Overview
This website is owned and operated by Stella D’Oro Bakery (“Stella
D’Oro”) It is provided and maintained by Stella D’Oro
for the entertainment, education, information and shopping of Stella D’Oro
customers and those interested in Stella D’Oro® products.
Agreement to Terms
Any and all use of or access to this website shall be governed by this
Terms of Use agreement, which may be changed from time to time without
notice. This Terms of Use agreement was last modified on November
1, 2009. By using or accessing this website, you expressly agree
and acknowledge that you have read, understand, accept, and agree to be
bound by this Terms of Use and any and all other policies, rules or terms
of use, including but not limited to the Stella
D’Oro Website Privacy Statement and the rules covering any and
all contests or sweepstakes that may be available at or through this website
from time to time. If you do not accept and agree to these terms,
please immediately discontinue any and all use of this or website.
Your continued use of this website will indicate your agreement with any
changes in this Terms of Use or any other policies, rules or terms on
this website.
Intellectual Property/Content Ownership and Use
Unless otherwise noted, all of the content of this website (including,
without limitation, the text, images, information, trademarks, data and
other proprietary materials found on this website) is the property of
Stella D’Oro or one of its licensors, and protected by the copyrights,
trademarks, patents and/or other proprietary rights of Stella D’Oro
or one of its licensors, all rights reserved. Any use (including,
without limitation, viewing, copying, printing, modifying, transmitting,
transferring, downloading, adapting, linking to and/or exploiting) of
this website or any of its content, that is not expressly permitted by
this Terms of Use or by the expressed written consent of Stella D’Oro,
is prohibited. You are hereby expressly permitted to download and
print out for your own personal use or as a record of a purchase (and
no other commercial use) one copy of any of the viewable content of this
website. No right, title, license or interest in any downloaded
content is transferred to you as a result of any such downloading or copying.
Any unauthorized use, copying, alteration, or display of the content
found on this website is strictly prohibited. You are hereby advised that
Stella D’Oro (and/or its affiliates, subsidiaries, licensors or
licensees) will aggressively enforce all of its intellectual property
rights to the fullest extent of the law, including seeking any appropriate
civil or criminal penalties. For inquiries about downloading or printing
content, or about linking to this website, please contact us at the address
below.
Please be specifically advised that the content of this website includes,
without limitation, the names, logos, images, slogans, product designs,
packaging and trade dress of the Stella D’Oro products displayed
on this website. Many of the names, slogans and/or marks are Registered
Trademarks ® of Lance Mfg. LLC; while others are subject to other
trademark, service mark, trade dress, copyright © and/or other intellectual
property rights of Stella D’Oro and/or the affiliates, subsidiaries,
licensees or licensors of Stella D’Oro. No unauthorized use
may be made of this content.
Purchases
When you place orders through this website, you will be asked to provide
certain information about yourself, such as your name, address, and credit
card in formation. You may not provide incomplete or inaccurate
registration information (the registration form will indicate what information
is required for registration, and what is optional, and you may also check Stella
D’Oro’ Website Privacy Statement for further information
on the collection and distribution of information by Stella D’Oro).
You are responsible for any use of this website by anyone using your credit
card number or other identifier. Thus, if for any reason you suspect
that your credit card or other identifying information has been compromised,
you should contact Stella D’Oro at once.
Contests, Sweepstakes and Promotional Games and Activities
From time to time, this website may host or include notices of promotions,
contests, sweepstakes or other activities Stella D’Oro or its affiliated
companies are conducting. Any and all contests or promotions referenced
or conducted via this website are subject to the terms and conditions
of each individual contest or promotion. Please review the official
contest rules carefully. In the event there are any differences
between the rules or policies governing the individual contest or promotion,
and the general rules and policies contained on this website (including,
for example, this Terms of Use and this website’s Privacy Statement),
the rules or policies specific to the contest or promotion shall control.
