TERMS OF USE
1.
INTRODUCTION AND ACCEPTANCE
PLEASE READ THESE
TERMS CAREFULLY BEFORE USING OUR WEBSITE. IN EXCHANGE FOR YOUR AGREEMENT TO THESE TERMS, WE GRANT YOU THE RIGHT TO
USE OUR WEBSITE AND ITS RELATED FEATURES AND BENEFITS. YOU ACKNOWLEDGE YOUR AGREEMENT TO THESE
TERMS, AS WE MAY MODIFY THEM FROM TIME TO TIME, BY USING OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, DO
NOT USE OUR WEBSITE.
2.
OTHER TERMS
These Terms of Use, together with our Privacy Policy set forth the general rules and conditions associated with use of our Website. Certain products, services or programs available through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
3.
INTELLECTUAL PROPERTY
The Website and included content (and any related derivative works or
enhancements) including, but not limited to, all text, illustrations, files,
images, software, scripts, graphics, photos, sounds, music, videos,
information, content, materials, products, services, URLs, technology,
documentation, and interactive features and all associated intellectual
property rights (collectively, the “Website Content”) are owned by us or our
licensors. Additionally, all
trademarks, service marks, trade names and trade dress that may appear on our
Website are owned by us or our licensors. Except for the limited use rights described in these Terms of Use, you
shall not acquire any right, title or interest to our Website or any Website
Content. Any rights not expressly
granted in these terms of are expressly reserved.
4.
WEBSITE ACCESS AND USE
(A)
Access to our Website
including, without limitation, the Website Content is provided for your
information and personal, non-commercial use only. In using our Website, you
agree to comply with all applicable federal, state, and local laws including,
without limitation, copyright law. Except as expressly permitted in these terms, you may not:
(i) use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without our prior written consent or, in the case third-party content, its respective owner. However, if we permit you to download or print Website Content, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You never acquire any ownership rights by downloading or printing Website Content;
(ii) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on our Website or Website Content;
(iii) circumvent, disable or otherwise interfere with security-related features of our Website including, without limitation, any features that prevent, restrict, or enforce limitations on the use of our Website or any Website Content;
(iv) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Website for the sole purpose of and to the extent necessary to create a searchable index of Website Content available to the public;
(v) collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses;
(vi) attempt to or interfere with the proper working of our Website;
(vii) decompile, reverse engineer, or disassemble any portion of our Website. Nor may you use network-monitoring software to determine our Website architecture or extract usage data;
(viii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account without permission, etc.);
(ix) engage in any conduct that restricts or inhibits any other user from using or enjoying our Website.
5.
USER REGISTRATION
(A)
Registration may be required
to access or use some features on our Website. In certain instances, authorization of your parent or
guardian may be required to complete registration.
(B)
You agree to provide true,
accurate and complete registration information and promptly update any
information that has changed. You
are responsible for safeguarding and maintaining the confidentiality of your Account,
including your user name and password. You are solely responsible for the activity that occurs under your
Account, whether or not you have authorized the activity. You agree to notify us immediately at
customer.service@us.pvmgrp.com of any breach of security or unauthorized use of
your Account.
6.
USER CONTENT
(A)
Our Website may now or in
the future permit users to post, upload, transmit, or otherwise provide
messages, recipes, text, illustrations, files, images, graphics, photos,
comments, sounds, music, videos, information, content, or other materials
(“User Content”). Subject to the
license you grant to us below, you retain all right, title and interest to your
User Content. We do not guarantee
any confidentiality with respect to User Content even if it is not published on
our Website. It is solely your
responsibility to monitor and protect any intellectual property rights you may
have to your User Content.
(B)
You shall not post, upload,
transmit through, or otherwise make available on our Website any User Content
protected by copyright, trademark, or other proprietary right without the
permission of the owner of the respective right. You are solely liable for any
damage resulting from any infringement of copyright, trademark, proprietary
right, or any other harm resulting from your User Content.
(C)
You represent, warrant, and
covenant that you will not post, upload, transmit, or otherwise provide any
harmful or objectionable User Content including, without limitation, content
that:
(i)
violates
or infringes in any way upon the rights of others, such as any copyright,
trademark, patent, trade secret, moral right, or other proprietary right of any
person or entity;
(ii)
impersonates
another or is unlawful, threatening, abusive, libelous, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive,
or otherwise reasonably objectionable;
(iii)
encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law;
(iv)
is
an advertisement for goods or services or a solicitation of funds;
(v)
includes
personal information such as messages which identify phone numbers, social
security numbers, account numbers, addresses, or employer references; or
(vi)
is a
chain letter of any kind.
(D)
You automatically grant, or
warrant that the owner has expressly granted, us a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable
right and license to use, reproduce, distribute, create derivative works based
upon (including, without limitation, translations), publicly display, publicly
perform, transmit, and publish your User Content (in whole or in part) as we,
in our sole discretion, deem appropriate including, without limitation: (1) in
connection with our businesses; and (2) in connection businesses of our
successors, parents, subsidiaries, and their related companies. We may exercise this grant in any
format, media or technology now known or later developed and for the full term
of any copyright, trademark or other proprietary right that may exist in your
User Content. Furthermore, you also grant other users permission to access your
User Content and to use, reproduce, distribute, create derivative works based
upon, publicly display, publicly perform, transmit, and publish your User Content
for personal, non-commercial use as permitted by the functionality of our
Website and these Terms of Use.
(E)
By submitting User Content,
you also grant us the right, but not the obligation to use your biographical
information including, without limitation, your name and geographical location
in connection with broadcast, print, online, or other use or publication of
your User Content. Notwithstanding
the foregoing, you waive any and all claims you may now or later have in any
jurisdiction to so-called “moral rights” with respect to your User Content.
