Hershey Canada - Terms of Use
Hershey Canada Inc. ("Hershey Canada") welcomes you to this website (the "Website"). Your use of the Website is subject to the following terms and conditions (the "Terms"). By accessing and using the Website, you agree to be bound by the Terms. If you do not agree with these Terms, your sole recourse is to leave the Website immediately.
Use of Materials on Hershey Canada's Website
Hershey Canada owns and maintains the Website for your personal entertainment and information. All content, including but not limited to the trademarks, service marks, logos, brand identities, titles, characters, trade names, graphics, data, photographs, images, audio, video, software, designs, copyrights and other properties (collectively, the "Content") appearing within the Website is owned by Hershey Canada, its affiliates, and/or their respective licensors. The Content is protected by Canadian and international copyright and trade-mark laws. The Content may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed, transferred or sold in any way, except that you may download, print and reproduce the Content for your personal and non-commercial use of the Website. In order to protect these valuable assets, Hershey Canada must prohibit other uses without prior written consent. Any unauthorized use of the Website or the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, or otherwise infringe the rights of Hershey Canada and/or third parties. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Registration and Passwords
To access certain portions of the Website and participate in contests, promotions, or other offers, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you may be asked to select a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such user name or password. You agree to immediately notify Hershey Canada of any unauthorized use of your password or user name or any other breach of security.
USER CONDUCT
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
upload, post, e-mail or otherwise transmit any material that:
constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
impersonate any person or entity, including, but not limited to, a Hershey Canada employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
The foregoing is hereinafter collectively referred to as the "Code of Conduct".
Disclaimer
Although we strive to update and keep the Website accurate as much as possible, errors and/or omissions may occur. The material on the Website could include technical inaccuracies or other errors. You use and browse the Website at your own risk. Neither Hershey Canada nor any other party involved in creating, producing, or delivering the Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. Hershey Canada does not warrant that the functional aspects of the Website will be uninterrupted, error free, or that the Website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, the Website is provided to you "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnity
You agree to indemnify and hold harmless Hershey Canada, its parent, affiliates, members, officers, employees, agents and licensors from and against any and all losses, expenses, damages, claims fine, penalties, costs and liabilities (including reasonable legal fees) resulting from (a) any content you (or anyone else acting under your user name and/or password) submit, post, transmit, or make available on the Website and/or (b) your (or anyone else acting under your user name and/or password) use of this Website, connection thereto, or any alleged violation by you of these Terms.
Links
The Website may offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Hershey Canada has no control over, and is not responsible for the contents of any such third party websites. The inclusion of a link to a third party site does not imply endorsement by Hershey Canada of such third party site. You follow such links to other websites at your own risk. You may link your personal, non-commercial website to us upon prior written request. However, Hershey Canada reserves the right to refuse any such request if for any reason we consider it not to be in the best interest of our Website and their users. Hershey Canada reserves the right not to link, or remove the link, to a particular third party site at anytime.
General Provisions
Hershey Canada may revise these Terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of their posting. Hershey Canada reserves the right to make changes to the Website at any time without notice. Hershey Canada products are available in many parts of the world. However, the Website may describe products that are not available worldwide. If any portion of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to the Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
How To Contact Us
Should you have other questions or concerns about these Terms, please don't hesitate to write to us at: Hershey Canada Inc. Mississauga, Ontario, Canada L4W 5E9 or call us at 1-800-468-1714.
Your Friends at Hershey Canada Inc.
Last updated: June 20th, 2006
