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TERMS OF USE

Soremartec S.A., a company of Ferrero Group, ("Ferrero," "we," or us") is the owner of the content on and operator of www.kinderplussport.com and microsites accessed through the aforementioned websites (each a "Site," and collectively the "Sites"). Please be advised that Ferrero is not responsible for any other websites maintained by other companies in the Ferrero Group.

1. Acceptance of Terms of Use. Your access to and use of the Sites are subject to the following terms of use ("Terms of Use"). By accessing or using the Sites, you agree to be bound by these Terms of Use and to comply with all applicable laws. If you do not agree to these Terms of Use, without limitation or qualification, you may not use the Site. Ferrero may revise these Terms of Use at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. In addition, certain of the Sites may contain additional terms that govern particular features or offers (such as sweepstakes) ("Program Terms"). In the event that there is a conflict between any of the terms, conditions and notices of these Terms of Use and the Program Terms, these Terms of Use shall control.

2. Content and Intellectual Property Ownership; Conditional Use of Content. The content and all other materials on the Sites, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trademarks and logos available on the Sites (collectively the "Content") are owned by Ferrero and/or its affiliates. You may access and use a Site and the Contents thereon solely for personal, non-commercial, or entertainment purposes only. You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of Ferrero or the owner of such materials. All rights not granted under these Terms of Use are expressly reserved by Ferrero.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Sites are either the trademarks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Sites. No license is granted to you in connection with any Content contained on the Sites. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. User Conduct/Acceptable Use Policy. A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. 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 content, information, and other materials that you post on a Site, submit to a Site, or transmit to other users (including, but not limited to, creative ideas, suggestions, and feedback/information on Ferrero's products and services) ("User Generated Content") and agree that you will not hold the Released Parties responsible or liable for any content, information, or materials from other users that you access on a Site.

Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:

  • • 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, 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 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 code, 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.

 

We may review, edit, or delete content and materials that you or others send or post to a Site, but are not obligated to do so.

You understand that when using a Site, you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site. Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell the use of, or access to, a Site to any third party.

4. Ownership of Material You Send, Post, Submit, or Transmit; Submissions. From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content. Any User Generated Content that you send, post, submit or transmit 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, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and 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.
Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise. If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).

5. Links to Other Sites. A Site may contain links to other websites that are not owned, operated, or maintained by us. You should note when you leave a Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently asses 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 s 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.

6. Promotions and Offers. From time to time, we may run a promotion (e.g., contest, sweepstakes, instant win game, etc.) or an offer on a Site ("Promotion"). Any Promotion set forth on a Site shall be void where prohibited and subject to the posting of any official rules relating to such Promotion. Each Promotion will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use. Participation in any Promotion requires your acceptance of such rules and conditions.

7. Privacy. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy, which also governs your use of our Sites.

8. Disclaimer of Warranties/Exclusion of Liability. YOUR USE OF A SITE IS AT YOUR OWN RISK. THE SITES AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITES 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 A SITE, ANY CONTENT, OR CONTENT ACCESSED THROUGH A SITE WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT A SITE OR THE SERVER THAT MAKES A SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF A 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 A 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 A 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.

9. Indemnity. By using a Site, you agree to defend, indemnify, and hold harmless Ferrero, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives, and agents (collectively, the Released Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney's fees and costs) arising from: (i) any breach by you of any of these Terms of Use, (ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation), (iii) your use of any Content or features available on or through a Site (except to the extent a claim is based upon infringement of a third party right by materials created by Ferrero), (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and (v) any other matter regarding a Site and your access and use of it.

You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10. Governing Law/Jurisdiction. All matters relating to a Site and/or these Terms of Use are governed by the internal law of the Grand Duchy of Luxembourg without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to a Site and/or these Terms of Use shall be in appropriate courts located in Luxembourg City. We do not warrant or imply that the Sites or Content/materials on the Sites are appropriate for use outside of the Luxembourg. Although our Sites are accessible worldwide, the Content discussed or referenced on our Sites may not be available to all persons or in all geographic areas. In addition, not all persons may be able to participate, be eligible for offers or win prizes, if applicable, in the sweepstakes, contents or similar promotions made available through the Sites. The information set forth on the Sites concerning any products or services is applicable only in the Luxembourg. We reserve the right to limit the availability of our Sites and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. If you are located outside of Luxembourg, you are solely responsible for compliance with any applicable local laws.

