Terms of Use
These Terms of Use (“Terms of Use”) were created on September 2, 2011
These Terms of Use constitute a legally binding agreement made by and between Frankford Candy and Chocolate Company, Inc. (“Frankford” or “we”) and you, whether personally or on behalf of an entity (“you”). These Terms of Use govern your use of the website located at http://www.frankfordcandy.com (“Website”) so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE OUR WEBSITE.
Your Use of the Website
By accessing the Website, you (i) agree to use the content of the Website and the products and services offered thereon for your use and not for resale, (ii) agree to provide true, accurate, and current information about yourself as prompted on the Website, and (iii) agree to comply with all applicable laws in connection with your use of the Website.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any content included therein without Frankford’s prior written permission. You further agree that you will not (i) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or (ii) take any action that imposes an unreasonable or disproportionately large load on Frankford’s infrastructure as determined by Frankford in its sole discretion.
Privacy
Our use of your information is governed at all times by our Privacy Policy, which is incorporated into this agreement.
Age Restriction
The Website is not intended for use by individuals 13 years of age and under. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT SUBMIT PERSONAL INFORMATION TO FRANKFORD. If you are under the age of 18, but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Geographic Restriction
Our Website is intended for users from the United States. Users outside of the United States are advised not to disclose Personal Information to Frankford.
Trademarks; Copyright
Frankford and Frankford’s logo and other marks, logos, graphics, and trade dress used on the Website are Frankford’s trademarks or the trademarks of third parties, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. Other trademarks, service marks, product names, company names, and logos appearing on the Website are the property of their respective owners. Unauthorized use of any trademarks, service marks, product names, company names, or logos may be a violation of federal and state trademark laws.
This Website, and the content included therein, is protected by U.S. and foreign copyright laws. We grant you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view the materials displayed on the Website for your personal use, and for no other purpose. You may not modify the information or materials displayed on, or that can be downloaded from, this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
User-Contributed Content
You may not post, submit, or transmit any content that violates any applicable law, regulation, or rule. You are solely responsible for any content that you post. We may elect to monitor areas of the Website by electronic or other means, but we are not responsible for screening, policing, editing, or monitoring user-contributed content.
By posting, submitting, or transmitting any content to us via e-mail or to our Website, you hereby grant Frankford a perpetual, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and sublicense such content in any form in all media now known or hereinafter created anywhere in the world.
Digital Millennium Copyright Act Notice Policy
Frankford respects the intellectual property rights of others and expects its users to do the same. Frankford may remove content that in its sole discretion appears to infringe the intellectual property rights of others and terminate the website access privileges of those who are repeat infringers of the copyright rights of others. If you believe that any content on the Website infringes your intellectual property rights, please notify Frankford’s Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing (with an identification of the URL or other specific location on the specific Website) so that we may locate it; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement, made under penalty of perjury by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Links
This Website may contain links to other websites operated by third parties. The linked sites are not under the control of Frankford, and Frankford is not responsible for the content available on any other websites linked to its Websites. Such links do not imply Frankford’s endorsement of material on any other website and Frankford disclaims all liability with regard to your access to such linked websites. Frankford provides links to other websites as a convenience to users and access to any other websites linked to its Website is at your own risk.
Unless otherwise set forth in a written agreement between you and Frankford, you must adhere to Frankford’s linking policy as follows: (i) any link to the Website must be a text only link clearly marked “FRANKFORD CANDY”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Frankford’s names and trademarks; (iii) the link must “point” to either the Frankford homepage at http://www.frankfordcandy.com, and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Frankford; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (vi) Frankford reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Data Security
While we have measures in place to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect, you should be aware that no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee the security of any information you provide to us.
Violations
You understand that access to the Website is conditioned on your adherence to these Terms of Use. If you violate any provision of these Terms of Use, you agree that we may deny you access to the Website. If asked to do so, you agree that you will not attempt to access the Website.
Modifications
Frankford may, at any time, delete, modify, or supplement these Terms of Use without prior notice. Your continued use of either Website after such changes are posted will constitute your acceptance of such changes.
The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any time. Frankford reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. Frankford may also impose limits on certain features of the Website or restrict access to any part (or all) of the Website without notice or penalty.
No Warranties
USE OF THE WEBSITE AND CONTENT AVAILABLE ON THE WEBSITE ARE AT YOUR SOLE RISK. FRANKFORD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, UNLESS EXPRESSLY SET OUT OTHERWISE HEREIN. ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE AND FRANKFORD MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION. FRANKFORD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. FRANKFORD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability
FRANKFORD, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THEREON, EVEN IF FRANKFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF A COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW, OR, IN THE EVEN SUCH AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100).
Indemnification
You agree to indemnify and hold Frankford, its employees, officers, representatives, suppliers or service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and breach of these Terms of Use or the documents it incorporates by reference (including, but not limited to, our Privacy Policy) or your violation of any law or the rights of a third party.
Location; Applicable Law
The Website is operated by Frankford from the United States. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Frankford or its affiliates to any registration requirement within such jurisdiction or country. Frankford makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website (or use of the products offered herein) may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own by initiative and are responsible for compliance with applicable local laws.
Any claim relating to the Website, including the services provided through the Website or the content of the Websites, shall be governed by the laws of the state of Delaware, without reference to its choice of law provisions, to the maximum extent permitted by law. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware in respect of any dispute which may arise under these Terms of Use. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.
Miscellaneous Provisions
These Terms of Use, as modified from time to time and including the supplemental terms and policies incorporated by reference, sets forth the entire understanding and agreement between you and Frankford with respect to the subject matter hereof. Frankford shall not be liable for any delay or failure in performance under these Terms of Use resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Frankford. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect. Frankford may assign its rights and duties under this agreement to any party at any time without notice to you. Your rights and duties under this agreement are not assignable by you without consent of Frankford. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Questions/Comments/Concerns
If you have any questions, comments, or concerns about our Terms of Use, the Website, or our products, in general, you may contact us at: info@frankfordcandy.com