Terms and Conditions

Access to our Website is granted on a temporary basis and we reserve the right to withdraw or modify that access without notice (see “Website availability” below). We are not liable in the event that the Website is unavailable for any reason.

We reserve the right to block or restrict your access to the Website, the Services, or other features or parts thereof at any time and without notice.

Darey Brands endeavours to make the Website available 24 hours a day. Darey Brands is not liable for any lack of availability of the Website for any reason and for any duration. Access to the Website may be prevented without notice, in particular by system failures, maintenance work, repairs and/or other events lying outside the control of Darey Brands.

Your access to the Website, your ability to load some or all parts of the Website and/or your registration (where applicable) may be withdrawn, blocked and/or terminated by Darey Brands at any time and without notice. Darey Brands is not liable in such events or cases.

The User is required to provide correct information at the time of registration (where applicable) and to inform Darey Brands without delay if that information changes. Any access information and codes/passwords customised for the User and notified to the User are intended for the User’s personal use only and must be kept confidential and protected by the User against unauthorised access by third parties.

The Website and Services may be used for legally permitted purposes only. You may not do any of the following while accessing or using the Website or Services:

• access, tamper with or use non-public areas of the Services or the technical delivery systems of our Providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Emmi (NOTE: scraping the Services without the prior consent of Prisidio is expressly prohibited);
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services;
• duplicate, translate, modify, copy, reverse engineer, disassemble, decompile the Services or any firmware or software provided therewith;
• use the Services to develop, test, host, or run and operate applications on behalf of third-parties without Emmi’s prior written consent;
• use the Services in any way that is contrary to the terms and conditions of the Agreement; or
• use the Services for any unlawful purposes.

You may include a link to our Website, provided that you do so in a reasonable and legal manner that does not jeopardise or exploit the reputation of Darey Brands. You may not link to the Website in a manner that suggests you are in any way connected or associated with or approved or licensed by Darey Brands. Darey Brands reserves the right to withdraw its consent at any time to any links being inserted.

The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by Darey Brands of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

The name of Darey Brands, the name of the domain https://dareybrands.com , the logo, company symbol and brand are wholly owned by Darey Brands and/or its group companies or licensors. No authorization is granted to use this intellectual property. The Website and its contents are protected by national and international copyright laws and other laws protecting intellectual property.

With regard to the Website and its contents (including any downloads provided for private use, texts, tree structures, software, animations, photographs, illustrations, diagrams, logos, articles, publications, newsletters, press releases, presentations, brochures, etc.), Darey Brands and/or its group companies, or the licensor, are the holders of the copyright and other rights to the intellectual property therein. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by Emmi.

As set out below, individual parts of the Website may not be duplicated, modified, copied or used for other economic or business purposes without prior written consent from Darey Brands. You may download and display the contents of the Website on a computer screen or print it out for your own private use (including these Conditions and the Privacy Policy), provided that you infrienge on copyright and other intellectual property rights. Any usage not in conformity with the Conditions may result in legal action being brought against you for breaching the intellectual property of Emmi Group and/or of third parties.

Any User of the Website who infringes the intellectual property rights of Darey Brands may be subject to all remedies and sanctions provided for by national and international laws.

Any comments, suggestions, ideas or other content that you send or otherwise make available to Darey Brands (hereinafter “User Content”) shall be deemed to have been transmitted on a non-proprietary and non-confidential basis. When you share User Content, you grant Darey Brands a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, or publish that User Content for any commercial uses without any further notice, payment or permission needed from you except where prohibited by law.

The manner in which personal data is gathered and processed by Darey Brands is described in the Privacy Policy. The Privacy Policy constitutes an integral part of the Conditions. The Privacy Policy may be consulted via the link www.dareybrands.com/usa/en/privacy-policy to the Privacy Policy.

If you provide personal data via the Website or Services, you undertake to provide information that is accurate and does not interfere with the interests or rights of Darey Brands or third parties.

The Website and Services are made available without any obligation, undertaking, warranty or guarantee. Darey Brands hereby rejects any liability or responsibility for loss or damage of any nature (including but not limited to failure to make a profit, unrealised savings, or fruitless expenditure) that may arise via or in connection with your access to or use of this Website or with any trust in this Website or Services, to the full extent permitted by applicable law. This exclusion of liability applies to any of Darey Brands's group companies and subcontractors as well to any agents, directors, employees, shareholders or representatives of Darey Brands and/or its group companies and subcontractors.

The aforementioned exclusion of liability shall apply regardless of whether any such loss or damage occurs during the normal course of events or is reasonably foreseeable, or whether it occurs as a result of other errors or omissions on the Website or Services (whether intentional or negligent in nature).

You understand and agree that the Services are provided to you on a “AS-IS” and “AS AVAILABLE" basis. You must take the reasonable precautions yourself before using the Website or downloading content from it.

We make no warranty and disclaim all responsibility and liability for: (i) the actions of any Darey Brands user; (ii) any injury, harm, property damage, illness or other loss that occurs as a result of uploading, transmitting or otherwise displaying any information or User Content on the Services; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content, User Content, and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; or (vii) any advice or information you receive through the Services; and (ix) any injuries or harm you or a third party incurs as a result of any interaction information or advice received through the Services.  No advice or information, whether oral or written, obtained from Darey Brands or through the Services, will create any warranty not expressly made herein.

Nothing in this section shall apply to Darey Brands's liability for goods, products and services purchased via associated websites. Such purchases are governed by the terms and conditions of sale applicable in each case.

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless Darey Brands from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Conditions or the Agreement; and (2) any activity in which you engage on or through the Services.

Waiver and Severability: Darey Brands's failure to enforce or apply any individual parts or rights of these Conditions shall not constitute a waiver of such rights, unless Darey Brands has acknowledged and declared such waiver in writing. In the event that any provision of these Conditions is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Conditions will remain in full force and effect.

Controlling Law and Jurisdiction: These Conditions and your use of the Website and Services are governed exclusively by the laws of the State of Wisconsin, to the exclusion of the conflict of laws rules. The exclusive place of jurisdiction shall be the State of Wisconsin, but Darey Brands is also entitled to assert its rights before any other competent court in order to protect its copyrights or to assert other rights to which Darey Brands is entitled. These provisions on applicable law and jurisdiction shall apply subject to the application of any mandatory provisions to the contrary.

Entire Agreement: These Conditions and the Privacy Policy are the entire and exclusive agreement between Darey Brands and you regarding the Services (excluding any service for which you have a separate agreement with Darey Brands that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Darey Brands and you regarding the Services.

Changes to the Conditions: The effective date of the Conditions is as of the “Last Updated” date above. We may revise the Conditions from time to time, the most current version will always be at  www.dareybrands.com/usa/en/privacy-policy. If you do not wish to be bound by any such revisions to the Conditions, you must discontinue your use of the Website and Services. By continuing to access or otherwise use the Website and Services after those revisions become effective, you agree to be bound by the revised Conditions.

If you have any questions about these Conditions, please contact us at hello@dareybrands.com or by using the “Contact Us” feature on the Website or Services.