11. Severability. If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

12. Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

13. Contact Information. Should you have any questions or comments regarding the Sites or these Terms of Use, you may contact us by e-mail at info@kinderplussport.com or at the following address:

Soremartec S.A.:
Findel Business Center - Complexe B - Rue de Trèves
L-2632 Findel – Luxembourg

PRIVACY POLICY

Soremartec S.A., a company of Ferrero Group, ("Ferrero," "we," or us") respects the privacy of every visitor to each of our websites, which include www.kinderplussport.com and microsites accessed through the aforementioned websites (each a "Site," and collectively the "Sites"). This privacy policy ("Privacy Policy") discloses our practices with respect to the collection of information through the Sites and our use of the information. This Privacy Policy applies solely to information collected through the Sites, and does not apply to information collected through any other sources, including, without limitation, Facebook, Twitter, YouTube and other third party and social media websites. Please be advised that Ferrero is not responsible for any other websites maintained by other Ferrero companies in the Ferrero Group. By using the Sites, you agree with the terms of this Privacy Policy. If you do not agree with any term in this Privacy Policy, please do not use the Site(s) or provide any Personal Information to us.

Collection of Personal and Non-Personal Information. We collect and store certain personally identifiable information about you (i.e., information which may identify you in some way; such as your age, name, address, telephone number, email address, screen name and/or financial information) ("PII") through a Site only when you voluntarily submit it. Ferrero will not collect PII from your visits to our Sites unless you provide it to us voluntarily and will not require you to provide more information than is necessary to participate in the activities on our Sites.

Collection of Non-Personal Information (cookies). When you connect to a Site, there is certain technical, non-personally identifiable information which does not identify any individual ("Non-PII") that may be collected and stored through the use of "cookie" technology and IP addresses. PII is not extracted in this process. Non-PII may include, but is not limited to, your IP host address, internet browser type, personal computer settings, and the number, duration, and character of page visits. This information assists us to update a Site so that it remains interesting to our visitors and contains content that is tailored to visitors' interests. You may set your computer browser to disable cookies or to alert you when cookies are being sent. If you disable cookies, we may be unable to optimize your visit to a Site and certain features on the Site may not be available.

Use of Your PII. When you provide your PII at a Site, we will limit the use of the PII for the purpose for which it was collected in accordance with the terms of this Privacy Policy. Other limited uses of your PII may include:

  • • To respond to your questions, comments, and requests; to provide you with access to certain areas and features on a Site; and to communicate with you about your activities on a Site.
  • • To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the rules or policies of a Site, or the rights of third parties; or to investigate any suspected conduct which we deem improper.
  • • To the extent that you provide us with financial information (such as credit card or bank account numbers) in connection with shopping or commercial services offered on a Site, we may use the financial information that you provide to fulfill your order.
  • • To help us develop, deliver and improve our products, services, content and advertising.
  • • To share with our parent, subsidiary, and affiliated companies, and promotional partners involved in creating, producing, delivering, or maintaining a Site, as required to perform functions on our behalf in connection with the Site (such as administration of the Site, administration of promotions or other features on the Site, marketing, data analysis, and customer services). In order to share such information, it may be necessary for us to transmit your PII outside the jurisdiction set forth below and you agree to this transfer. Further use or disclosure of PII by these parties for other purposes is not permitted.
  • • To share with third party service providers whom we employ to perform functions on our behalf in connection with the Site (such functions may include, but are not limited to, order fulfillment, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data and providing marketing assistance, processing credit card payments, and providing customer service). These third party service providers have access to PII that is needed to perform their functions, and may collect or store PII as part of their performance of these functions, but are not authorized to use it for other purposes.
  • • For our internal purposes such as auditing, data analysis, and research to improve our products, services and customer communications.
  • • For other purposes as disclosed when your PII is collected or in any additional terms and conditions applicable to a particular feature of a Site.
  • • For disclosures required by law, regulation, or court order.
  • • For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights.
  • • In an emergency to protect the health or safety of users of a Site or the general public, or in the interests of national security.
Except as provided for herein, we will not provide any of your PII to any third parties without your specific consent.

 

Managing Your Personal Information. You have the ultimate control over the PII that we collect and use. You can always chose not to provide certain PII, but please keep in mind that you may not be able to use some of the features offered by a Site unless you provide us with your PII (e.g., we will not be able to fulfill your purchase order without certain PII). If you wish to verify, update, or correct any of your PII collected through a Site, contact us by mail at info@kinderplussport.com

Links to Other Sites. A Site may contain links to other websites that are not owned, operated, or maintained by us. You should note when you leave a 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, unless expressly stated otherwise, we do not control, recommend, or endorse and are not affiliated with these websites or their content, products, services, or privacy policies. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.

Protection of Children's Privacy. Ferrero takes the protection of children's privacy seriously. We operate the Sites in compliance with all applicable laws in the jurisdiction set forth below. We do not collect PII from any person under the age of thirteen (13). Children under thirteen (13) years of age should have a parent/ guardian's consent before providing any personal information to a Site. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without his/her parent/guardian's consent. Without such consent, though, the child may not be able to participate in certain activities. A parent/guardian can review, remove, change, or refuse further collection or use of their child's personal information by contacting us using our online form available on [*] or by mail at [*] (please provide child's name, address, and e-mail address).

