Last Updated: May 24, 2018
Welcome to The Oneida Group Inc. (“Oneida”) websites, which include but are not limited to the Oneida’s retail (oneida.com) and the foodservice (foodservice.oneida.com) websites as well as all content, features, functionality, and services offered on or thorough the same (individually and collectively, the “Websites”).
3. Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Mobile Device Access
To the extent you access the Websites or the Oneida App through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Oneida account information to ensure that your messages are not sent to the person that acquires your old number.
5. Intellectual Property Rights
The Website and its entire contents, features, and functionality are owned by Oneida, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Oneida.
The names and logos on this site, including, but not limited to, Oneida, Anchor Hocking, Sant’ Andrea, Luzerne, Buffalo, Delco, and Strata brand names, and all related names, logos, product and service names, designs and slogans are trademarks of Oneida or its affiliates or licensors. You must not use such marks without the prior written permission of Oneida or the respective third-party owner.
7. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Oneida or users of the Websites or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
8. User Comments and Other Materials
The Websites may allow users to post, submit, publish, display or transmit (hereinafter, "post") content including, without limitation, comments, suggestions, product reviews, photos, ideas, and other materials (collectively, "User Comments") on or through the Websites.
Any User Comments you post to the site will be considered non-confidential and non-proprietary. By posting User Comments on or through the Website, you grant us the right to use, reproduce, modify, perform, display, distribute, transmit, and otherwise disclose to third-parties any such material for any purpose/according to your account settings. We may allow our affiliates and service providers, and each of their and our respective licensees, successors and assigns to do the same with your User Comments.
You represent and warrant that: (a) you own or control all rights in and to the User Comments and have the right to grant the rights granted above; (b) your User Comments will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (c) your User Comments will not violate the legal rights (including the rights of publicity and privacy) of any person or entity; and (d) you will not impersonate any person, or misrepresent your identity or affiliation with any person or organization.
You understand and acknowledge that you are responsible for any User Comments you submit or contribute, and you, not Oneida, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Comments posted by you or any other user of the Websites.
9. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Comments for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS ONEIDA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10. Copyright Infringement
If you believe that any User Comments violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Oneida to terminate the user
11. Reliance on Information Posted
The information presented on or through the Websites are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties including, for example, User Comments. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Oneida, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Oneida. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Website
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
13. Information About You and Your Visits to the Website
14. Online Purchases and Other Terms and Conditions
15. Social Media Features
The Websites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Websites.
- Send e-mails or other communications with certain content, or links to certain content, on the Websites.
- Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
We may disable all or any social media features and any links at any time without notice in our discretion.
16. Links from the Website
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Disclaimer of Warranties
EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONEIDA NOR ANY PERSON ASSOCIATED WITH ONEIDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ONEIDA NOR ANYONE ASSOCIATED WITH ONEIDA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, ONEIDA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN NO EVENT WILL ONEIDA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Time to File Claims
21. Waiver and Severability
22. Entire Agreement
23. Your Comments and Concerns
The Websites are operated by The Oneida Group Inc. 200 S. Civic Center Drive, Suite 700, Columbus, Ohio 43215.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: firstname.lastname@example.org.