Confetti Terms of Use

Effective 05/07/10

Welcome to the web site (“Site”) of Confetti LLC (“Confetti”, “Company” “we” or “us”), www.ConfettiCaffe.com (collectively, the “Site” or “Web Site”). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. If you do not agree with this Terms of Use statement, do not use this Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Please note that the headings contained in this Terms of Use statement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms of Use statement.

Our Intellectual Property

CONFETTI CAFFE, the Confetti logo, CONFETTI DUETTO and other marks and logos are the intellectual property of Confetti.

Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Confetti or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Confetti or any third party. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and Confetti or any of its representatives.

No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Confetti.

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

Proper Use of Our Site

This website is made available to provide information about Confetti and its caffe operations within the United States. Press information available on this Site is only intended for media seeking information about our operations within the United States.

You may not use this Site for any purpose that is unlawful or prohibited by this Terms of Use statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

You agree to defend, indemnify and hold Confetti, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms of Use statement or any applicable law.

Co-Branded/Third Party Provider Websites

Your correspondence or business dealings with, or use or purchase of products or services from, the companies that operate our co-branded and/or third party provider web sites linked to this Site or web pages found on this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company and subject to the terms of use and privacy policy provided by such third party. You agree that Confetti shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of a co-branded and/or third party provider offer of products or services on this Site or your use or purchase of any such product or service. Confetti assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites.

Product Sales, Availability and Nutritional and Other Information

All products described and/or displayed on this Site are available only within participating locations in the United States. Confetti may discontinue or change specifications on products described and/or displayed on this Site from time to time without prior notice.

Disclaimer of Warranty and Limitation of Liability

Confetti does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONFETTI AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

UNDER NO CIRCUMSTANCES WILL CONFETTI, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN CONFETTI OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

CONFETTI, ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. CONFETTI UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Confetti or any licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

Links to Other Sites

Our Site may provide links to web sites not operated by Confetti. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Confetti’s association, sponsorship, affiliation or endorsement of material on any other site, and Confetti assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Confetti does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Company is quoted or leaves a comment or our marketing or other materials make reference to that party’s site.

Although Confetti may open a new browser window when you click on a link to a third party’s site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.

Unless otherwise set forth in a written agreement between you and Confetti, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to Confetti’s Site must be a text only link and clearly marked “Confetti Caffe Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Confetti’s names and trademarks, (iii) the link must “point” to the URL www.ConfettiCaffe.com and not to other pages within the Confetti Caffe Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Confetti, (v) when selected by a user, the link must display the Confetti Caffe Site on full-screen and not within a “frame” on the linking Site, and (vi) Confetti reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Feedback and Submissions

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to Confetti all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere.  All such submissions by you are voluntary, and Confetti has no obligation to treat such submissions as confidential or to compensate you for the submission. You promise that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever.  In addition, you promise that you hereby waive all publicity rights and so-called “moral rights”.  You agree that Confetti has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission.  If any court determines that Confetti does not retain exclusive ownership of any such submissions, then Confetti retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. 

Employment Opportunities

Confetti is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Confetti encourages all qualified applicants to apply.

Additional Terms

Confetti may terminate your access to this Site immediately without notice if, in Confetti’s sole discretion, you fail to comply with any of the terms of this Terms of Use statement. You may terminate this agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any information you have obtained from the Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of this Terms of Use statement for any reason.

Confetti reserves the right to seek all remedies available at law and in equity for violations of this Terms of Use statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

Certain areas within this Site, may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use statement, this Terms of Use statement control.

Privacy and Children’s Information

Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children’s privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is 18 or older, or if he or she is under 18 that he or she is using this Site with the involvement of a parent or guardian.

No Waiver

No delay or failure by Confetti to enforce any of these Terms of Use statement shall constitute a waiver of any of our rights under this Terms of Use statement. Neither the receipt of any funds by Confetti nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms of Use statement. Only a specific, written waiver signed by an authorized representative of Confetti shall have any legal effect.

Severability

If any clause or provision set forth in this Terms of Use statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

This Confetti Caffe Site is operated by Confetti LLC. The laws of the State of Virginia, United States, shall govern this Terms of Use statement, without reference to its choice of law rules. Confetti makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to the Confetti Caffe Site from territories where the content of this Confetti Caffe Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms of Use statement and all policies and documents incorporated herein by reference constitute the entire agreement between Confetti and you with respect to the subject matter herein.

This Terms of Use statement and any disputes arising under or related to this Terms of Use statement and/or the Privacy Policy or to this Site will be governed by United States federal law and the laws of the State of Virginia, United States, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in the City of Virginia Beach, Virginia, United States, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of Virginia, United States, for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms of Use statement is Confetti’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use statement and its translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms of Use statement, please contact us by sending an email to Info@ConfettiCaffe.com or writing to us at Confetti LLC, 4701 Shore Drive #103-416, Virginia Beach, VA 23455.

© 2010 Confetti LLC. All Rights Reserved. CONFETTI CAFFE, the Confetti logo, CONFETTI DUETTO and other marks and logos are the intellectual property of Confetti.

Notice of Copyright Infringement Claims

Confetti is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any content on our website in our discretion. If you believe you have a copyright infringement claim resulting from material posted on this website, you may notify us by providing the following information to our designated agent, as required by 17 U.S.C. § 512:

  1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow us to locate the material;
  4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
  5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows:
Designated Agent: Eric Hinkle, Confetti LLC
Address: 4701 Shore Drive #103-416, Virginia Beach, VA 23455
Fax: 757-961-6449
E-mail: EricHinkle@ConfettiGelato.com

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