Security Practices; Retention. The security of your PII is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on a Site or our servers will be completely free from unauthorized access by third parties, such as hackers. Your use of a Site demonstrates your assumption of this risk. To the fullest extent permitted by law, we disclaim all liability and responsibility for any damages (including, but not limited to, any and all direct, special, indirect, consequential, or punitive loss or other damages of any kind, whether in contract (including fundamental breach), tort (including negligence), or otherwise) that you may suffer due to any loss, unauthorized access, misuse, or alteration of any information you submit to a Site. We retain information that we collect as long as it is necessary and relevant for our operations unless a longer retention period is required or permitted by law.

Governing Law/Jurisdiction. All matters relating to a Site and/or this Privacy Policy are governed by the internal law of the Grand Duchy of Luxembourg , without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to a Site and/or this Privacy Policy shall be in appropriate courts located in Luxembourg City. We do not warrant or imply that the Sites or content/materials on the Sites are appropriate for use outside of Luxembourg. The information set forth on the Sites concerning any products or services is applicable only in Luxembourg, and these products and services may not be available in all locations. If you are located outside of Luxembourg, you are solely responsible for compliance with any applicable local laws.

Transfer of Assets. During the course of our business, we may sell or purchase assets. If another entity acquires Ferrero or all or substantially all of our assets, PII and Non-PII that we have collected about the users of the Sites may be transferred to such entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.

Severability. If any term or provision of this Privacy Policy shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

Changes and Updates to our Privacy Policy. Ferrero reserves the right to change or update this Privacy Policy at any time and without prior notice to you. Please check back from time to time for any changes or updates to our Privacy Policy, which will be posted here and will reflect an updated effective date on the first page of the Privacy Policy should any changes or updates be made.

Contact Information. Should you have any questions or comments regarding the Sites or this Privacy Policy, you may contact us by e-mail at info@kinderplussport.com or at the following address:

COOKIE POLICY

What cookies are?

Cookies are small text files that are sent to the user's device (usually to the web browser) by visited websites; they are stored in the user's device to be then re-transmitted to the websites on the user's subsequent visits to those websites. When navigating a website, a user may happen to receive cookies from other websites or web servers, which are the so-called "third party" cookies. This happens because the visited website may contain items such as images, maps, sound files, links to individual web pages on different domains that are located on servers other than the one where the page being visited is stored.

Cookies do not damage your device and may allow us to provide you with a faster and better navigation (their purposes may range from IT authentication to the storage of information on user configurations in accessing a given server, etc.) on our Site. Further uses of cookies, like those who are targeted to offer you commercial proposals, are stored on your device only after your explicit consent expressed by unambiguous behavior or through the tools described hereinafter. Cookies are present as a rule in substantial numbers in each user's browser and at times they remain stored for long.

Cookies may be distinguished into two major groups: "technical" cookies and "profiling" cookies.

a. Technical Cookies, which are those used exclusively for better running the site from a technical point of view, carrying out the transmission of a communication on an electronic communications network, or insofar as this is strictly necessary to provide a service that has been explicitly requested by the user. Technical cookies can be grouped into browsing or session cookies, which allow users to navigate and use a website (e.g. to purchase items online or authenticate themselves to access certain sections); analytics cookies, which can be equated to technical cookies insofar as they are used directly by the Site manager to collect aggregate information on the number of visitors and the pattern of visits to the website; functional cookies, which allow users to navigate as a function of certain pre-determined criteria such as language or products to be purchased so as to improve the quality of service.
Users' prior consent is not necessary to install these cookies but the user must be made aware of their presence and may object to their installation.

b. Profiling and marketing cookies
Marketing cookies are aimed to send commercial proposals following a certain navigations on a website while profiling cookies are used to create user profiles to send ads messages in line with the preferences shown by the user during navigation. As this may mean collecting personal data, and for a certain time after the access to the Site, users must be informed appropriately on their use so as to give their valid consent.
This information might be shared with third parties, i.e. the entities involved in the installation of cookies on the user's terminal, which are linked to Ferrero by contractual means in order to protect your rights; this may happen for example for social network plug-ins. In such cases our site will connect to the social network which may use your personal data in order to show tailored advertising messages on different sites which are not under Ferrero's control. For further information regarding these third parties please read their the information notices and consent forms available here:

- Amazon Web Services
- Google Analytics privacy policy
- Google Analytics cookie privacy policy

Browsers' settings for cookies

You may signify your choices on the use of cookies by way of your device's browser settings at any time. Nonetheless, some functionalities of this Site will not be accessible if you disable certain cookies (some cookies are necessary for the basic operations of this site). Your choices can be verified and modified in the browser's preferences to select the preferred use of cookies by the website. Please select herein below the browser you are using to be led to the settings' page and to the procedure to be followed to configure those settings.

- Google Chrome
- Mozilla Firefox
- Apple Safari
- Opera
- Microsoft Windows Explorer

Soremartec S.A:
Findel Business Center - Complexe B - Rue de Trèves
L-2632 Findel – Luxembourg

© 2013 Ferrero Group. All rights reserved.