Terms of Use
Please read the following Terms & Conditions carefully before using this site. Use of this site indicates acceptance of these Terms and Conditions.
The following terms and conditions govern your (“You” or “User”) use of this Web site (the “Site”). The Site is owned and operated by DeMet’s Candy Company (“DeMets”). Use of the Site is offered to the User conditioned on acceptance by the User without modification of the terms, conditions and notices contained herein. Use of the content, services, and/or products presented in any and all areas of these sites constitutes the User's agreement to abide by the following terms and conditions and those posted in specific areas of these sites. DeMets may revoke Your ability to use the Site at any time and for any reason (or no reason).
DeMets may amend these terms and conditions at any time. All amended terms and conditions shall automatically be effective upon being posted by DeMets to the Site. Accordingly, You should check the Site frequently for any changes to these terms and conditions.
For information regarding the types of information that may be collected from You as a result of your use and registration on the Site, and how that information is protected and may be shared, please refer to DeMets’ Privacy Policy.
DeMets does not solicit, request or knowingly collect personal information from individuals under the age of 13. DeMets complies in all respects with the Children’s Online Privacy Protection Act (“COPPA”). DeMets may request certain information, such as name and age, about Your children if you register for an account on the Site, but in no event will DeMets attempt to contact any individuals under the age of 13 directly. All information regarding children under the age of 13 will be obtained from such children’s parents or legal guardians and will be utilized and shared in accordance with all applicable laws, these Terms and Conditions and DeMets’ Privacy Policy.
Limited License
DeMets grants to You a limited, revocable and non-exclusive license to access and make personal use of the Site solely for its intended purpose and for no other purpose. DeMets may revoke this license at any time and without prior notice, for any reason or for no reason, in DeMets’ sole discretion. No portion of the Site may be modified, copied or framed without the express prior written consent of DeMets except that You may make one copy of these Terms of Use for your personal records. Without limiting the foregoing, the information, data, software, photographs, logos, graphs, video, typefaces, graphics, music sounds, images, illustrations, designs, icons and other materials (collectively, “Content”) on this Site are copyrighted works of DeMets or its content providers. Content retrieved from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the express written permission of an authorized officer of DeMets. You shall comply at all times with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site. Use of the Site does not act as an express or implied grant to you of any right or remedy under any law governing trademarks /service marks, copyrights, patents, unfair competition or trade secrets.
Access to certain areas of the Site is only available to registered members. To become a registered member, You are required to provide certain information. You may choose not to provide the required information, however, in such event, You will not be able to establish an account on the Site. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that You have the right to supply us with such information. You are responsible for maintaining the secrecy of your member ID and password.
You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability You may incur as a result of the use of the Site. In addition, You will be financially accountable for all use of the Site by You and anyone using Your password and login information, with or without Your consent.
Copyright and Trademark Information
All contents of the Site are: Copyright © DeMets Candy Company, or are copyright of third-party content providers, and are protected by international copyright law. All rights reserved.
Disclaimer And Limitation of Liability
None of the Content shall be construed as an offer for the sale or provision of any services, goods, or products of DeMets or any other entity.
THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, DEMETS MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. DEMETS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, DEMETS’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. USE OF THIS SITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL DEMETS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT DEMETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. DEMETS SHALL NOT BE LIABLE FOR ANY MONETARY AMOUNT TO YOU AS A RESULT OF OR ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR DEMETS MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, DEMETS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DEMETS IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE SITE.