Prohibition on use / Enforcement of terms
Stella D’Oro may at any time, for any reason, prohibit your further
use of this website or its content. We may also take any action
that we deem necessary to enforce this Terms of Use agreement and to protect
against unlawful or improper use of this website. These actions
include, but are not limited to, terminating or suspending your purchase
order or registration for a service through this website, blocking the
display of some or all of the content of the website, contacting and cooperating
with the police or other authorities (including, but not limited to, providing
information in response to requests and subpoenas), and taking legal action
against you. You hereby expressly agree to waive any and all claims
you may have (whether currently in existence and/or arising hereafter)
against Stella D’Oro for any failure by us to enforce this Terms
of Use. Stella D’Oro’ failure to act in a particular
circumstance does not waive its right to act with respect to that circumstance
or other circumstances.
Disclaimer of Warranties and Limitation of Damages
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. You hereby acknowledge
that although Stella D’Oro has used reasonable efforts to include
accurate and current information on this website,
NEITHER STELLA D’ORO, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
OR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OR VIEWING OF THIS WEBSITE.
EVERYTHING FOUND IN AND OR ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION,
ANY SERVICES, PRODUCTS OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE)
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
WITHOUT LIMITING THE FOREGOING STELLA D’ORO MAKES NO AND DISCLAIMS
ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS
TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS,
SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (II) THAT
THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THIS WEBSITE; AND/OR (IV) THAT THE WEBSITE, ITS SERVERS,
OR E-MAIL SENT FROM OR ON BEHALF OF STELLA D’ORO ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS
STELLA D’ORO DOES NOT WARRANT THAT THIS WEBSITE SHALL BE FREE FROM
HARMFUL COMPONENTS OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
STELLA D’ORO DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION
OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE
CONTROL OF STELLA D’ORO.
Stella D’Oro shall not be liable for any damages to your computer
equipment that may result from your use of the Internet or this website,
including but not limited to any and all computer viruses or other harmful
programs or coding.
Disclaimer With Respect to Other Internet Sites
Stella D’Oro has not reviewed all of the sites, or content of sites,
that may be accessed by or linked to this website. Stella D’Oro
is not responsible for the content of any pages or Internet images, information,
or data, which are not contained on this website. Viewing of any
and all other websites shall be at your own risk.
Indemnification
You agree to defend, indemnify, release and hold harmless Stella D’Oro
(including, but not limited to, the officers, directors, members, shareholders,
employees, licensors, agents, licensees, contractors, attorneys, subsidiaries,
affiliates and third-party content providers of Stella D’Oro.) from
all liabilities, claims and expenses, including attorney’s fees
and costs, that arise from, concern, or are connected with your use or
misuse of this website or its content. Stella D’Oro reserves
the right to assume the defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with Stella
D’Oro in asserting any available defenses.
Submission of Information and Other Content
1. License: To the extent that portions of this website permit
you to send e-mails or otherwise submit content (including, without limitation,
questions, requests, comments, recipes, suggestions, stories, ideas, inventions,
information, data, images, likenesses or text) to Stella D’Oro and/or
this website, whether or not such content is viewable in chat rooms or
otherwise on this website, please be advised that by submitting such content
you grant Stella D’Oro a perpetual, non-exclusive, worldwide, royalty-free,
irrevocable, fully and freely assignable license to any rights you have
in the content submitted – including, but not limited to, the rights
to use, display, reproduce, distribute, modify, prepare derivative works
based upon, and perform publicly your content (or any part thereof) online
and offline. Stella D’Oro may treat any communication between
you and Stella D’Oro as non-confidential and non-proprietary.
Stella D’Oro is free to use any ideas, techniques, inventions, concepts,
recipes, know-how, or other information that you provide to Stella D’Oro
for any purpose whatsoever, including but not limited to any development
of products or methods, manufacturing and marketing activities, sales
material or efforts, or any other business use, without compensation or
remuneration.
