Agreement between user and Barilla America, Inc. The Barilla America, Inc. ("Barilla Website") website is owned, operated, and maintained by Barilla America, Inc., an Illinois corporation located in Bannockburn, Illinois ("Barilla").
Acceptance of terms
The Barilla Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Barilla Website, including placing orders to purchase products from Barilla, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Barilla Website may also be subject to additional terms as set forth in such section ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Barilla Website or with any terms included with any product purchased from Barilla, then these terms shall control.
Site license and access
Barilla grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Barilla. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barilla and/or its affiliates without express written consent of Barilla. You may not use any meta tags or any other "hidden text" utilizing Barilla's name or trademarks without the express written consent of Barilla. Any unauthorized use terminates the permission or license granted by Barilla. You may not create a link to the Barilla Website without express written permission of Barilla. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Barilla Website (www.barilla.com/en-us/) so long as the link does not portray Barilla, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Barilla logo or other proprietary graphic or trademark as part of the link without express written permission of Barilla.
No unlawful or prohibited use
As a condition of your use of the Barilla Website, you will not use the Barilla Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Barilla Website in any manner which could damage, disable, overburden, or impair the Barilla Website (or the network(s) connected to the Barilla Website) or interfere with any other party's use and enjoyment of the Barilla Website. You may not attempt to gain unauthorized access to the Barilla Website, other accounts, computer systems or networks connected to the Barilla Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Barilla Website.
Personal and non-commercial use limitation
Unless otherwise specified, the Barilla Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Barilla Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Barilla and Barilla's business partners and customers ("Business Agreement"), the Business Agreement shall control.
Barilla reserves the right to change the terms, conditions, and notices concerning use of the Barilla Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Barilla Website. Your continued use of the Barilla Website constitutes your agreement to all such terms, conditions, and notices.
Barilla reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Barilla Website or any portion thereof at any time, without notice. You must be at least 18 years of age to transact any business with Barilla or to submit any Personal Information to Barilla. As such, if you transact or attempt to transact any business with Barilla or submit or attempt to submit any Personal Information to Barilla, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE BARILLA WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Barilla Website.
Materials provided to Barilla
If you submit any feedback, suggestions, recipes or other communications (each a "Submission" and collectively "Submissions") to the Barilla Website or to Barilla, you are granting Barilla, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Barilla is under no obligation to post or use any Submission you may provide and Barilla may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the Barilla Website ("Trademarks") are trademarks/trade dress or registered trademarks/trade dress of Barilla (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries. The Trademarks are valuable assets of Barilla and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Barilla and, as such, may only by used by Barilla or other authorized persons or entities for the benefit of Barilla and only in connection with the products and services authorized by Barilla. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Barilla, its affiliates, subsidiaries or parent companies is strictly prohibited. You may not use any of the Trademarks in any manner without the prior written consent of Barilla. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download in connection with the Barilla Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of Barilla and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Barilla Website is the exclusive property of Barilla and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Barilla and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Notices and procedure for making claims of copyright infringement For information about copyright or infringement claims, please view our Copyright Infringement Policy
Member account, password, and security
Certain customers and partners of Barilla may receive a password from Barilla to access certain information on the Barilla Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Barilla immediately of any unauthorized use of your account or any other breach of security. Barilla will not be 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. However, you could be held liable for losses incurred by Barilla or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Barilla.
Links to third party sites
Risk of loss for purchases
All promotional items purchased from Barilla, either through the Barilla Website or by other means, are made pursuant to a shipment contract. Delivery of goods shall be the responsibility of the carriers selected by Barilla. However, in the event that any goods shipped to you are damaged or lost, Barilla shall issue you a prompt refund for the full amount of the goods damaged or lost. Barilla's liability is limited to the amount of the damaged or lost goods ordered and, therefore, does not extend to cover any direct, indirect, incidental or consequential damages resulting from the damage or loss of the goods. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information. All inquiries regarding damaged or lost goods should be directed to our Customer Service department.