User Comments, Feedback and Other Submissions
All information, comments, feedback, photographs, suggestions and ideas disclosed, submitted or offered to DeMets in connection with the use of this Site (collectively, “Comments”), shall be and remain the exclusive property of the author, but, by submitting the same to DeMets, the author hereby grants to DeMets a non-exclusive, irrevocable, royalty-free, freely-assignable (through multiple tiers) right and license to use such Comments, in any medium, for any and all purposes, including but not limited to, commercial purposes (including, without limitation, product development, manufacturing, distributing and marketing), displaying publicly, reproducing, or creating derivative works therefrom. For example, your comments may be used in radio, television and print advertisements, and your photographs may be used in our marketing materials. Your name may be used with any Comments you submit. DeMets is under no obligation to maintain your name or your Comments in confidence, to pay to you any compensation for any Comments submitted, to credit you with respect to any Comments, or to respond to any of your Comments. You agree that you will be solely responsible for the content of any Comments you make. By submitting any Comments to DeMets or this Site, you are representing and warranting to DeMets that you are the exclusive author of such Comments, that such Comments are your original work, and that you have all right, title and interest necessary to grant the rights to DeMets granted by Your submission of such Comments to DeMets.
Message Board Postings
Please be aware that any messages, information or materials posted on our message board are not subject to the terms of our Privacy Policy. Please do not submit any information to our message boards that you would like to be kept private or secure. DeMets does not control or regularly review the messages, information or materials posted in the message boards. It is a condition of Your use of the message boards and the Site that You do not upload to, post, distribute or transmit to or through the Site any messages, information or materials which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without DeMets’ express written consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the message boards.
DeMets has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by Users of the Site, including the message boards. However, DeMets retains the right, but not the obligation in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that DeMets, in its sole discretion, deems to be objectionable, in violation of these terms and conditions, or for any other reason or no reason. DeMets reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
By submitting messages, information and material to any message board (including, without limitation, any image You may use as an avatar) You are granting DeMets a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed.
User agrees to indemnify and hold harmless DeMets and all officers, directors, shareholders, employees, authorized representatives and agents from and against all claims and expenses, including attorneys' fees, arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or though the Site, including the message boards, by You or through your account or any user ID you may establish.
Relationship With Other Parties
Unless otherwise indicated, DeMets is not an agent or representative of any third party and has not authorized any third party to act on its behalf. DeMets’ use of a trademark, service mark, trade name, logo, slogan, or symbol, or other designation in connection with a product or service of another entity (including all hotels, airlines, car rental agencies, cruise tours) should not be construed as an indication of DeMets’ sponsorship of, affiliation or connection with such other entity.
Links to Sites of Other Parties
The Content contained on this Site may include links to other sites. The other sites may not be under the control of DeMets and DeMets is not responsible for the information or content contained on any web site not owned by DeMets. DeMets has included the links as a convenience to you. DeMets does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link.
Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
Notices
Except as explicitly stated otherwise, (i) any notices to DeMets shall be made by postal mail to DeMets Candy Company, 30 Buxton Farm Road, Stamford, CT 06905 Attn: Legal Department, and (ii) any notices to You shall be made by postings to our site. Alternatively, we may give You notice by sending an e-mail to the e-mail address You provided us when registering or by postal mail to the postal address You provided us when registering. In the case of e-mail, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 5 days after the date of mailing.
Copyright Infringement
DeMets respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide written notice to our registered copyright agent identified below. Please note that your written notice must meet the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. §512.
Our registered copyright agent can be reached:
By Mail:
DeMets Candy Company
30 Buxton Farm Road
Stamford, CT 06905
ATTN: Copyright Agent
By Phone:
(203) 327-1700
By e-mail:
copyrightinformation@demetscandy.com
Please note that the above notice information is only for reporting copyright infringement.
Miscellaneous
These Terms and Conditions represent the entire agreement between you and DeMets regarding your use of this Site and supersede any prior statements or representations. The performance of these Terms and Conditions shall be governed by the internal laws of the State of Connecticut, United States of America, without regard to any principles of conflicts of law. All legal proceedings arising out of or in connection with this Site brought by you shall be brought solely in the federal or state courts located within the State of Connecticut. You expressly submit to the personal jurisdiction and venue of said courts and waive any claims of inconvenient or improper forum or similar claims or defenses. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. DeMets may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use. Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or to any entity.