Terms of use – the websites of illycaffè and of its subsidiaries

Acceptance and Change of Terms of Use

Access to and use of the websites, mobile sites and mobile apps (“Sites”) of illycaffè S.p.A. and of its subsidiaries ("illycaffè") are governed by these Terms of Use and require reading, understanding and acceptance of the same.

illycaffè may change or update these Terms of Use, in whole or in part at any time. You may use our interactive services such as product ratings and reviews, expert Q&A, commenting, posting of videos, photos, recipes and stories (“User Services”) and these Terms of Use govern your use of those User Services. Changes and updates to these Terms of Use will be binding once posted. We therefore invite you to regularly access this page to verify the publication of the latest updated Terms of Use.

We also invite you to interact with us on our social media pages where we post content and invite your feedback, such as at www.facebook.com/illy, www.twitter.com/illy or www.youtube.com/illy ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide rules in connection with our User Services, including services that involve Third Party Sites, but illycaffè does not control the Third Party Sites, and these Terms of Use do not apply to companies that illycaffè does not own or control or to the actions of people that illycaffè does not employ or manage. You should always check the terms of use posted on such Third Party Sites.

Site Transactions

We reserve the right to refuse any order you place with us. All purchases are subject to availability and we may, in our sole discretion, limit or cancel quantities purchased, even if you have already placed your order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/home number provided at the time the order was made.

All prices are subject to change without notice and prices displayed on the Sites may vary from those in stores or from store-advertised prices. Occasionally, a small number of items on the Sites may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Sites and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Please also note that while we have tried to accurately display the colors of our products, the actual colors you see on our Sites will depend on your monitor. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.

Intellectual Property Rights

The Sites, including their design and all materials and contents that are part of the Sites (individually and/or collectively called "Rights") and trademarks and/or logos that may appear on the Sites are the exclusive property of illycaffè or are otherwise licensed to illycaffè. The Rights are protected by copyright. The Rights may not, in any way or form, even partially, be reproduced, distributed, sold, transferred or modified except as specifically permitted by illycaffè. You are granted a limited, nonexclusive, non-sublicensable, revocable license to access and use the Sites and print hard copy portions of the Rights for your informational and private use only. Such license is subject to these Terms of Use and excludes: (a) the collection and use of any product listings, pictures or descriptions; (b) the resale of any Rights; (c) the distribution, public performance or public display of any of the Rights; or (d) use of any data mining, robots or similar data gathering or extraction method. In the event that link codes and embed codes relating to specific contents are provided on the Sites, these codes may be used by users only for their direct, personal and private use provided that said use does not take place for direct or indirect commercial and/or profitable gain. Any use of the codes and/or the Rights in violation of the limits specified in these Terms of use, or otherwise contrary to law, is illegal and will be prosecutable by illycaffè.

"illy," the illy logo and other illycaffè product or service names, logos or advertising slogans that may appear on the Sites are trademarks or registered trademarks of illycaffè and our affiliates or subsidiaries and may not be used, in whole or in part, without the prior written permission of illycaffè. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners.

Responsibility For Your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our User Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content").

Your Content Submissions and Limitation of Liability

illycaffè provides the Sites and the User Services and all other applications and services on the Sites as a forum only. illycaffè is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the User Services. You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

By submitting Content to illycaffè, you represent and warrant that:

You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the User Services and potentially Third Party Sites;
You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize illycaffè to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personal information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

You also represent and warrant that any Content you submit:

Is not false, inaccurate or misleading;
Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships;
Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
Is not submitted for compensation or other consideration, except as may be otherwise permitted in writing by illycaffè;
Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
Complies in all respects with these Terms of Use and our Privacy Policy;
Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
Does not contain any software, worms or other potentially damaging computer programs or files.

illycaffè does not endorse users’ Content or opinion, recommendation or advice expressed therein, and illycaffè disclaims all liability with respect to users’ Content.

If your Content includes ideas, suggestions, documents or proposals to illycaffè through the User Services, (a) such Content is not confidential or proprietary and illycaffè has no obligation of confidentiality, express or implied, with respect thereto; (b) illycaffè may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from illycaffè. Do not send illycaffè such Content if you expect to be paid or want to continue to claim rights in such Content.