2. Standards: You agree not to submit any content to Stella
D’Oro that: (a) infringes on any third-party intellectual property,
publicity, privacy, moral (droit moral) or other legal rights; (b) violates
any applicable law or regulation; (c) is defamatory, threatening, harassing,
obscene, harmful to minors, or child pornographic; (d) contains any viruses,
Trojan horses, worms, time bombs, cancelbots, or other harmful components
(including, but not limited to, computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information); (e) constitutes unsolicited
junk or bulk email (“spam”); or (f) is otherwise tortious
or criminal.
3. Warranty/Indemnity: You warrant and guarantee that you
own all intellectual property, proprietary, privacy, publicity, moral
(droit moral) and other rights to any content that you submit to us.
You further agree to defend, indemnify, and hold us harmless against:
(a) any and all claims to the rights to content that you provide to us,
(b) any and all claims that someone’s rights were violated by our
display or other use of the content that you provide to us.
4. Monitoring of Content/Removal: You agree that Stella D’Oro
has no responsibility to monitor, review, edit or control any content
or other information that you or others submit to the website. You
further agree that Stella D’Oro may modify, remove or refuse to
accept any content on this website for any reason. In certain cases,
your access to the website may permit you to modify or remove content
that you previously submitted. At your request, Stella D’Oro
may also modify or remove content that you submitted. Please note
that we may also decline to modify or remove content that you submitted,
despite your request. In addition, we may not be able to modify
or remove certain content, including without limitation content that has
been distributed to or relied on by another person or entity.
5. No Endorsement/Recommendation: You agree that by displaying
the content that you or others submit to this website, Stella D’Oro
does not endorse or recommend any of the information submitted by you
or others. In fact, Stella D’Oro does not endorse, recommend,
or take any responsibility for any content submitted to this website by
any third-party.
Access Limits
Without Stella D’Oro’ express consent, you may not: (a) link
to this website; (b) use any automated means to access the website or
collect any information from the website (including without limitation
robots, spiders or scripts); or (c) frame the website, place pop-up windows
over its pages, or otherwise affect the display of its pages. Under
no circumstances may you: (a) derive or attempt to derive the source or
object code, source files or structure of this website or its content
by reverse engineering, disassembly, decompilation or any other means;
(b) attempt to access the accounts of others, or attempt to penetrate
security measures of the systems of Stella D’Oro or its affiliates
("hacking"), whether or not the intrusion results in corruption
or loss of data; or (c) transmit to Stella D’Oro or by means of
this website unauthorized or unsolicited advertising, junk or bulk e-mail
(“spam”), or any other form of unauthorized or unsolicited
transmission.
Distributors
Those parties with access to the “Distributors” section
of this website hereby agree (a) not to disclose or otherwise make known
outside of their own company, and (b) not to use other than for purposes
of the distributor’s own distribution of Stella D’Oro products,
any of the information (including, without limitation, the pricing and
promotional information) that is set forth in the Distributors section
of this website.
Governing Law and Jurisdiction
You agree that the laws of the State of North Carolina will govern any
action relating to this Terms of Use and/or your use of this website.
By using the website, you agree to the jurisdiction of and venue in the
state and federal courts of the State of North Carolina, County of Mecklenburg,
for any litigation that may arise out of, or be related to, these Terms
and/or your use of the website. You agree to waive any objection
based on forum non conveniens or any objection to venue in Charlotte,
North Carolina, of any such action.
International Use
Stella D’Oro makes no representation that this website or its content
are appropriate for or available to locations outside the United States
of America; and using this website from territories where it is illegal
to do so is prohibited. Such is done at your own risk and you are
responsible for compliance with all local laws.
Notice/Contact
Please address any questions or correspondence to:
Stella D’Oro
Attn: Consumer Affairs
P.O. Box 32368
Charlotte, NC 28273
Legal notices must be sent to:
Stella D’Oro
Attn: Legal Department
P. O. Box 32368
Charlotte, NC 28273
704-557-8300
Notice will be considered given upon receipt. Stella D’Oro
may contact you and communicate official notices to you at your e-mail
address, postal mail address, home or work address, telephone number or
fax number. Stella D’Oro is entitled to assume that any address
information that you provide to us is correct. Notice to you will
be considered given when sent.
