on the Website prior to the change becoming effective. Your continued use of the Website after such notification shall constitute your acceptance of the terms of the revised Terms & Conditions.
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 either owned by us or are being used by us with permission. You may not use the Marks without our prior written permission.
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.
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 Mark or other proprietary right of ours, our licensors, or other content providers. We reserve all rights not expressly granted in the Terms & Conditions.
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.
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. We refer to all content submitted by users as "User Contributions".
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 our and their 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.
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.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Contribution that:
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:
We may, from time to time, allow users to register to access certain features of the Website. In such event, you may be asked to provide certain registration details. 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.
We reserve the right to change or discontinue any aspect or feature of our services or the Website, including, but not limited to, content, hours of availability, transmission speed, and requirements for access or use.
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.
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 7, 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.
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, we make 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.
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.
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.
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.
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.
We operate the 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.
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:
The name and address of our designated copyright agent for notice of claims of copyright infringement on the Website is as follows:C/O Ferrara Candy Company