For any Content that you submit, you grant illycaffè a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Sites.

Guidelines for User Services

We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our User Services, please consider the following guidelines:

Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors.
Stay on topic. Relevant and insightful contributions raise the overall value of the site experience.
Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.

You may not use our User Services to impersonate any person or entity, including, without limitation, any illycaffè official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.

All submissions are moderated and subject to these Terms of Use. illycaffè reserves the right to not post a submission or to withdraw posted submissions for any reason. Your submission will be excluded if it violates provisions in these Terms of Use regarding submission of Content generally. Product reviews are subject to our Customer Ratings and Reviews Terms of Use.

Copyright Complaints

We have adopted the following policy toward copyright infringement with respect to the Sites in accordance with the Digital Millennium Copyright Act (“DMCA”). Please note that repeat copyright infringers may have their access to the Sites terminated. If you believe in good faith that any content residing or accessible on these Sites infringes your copyright rights, you may request removal of those materials (or access thereto) from these Sites by sending a notice of copyright infringement to:

Customer Care Manager Email: customer.service@illy.com
Phone: (914) 253-4543
Address: illycaffè, 800 Westchester Ave., Suite 440, Rye Brook, NY 10573

Your notification should include the following information:

Describe the work, and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work and an identification of the content on these Sites that you believe to be infringing and its location (e.g. URL);
Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;
A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
A statement made that the information provided in the notice is accurate and that, under penalty of perjury, the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
The Notifying Party's physical or electronic signature.

Users who believe they are the wrongful subject of a copyright takedown notice may file a counter-notification.

Links and Other Websites

The Sites may contain text links (the "links") to other websites that have no connection with the Sites. illycaffè does not control or monitor these websites, their content or their rules. Any link to other websites shall not be intended in any way as activity by illycaffè to promote these websites and/or the contents published therein.

Cookies

The Sites may contain cookies and other automated data collection technologies to allow users a better use of the Site. Users who prefer not to receive cookies can set their browser to warn them of the presence of cookies and then decide whether or not to accept them. The browser can also be set to reject all cookies; in this case, however, the user may not be able to access all services available on the Sites. For more information about how these Sites use cookies and other automated data collection technologies please see our Privacy Policy.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND NAVIGATION OF THE SITES AND THE USER SERVICES ARE ENTIRELY AT YOUR OWN RISK AND UNDER YOUR OWN RESPONSIBILITY.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ILLYCAFFÈ (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, EXPENSES, OBLIGATIONS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF (A) YOUR USE OF AND ACCESS TO THE SITES AND THE USER SERVICES; (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (C) A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE REGARDING CONTENT; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); OR (E) ANY CLAIM THAT ANY CONTENT YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITES AND THE USER SERVICES.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SITES, THE USER SERVICES AND THE PRODUCTS AND SERVICES PROVIDED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SITES AND USER SERVICES MAY BE TEMPORARILY INACCESSIBLE OR OTHERWISE CONTAIN DEFECTS THAT IMPACT YOUR EXPERIENCE. ILLYCAFFÈ DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ILLYCAFFÈ MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, RELIABILITY, AVAILABILITY OR ACCURACY OF THE SITES. INCLUDING, WITHOUT LIMITING THE FOREGOING, THAT THE SITES, THEIR CONTENT OR THE USER SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES, USER SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ILLYCAFFÈ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR OPERATION OF THE SITES, THE USER SERVICES, OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, NOR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF COMMERCIAL INFORMATION AND/OR ANY OTHER FINANCIAL LOSS.

CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE PROHIBITED BY LAW.

Registration

Access and registration on the Sites and User Services is reserved to Users of 18 years of age and older. The User agrees to provide any personal information requested during registration, ensuring that this is up-to-date, complete and accurate and to update such information promptly.

You are responsible for safeguarding the password that you use to access the Sites and User Services and for any activities or actions under your password. You will not provide any false personal information on the Sites or create an account for anyone other than yourself without permission.

Applicable Law

The Terms of Use are governed by Italian law without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Sites and the Users’ Services will be brought solely in Court of Trieste.