Product warranty information
Parties other than Barilla manufacture certain products offered on the Barilla Website. The third party manufactured products often carry warranties from their manufacturer. Please check with the manufacturer of the product for complete details regarding any warranty the product may be covered under. Please see DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY below for further information.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
Disclaimer of warranties and limitation of liability
You agree to indemnify and hold Barilla, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Barilla Website and/or any information (text or graphical), software, or products obtained through the Barilla Website and/or from Barilla.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Barilla with respect to the Barilla Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Barilla with respect to the Barilla Website.
Electronic records and communications
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Customer service If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday, through our Contact Us page or by telephone at 1-800-922-7455.
STATEMENT OF PRIVACY
Barilla America, Inc. and its wholly owned subsidiary WASA North America LLC (collectively "Barilla") recognizes the importance of protecting your privacy and takes that obligation seriously by meeting or exceeding privacy regulations promulgated under United States law. Barilla also knows that you care about how your usage data, including your name, address, telephone number, e-mail address, and credit card information ("Personal Information") is used and/or shared. Barilla's sole intent in collecting Personal Information is to balance its legitimate business interests against the reasonable expectations of privacy of its customers. As such, except as provided for under USAGE below, BARILLA DOES NOT SELL, RENT, SWAP OR OTHERWISE DISCLOSE ANY PERSONAL INFORMATION TO THIRD PARTIES THAT ARE NOT EMPLOYED BY OR AFFILIATED WITH BARILLA. Consequently, Barilla adopted this Statement of Privacy to inform Barilla website (the "Barilla Website") users how it does collect, store, and use Personal Information.
EU-US and/or Swiss-US Data Transfers
Barilla has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. See Barilla’s Privacy Shield Statement here. You can view WASA North America LLC’s Privacy Shield statement here. To learn more about Privacy Shield, please visit www.privacyshield.gov.
Collection of personal information
To enable Barilla to provide you with requested information and process orders, Barilla collects Personal Information from you on various sections of the Barilla Website. In addition, Barilla collects Personal Information when you register with the Barilla Website or when you register for any services, special offers or drawings available on the Barilla Website. Barilla may also collect general statistical information of the Barilla Website's usage (such as your IP address, browser type, originating domain names, access times and referring website addresses). Such information is utilized as provided under USAGE below.
Privacy policies of third party websites
The Barilla Website may contain hyperlinks to third party websites, and while Barilla makes all reasonable efforts to hyperlink to websites that share our high standards and respect for privacy, Barilla is not responsible for the content or the privacy practices of third party websites. As such, Barilla encourages you to review the privacy statements of websites you choose to link to from the Barilla Website so that you can understand how those websites collect, use and share your information.
Cookies, third party ad networks
Security of personal information
Removal, review and correction
Barilla Website users may remove their Personal Information from Barilla distribution lists by contacting our Customer Service department. Barilla acknowledges that EU and Swiss individuals have the right to access the Personal Information that we maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to ComplianceAmericas@barilla.com. If requested to remove data, we will respond within a reasonable timeframe. Barilla will also provide an individual opt-out or opt-in choice before we share their Personal Information with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to ComplianceAmericas@barilla.com.
Children and minors online privacy
Barilla complies with the Children's Online Privacy Protection Act (COPPA) which stipulates that Web site operators cannot knowingly collect personal information from children under age 13 without verifiable parental permission. Children are not eligible to use any of our services contained in this Site. We do not knowingly collect or use any personal information from users under 18 years of age. No information should be submitted to this Site by visitors under 18 years of age, and visitors under 18 years old are not allowed to register for our contests, newsletter, clubs or activities. You must be 18 years or older to use our services. If you are a minor, you can use our services only in conjunction with your parent or guardian and therefore you hereby agree and acknowledge that you are at least 18 years old or that a parent or guardian is supervising usage by, and is responsible for the actions of, any minor(s) who use your computer and/or account(s) to access the Barilla Website.
Barilla welcomes your comments regarding this Statement of Privacy. If you believe that Barilla has not adhered to this Statement of Privacy, please visit our Contact Us page.