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 “Your”) use of this Web site (the “Site”). The Site is owned and operated by DeMet’s Candy Company (“DeMet’s). Please read these Terms of Use carefully as they constitute a legally binding agreement between You and DeMet’s regarding use of this Site. You must be 18 years old to use the Site.

DeMet’s may amend these terms and conditions at any time. All amended terms and conditions shall automatically be effective upon being posted by DeMet’s to the Site. Accordingly, You should check the Site frequently for any changes to these terms and conditions.

You agree to be bound by our privacy policy. Click here to refer to our Privacy Policy.

INTELLECTUAL PROPERTY

All contents of the Site are the property of DeMet’s or of others who have allowed DeMet’s to use their property. Contents are protected by all appropriate copyright and intellectual property laws.

LIMITED LICENSE

DeMet’s grants to You a limited, revocable and non-exclusive license to access and make personal use of the Site for personal and non-commercial use only. DeMet’s may revoke this license at any time and without prior notice, for any reason or for no reason, in DeMet’s sole discretion. The limitation applies to all material on the Site.
Access to certain areas of the Site may be only available to registered members. To become a registered member, You may be 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.

LIMITATIONS ON LIABILITY

THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND. UNDER NO CIRCUMSTANCES WILL DEMET’S 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 DEMET’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. DEMET’S 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 DEMET’S 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, DEMET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All information, comments, feedback, photographs, suggestions and ideas disclosed, submitted or offered to DeMet’s 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 DeMet’s, the author hereby grants to DeMet’s 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. DeMet’s 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 DeMet’s or this Site, You are representing and warranting to DeMet’s 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 DeMet’s granted by Your submission of such Comments to DeMet’s.

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 DeMet’s and DeMet’s is not responsible for the information or content contained on any web site not owned by DeMet’s. DeMet’s has included the links as a convenience to You. DeMet’s 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 DeMet’s 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 DeMet’s shall be made by postal mail to DeMet’s 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

DeMet’s 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.

By Mail:
DeMet’s Candy Company
30 Buxton Farm Road
Stamford, CT 06905
ATTN: Copyright Agent

By Email:
caffairs@demetscandy.com

MISCELLANEOUS

DeMet’s reserves the right to terminate Your access to this site for any reason at any time. These Terms and Conditions represent the entire agreement between You and DeMet’s 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, 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. DeMet’s 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. DeMet’s controls this Site from its headquarters in Stamford, Connecticut USA and makes no representation that the materials on this Site are appropriate or available for use in any other jurisdiction. If You use this site from elsewhere, You are responsible for compliance with all local laws.