The mobile app (the “Applaydu App” or the “App”) is the exclusive property of FERRERO TRADING LUX S.A. ("Ferrero", "we" or "us") which is the owner of all content on this App. Gameloft S.E, having its registered address at 14 rue Auber, 75009 Paris, France, is the software developer of the Applaydu App.
2. Intended use of the App. The App and its Content are for personal, non-commercial use only. You cannot use App and its Content in relation to any commercial activity.
4. User Conduct / Acceptable Use Policy. The App may provide you with an opportunity to share information, and materials. You understand that content on the App do not necessarily reflect the opinions or ideals of Ferrero. Ferrero expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 13. You are solely responsible for the information that you submit on the App.
You agree that you shall not upload or post any content which:
- is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on a Site);
- violates any party's right of publicity or right of privacy;
- is threatening, harassing, or that promotes bullying, racism, discriminatory, bigotry, hatred or physical harm of any kind against any group or individual;
- is inaccurate, false or misleading in any way;
- is illegal or promotes directly or indirectly any illegal activities;
- promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;
- contains "masked" profanity (i.e. F@);
- contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions. We may include features on the App that allows you to upload, share, send, post, submit or transmit to the App 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 content that you post, submit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero.
7. Sharing of information. Ferrero's App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice. Personally identifiable information that you provide to us in the course of using our site features or requesting a product or service through this website may be gathered and stored in one or more of our corporate databases. We may share personally identifiable information that we collect about you with other companies within the Ferrero family of companies or subsidiaries. Our "family of companies" is the group of companies related to us by common control or ownership. We share information within this "family" as a normal part of conducting business and offering products and App to our customers. This Site may share personally identifiable information with subcontractors (e.g. cloud service providers). Subcontractors are restricted from using this data in any other way other than to provide these App to Ferrero and they may not share or resell this data. Site metrics for this site may be shared with other Ferrero websites or subsidiaries or affiliates. The information shared will be aggregate data and will not include any of your personally identifiable information. This site will disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ferrero; (b) protect and defend the rights or property of Ferrero and this site; or, (c) act under exigent circumstances to protect the personal safety of users of Ferrero, its web sites, or the public.
8. Disclaimer of Warranties / Exclusion of Liability. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APPAND ALL SOFTWARE, SERVICES, CONTENT AND CONTENT PROVIDED BY USER MADE AVAILABLE THROUGH THE APP 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 APP, ANY SOFTWARE, SERVICES, PROVIDED BY USER WILL NOT INFRINGE AND WILL NOT INTERFERE WITH THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT THE APPANY OF ITS CONTENT, OR CONTENT ACCESSED THROUGH THE APP WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE APPINCLUDING, 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, OR ANY OTHER MATTER REGARDING THE APP 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 APP IS TO DISCONTINUE YOUR USE OF THE APP. 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.
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