(F)
We reserve the right to
display advertisements in connection with your User Content and to use your
User Content for advertising and promotional purposes.
(G)
We have the right, but not
the obligation, to monitor and control any User Content and, in our sole
discretion, to edit, refuse to post, remove, or disable access to any User
Content.
7.
WEBSITE CONTENT & THIRD
PARTY LINKS
(A)
We provide Website Content
for entertainment, educational and promotional purposes only. You may not rely
on any information and opinions expressed on any of our Website for any other
purpose.
(B)
In many instances, Website
Content will represent the opinions and judgments of a third-party. We neither endorse nor are responsible
for the accuracy or reliability of any opinion, advice, or statement made on
our Website by anyone other than authorized our employee spokespersons while
acting in their official capacities.
(C)
Website Content including
health related information is not intended to be a substitute for professional
medical advice. We do not endorse or warrant the validity of any health related
statements found on our Website or in any on third-party websites accessed
through our Website. This type
information is general in nature and may be helpful to some persons but not
others, depending upon their personal medical needs. You should always consult
with your physician on important health decisions and never disregard
professional medical advice or delay in seeking it because of something you
have read on our Website.
(D)
In all instances, it is your
responsibility to evaluate the accuracy, completeness, or usefulness of Website
Content. Under no circumstances will we be liable for any loss or damage caused
by your reliance on any Website Content.
(E)
Our Website may contain
links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily
endorse the content found on these third-party websites. You assume sole responsibility for your
use of third-party links. We are
not responsible for any content posted on third-party websites or liable to you
for any loss or damage of any sort incurred as a result of your dealings with
any third-party or their website.
8.
INDEMNIFICATION
You agree
to indemnify and hold harmless Perfetti and its officers, directors, employees,
parents, partners, successors, agents, distribution partners, affiliates,
subsidiaries, and their related companies from and against any and all claims,
liabilities, losses, damages, obligations, costs and expenses (including
reasonable attorneys’ fees and costs) arising out of: (i) your use of our Website; (ii) your User Content; (iii)
any actual or alleged violation or breach by you of these Terms of Use, our
Privacy Policy or any other terms we may provide you; (iv) any actual or
alleged breach of any representation, warranty, or covenant that you have made
to us; or (v) your acts or omissions.
9.
DISCLAIMERS
(A)
YOU EXPRESSLY AGREE THAT USE
OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE
FULLEST EXTENT PERMITTED BY LAW PERFETTI AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,
AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL
WARRANTIES INCLUDING: (1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR
INFORMATIONAL CONTENT OF OUR WEBSITE OR WEBSITE CONTENT; (2) ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
AND (3) ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR
WEBSITE.
10.
LIMITATION ON LIABILITY
(A)
UNDER NO CIRCUMSTANCES ARE
WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED
COMPANIES LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED), ARISING OUT OF, RELATING TO, OR
IN ANY WAY CONNECTED WITH THE OUR WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH OUR WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP
USING THE OUR WEBSITE. THIS
LIMITATION ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES,
PRODUCTS, OR INFORMATION ACCESSED, RECEIVED OR ADVERTISED IN CONNECTION WITH
OUR WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW.
(B)
NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY
AND THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS,
AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED
COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU THROUGH
OUR WEBSITE DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF
ACTION ARISING OUT, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR
THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C)
In some jurisdictions limitations
of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
11.
TERMINATION
(A)
In its sole discretion, we
may terminate or suspend your Account or block your access to our Website at
any time without notice for any reason including, without limitation, if you
have failed to comply with the letter and spirit of these Terms of Use, our
Privacy Policy or any other terms we may provide you. We are not liable to you or any third party for any
termination or suspension of your Account or for blocking your access to our
Website.
(B)
The provisions of these
Terms of Use which by their nature should survive the suspension or termination
of your Account or these Terms of Use shall survive including, but not limited
to, the indemnification obligations, limitations on liability, and
disclaimers.
12.
COPYRIGHT POLICY
We respect the intellectual property rights of others and expect our Website users
to do the same. In accordance with
the Digital Millennium Copyright Act of 1998, Title 17 of the United States
Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright
infringement that are reported to the agent we have designated to receive
notifications of claims infringement (its “Designated Agent”).
(A)
If you are a copyright owner
(or authorized to act on behalf of the copyright owner) and believe that your
work’s copyright has been infringed, please report your notice of infringement
to us by providing our Designated Agent with a written notification of claimed
infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(B)
Our Designated Agent is:
Bethany
Elaine Ammons, Esq.
Perfetti
Van Melle USA, Inc.
3645 Turfway Road
P.O. Box 18190
Erlanger, KY 41018-0190
FAX: (859) 283-6897
We will
investigate notices of copyright infringement and take appropriate actions under
the DMCA. Inquiries that do not follow this procedure may not receive a
response.
13.
CHOICE OF LAW; JURISDICTION
AND VENUE
These Terms of Use
shall be construed in accordance with the laws of the State of Kentucky without
regard to its conflict of laws rules.
14.
MISCELLANEOUS
(A)
No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import. If any provision of
these Terms of use is held to be invalid or unenforceable, the invalidity of
such provision shall not affect the validity of the remaining provisions of the
Terms of Use, which shall remain in full force and effect.
(B)
These Terms of Use
constitute the entire agreement of the parties with respect to the subject
matters covered, and supersede all previous written or oral agreements between
us with respect to these subject matters.
(C)
We may assign these Terms of
Use or associated rights without your consent and without notice.
15.
QUESTIONS
If you have any
questions about these Terms of Use, please contact us at customer.service@us.pvmgrp.com.
