Last Updated: March 2018
Ferrero International S.A., a company of Ferrero Group with registered office at L-2632 Findel, Rue de Trèves, Findel Business Center, Complexe B (Registration Number IT00934460049) ("Ferrero", "we" or "us") is the owner of the Magic Kinder (App) and microsites accessed through the aforementioned website (each a "Site" and collectively the "Sites"). Please be advised that Ferrero International S.A is not responsible for any other websites or applications maintained by other companies of the Ferrero Group.
We may include features on the Site that allows you to upload, share, send, post, submit or transmit to the Site comments, photos, videos, music or any other material or content that we can allow you to upload (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). 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. The Sites may allow you to send to Ferrero creative ideas, suggestions or materials ("Submissions"); you should not make any Submissions to Ferrero in any communications through this Site or otherwise, unless requested to do so. If you choose to send us a Submission, you are requested to accept additional terms that govern such Submission ("Submission Terms").
The Site may contain links to other websites that are not owned, operated or maintained by us. You should note when you leave the Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also 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.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE 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, ANY SOFTWARE, SERVICES, CONTENT OR USER GENERATED CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT THE SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH THE SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE 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 THE SITE AND YOUR USE OF IT. 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 THE 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.
Software or other materials on our Sites may be subject to United States Export Control. No software from our Sites may be downloaded or exported (i) into (or to a national or resident of ) a country to which the U.S. has embargoed goods, or any other country where a license would be required, or a restriction or prohibition is in effect, by the United States Department of Commerce Bureau of Industry and Security, United States Department of the Treasury Office of Foreign Assets Control, or other similar rule or agency; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or similar schedules. By downloading or using any software on our Sites, you represent and warranty that you are not located in, under the control of, or a national or resident of any such country or on any such list.
It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act of 1998 ("DCMA"), including the removal or disabling of access to material claimed to be subject of infringing activity. If you believe in good faith that materials available on one of our Sites infringes your copyright, you should send a claim or notice of infringement relating to the Site or its Content to Ferrero's designated agent as follows: Ferrero U.S.A., Inc. Attn: Consumer Relations 600 Cottontail Lane Somerset, NJ 08873 Telephone Number: (800) 688-3552
16. Contact Information
For privacy related questions
(for US only) at (800) 688-3552 FREE or (732) 764-9300
Ferrero International S.A.
Attn. Group Privacy Officer
Findel Business Center - Complexe B
Rue de Trèves, L-2632 Findel