Applaydu Terms of Use

The mobile app -and any related website (together “Applaydu App” or the “App”) are the exclusive property of FERRERO TRADING LUX S.A. ("Ferrero", "we" or "us") which is the owner of all content on this App. 

1. Acceptance of Terms of Use. Your access to and use of the App are subject to the following terms of use ("Terms of Use"). By accessing or using the App 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 App Ferrero may revise these Terms of Use at any time and in its sole discretion by updating them. 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.

2. Intended use of the App. The App and its Content are for personal, non-commercial use only. You cannot use App and its Content in relation to any commercial activity.

3. Content and Intellectual Property Ownership; Conditional Use of Content. The content and all other materials on the App , including, without limitation, copyrights and other intellectual property rights in the artwork, graphics, photographs, texts, videos and audio clips, trademarks and logos available on the App (collectively the "Content") are under license or owned by Ferrero and/or its affiliates. You may access and use the App and the Contents thereon solely for personal, non-commercial, or entertainment purposes. 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 App are either the trademarks or App 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 App. No license is granted to you in connection with any content contained on the App. 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.

4. User Conduct / Acceptable Use Policy. The App may provide you with an opportunity to share information, and materials. You understand that content on the App do not necessarily reflect the opinions or ideals of Ferrero. 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 information that you submit on the App.

You agree that you shall not upload or post any content which: 

  • 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, discriminatory, 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 directly or indirectly 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 codes, 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.

You accept that we may review, edit or delete, at our sole discretion, content and materials that you or others send or post on the App. The review, edit or deletion is not challengeable by you. You understand that when using the App, 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 are not allowed to use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the App. Furthermore, you are not allowed to use any such automated means to manipulate the App or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You are not authorized to resell the use of, or access to, the App to any third party.

5. Ownership of Material You Send, Post, Submit or Transmit; Right of Use; Submissions. We may include features on the App that allows you to upload, share, send, post, submit or transmit to the App comments, photos, videos, music or any other material or content that we can allow you to upload (User Generated Content). Please be informed that any content that you post, submit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. 

6. 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 App.

7. Sharing of information. Ferrero's App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice. Personally identifiable information that you provide to us in the course of using our site features or requesting a product or service through this website may be gathered and stored in one or more of our corporate databases. We may share personally identifiable information that we collect about you with other companies within the Ferrero family of companies or subsidiaries. Our "family of companies" is the group of companies related to us by common control or ownership. We share information within this "family" as a normal part of conducting business and offering products and App to our customers. This site may share personally identifiable information with subcontractors (e.g. cloud service providers). Subcontractors are restricted from using this data in any other way other than to provide these App to Ferrero and they may not share or resell this data. Site metrics for this site may be shared with other Ferrero websites or subsidiaries or affiliates. The information shared will be aggregate data and will not include any of your personally identifiable information. This site will disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ferrero; (b) protect and defend the rights or property of Ferrero and this site; or, (c) act under exigent circumstances to protect the personal safety of users of Ferrero, its web sites, or the public.

8. Disclaimer of Warranties / Exclusion of Liability. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APPAND ALL SOFTWARE, SERVICES, CONTENT AND CONTENT PROVIDED BY USER MADE AVAILABLE THROUGH THE APP 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 APP, ANY SOFTWARE, SERVICES, PROVIDED BY USER WILL NOT INFRINGE AND WILL NOT INTERFERE WITH THE RIGHTS OF ANY THIRD PARTIES. WE DO NOT WARRANT THAT THE APPANY OF ITS CONTENT, OR CONTENT ACCESSED THROUGH THE APP WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE APPINCLUDING, 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, OR ANY OTHER MATTER REGARDING  THE APP 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 THE APP IS TO DISCONTINUE YOUR USE OF THE APP. 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 the App , you agree to defend, indemnify, and hold harmless Ferrero, its Affiliates, its officers, directors, employees, parent, subsidiaries, 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 content provided by you (including, but not limited to, claims for infringement of copyright, trademark, trade secret or any other intellectual property rights of a third party, right of publicity, image rights, right of privacy, or defamation), (iii) your use of any Content or features available on or through the App (except to the extent a claim is based upon infringement of a third party right caused by materials created by Ferrero), (iv) a violation or lack of compliance by you of applicable law or any agreement or terms with a third party to which you are subject to, and (v) any other matter regarding the App and your access and use of it. You agree to use your 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 the App and/or these Terms of Use are governed by and construed in accordance with the laws 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 the App and/or these Terms of Use shall be in appropriate courts located in Luxembourg City 

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 App or these Terms of Use, or should you need to report any content that you deem non-compliant with these Terms of Use and with regards to the App you may contact us at the following: 16, Route de Trèves, L-2633 Senningerberg, Luxembourg. Tel: (for US only) at (800) 688-3552 FREE or (732) 764-9300 and email: contact@applaydu.com.

© 2020 Ferrero Group. All rights reserved.