TERMS AND CONDITIONS
Last Updated on January 3, 2020
The Hershey Company (including its various subsidiaries and affiliates) ("Hershey") provides various Internet web sites. Your use of these web sites or any other web sites on which these terms and conditions ("Terms" or "Terms and Conditions") reside (collectively, "Sites") are subject to the following terms and conditions. Your use of our Sites constitutes acceptance of these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of Pennsylvania law.
From time to time we may update the Sites and these Terms. Your use of the Sites after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Hershey may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent your use of the Sites with or without notice to you. You agree that you do not have any rights in the Sites and that Hershey will have no liability to you if the Sites are discontinued (in whole or in part) or your ability to access the Sites or any content you may have posted on the Sites is terminated.
Use of Materials on Hershey's Web Sites
Hershey maintains Sites for your personal entertainment, information and education. The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights and other properties appearing within Hershey's Sites are protected intellectual properties used by Hershey and/or its related companies. These properties may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, or used for any commercial purpose whatsoever, except that you may, for personal and non-commercial use only, download one copy onto your personal computer. In order to protect these valuable assets, Hershey must prohibit other uses without its prior written consent. 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.
Idea Submission Policy and Your Communications to Hershey
Hershey likes to hear from consumers and what they think about our products. However, in your communications with Hershey, please keep in mind that Hershey only accepts or considers creative ideas or suggestions relating to products or marketing plans via online submission. Therefore, please do not send to Hershey or any of our employees any creative or original materials such as ideas for products, or any other creative suggestions, ideas, concepts or other information. Our creative departments are continuously researching and launching new product, packaging and marketing ideas. Often, these ideas are in the developmental stage for years prior to actually being launched. If you choose to forward or transmit to Hershey's Sites by electronic mail or otherwise any suggestion type communication or material, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Furthermore, Hershey is free to use any ideas or concepts contained in any communication you send to Hershey's Sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
The material in these Sites could include technical inaccuracies or other errors. YOUR USE AND BROWSING OF HERSHEY'S SITES IS AT YOUR RISK. NEITHER HERSHEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (COLLECTIVELY, "DAMAGES") ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES. HERSHEY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" 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 OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FIRST PARAGRAPH UNDER THIS SECTION (TECHNICAL DISCLAIMER) SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF HERSHEY'S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
If you wish to purchase any product or service made available through the Sites, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You should assume that everything you see or read on Hershey's Sites is copyrighted unless otherwise noted and may not be used (except as provided in these Terms and Conditions or in the text on Hershey's Sites) without the written permission of Hershey. Hershey neither warrants nor represents that your use of materials displayed on Hershey's Sites will not infringe rights of third parties not owned by or affiliated with Hershey. Images, photographs, or illustrations displayed on Hershey's Sites are either the property of, or used with permission by, Hershey. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on Hershey's Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties appearing within Hershey's Sites (collectively the "Trademarks") displayed on Hershey's Sites are protected intellectual properties that are registered and unregistered trademarks of Hershey, its affiliates and others. Nothing contained on Hershey's Sites should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of Hershey or such third party that may own the Trademark displayed on Hershey's Sites. Your misuse of the Trademarks displayed on Hershey's Sites, or any other content on Hershey's Sites, except as provided herein, is strictly prohibited.
Copyright Infringement Notification
Hershey is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Hershey will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these Site in the manner described below:
By Mail: Registered Agent
The Hershey Company
19 East Chocolate Avenue
Hershey, PA 17033
By Email: email@example.com
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Hershey to locate the material;
- Information reasonably sufficient to permit Hershey to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
Use of the Services and Posting Policy
The following requirements apply to your use the Sites: (a) you will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Sites for any commercial purpose not expressly approved by Hershey in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Sites you may be able to submit photos, written posts, ratings and reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Hershey, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of our services, or any feature of our Sites. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111). You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Sites or features therein. Hershey may cancel your account and delete all User Content associated with your account at any time, and without notice, if Hershey deems that you have violated these Terms, the law, or for any other reason. Hershey assumes no liability for any information removed from our Sites and reserves the right to permanently restrict access to the Sites or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Sites, you hereby grant to Hershey a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Sites and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Accounts, Passwords, and Security
Certain areas of the Sites require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Sites, or any features at all.
If the Sites require you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by during the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hershey immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Sites. Hershey is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
These Terms will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. By using these Sites, you hereby agree that any and all disputes regarding these Terms will be subject to the federal courts located in the Middle District of Pennsylvania. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with the Sites and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
The failure of Hershey to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Hershey, shall not be deemed a breach of these Terms.
If Hershey fails to act with respect to your breach or anyone else's breach on any occasion, Hershey is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Hershey and is accepted by you upon your use of our Sites or your account. These Terms constitute the entire agreement between you and Hershey regarding the use of the Sites and your account. By using the Sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.