Privacy
Statement |
And now
a word from our lawyers...
Access to
and use of this website ("Site") is subject to the following
Terms and Conditions and all applicable laws which, by accessing and browsing
the Site, the user (“User”) accepts, without limitation or
qualification.
The information
set forth in this Site concerning any products or services is subject
to change without notice. Elements products and services posted on this
site may not be available in all geographic locations.
The information
contained in this Site is intended for entertainment purposes only and
the views and opinions expressed therein are not necessarily those of
Snapple Beverage Corp.
Trademarks,
service marks and logos displayed on the Site are the exclusive property
of Snapple Beverage Corp., and such trademarks may not be used without
the express written consent of Snapple Beverage Corp. All other products
or trademarks used herein are the exclusive property of their respective
trademark owners.
Snapple
Beverage Corp. has not reviewed all of the sites linked to the Site and
is not responsible for the content of any off-site pages or any other
sites linked to the Site.
Distribution,
transmission, modification, copy, reproduction or any type of use of the
content of the Site for public or commercial purposes including, without
limitation, the text, images, audio, video and source code is prohibited
without Snapple Beverage Corp.'s written permission or others, as may
be applicable. Use of third parties' likenesses, names and/or properties
is prohibited without express permission from such third parties.
The User
may, for personal, non-commercial use only, download a single hard copy.
Except as expressly provided, nothing contained herein shall be construed
as creating any license or right under copyright, trademark, or other
intellectual property right of Snapple Beverage Corp.
Use of and
browsing in the Site is at the User's risk. Snapple Beverage Corp. makes
no warranties or representation as to the accuracy of the information
contained in this Site and assumes no liability or responsibility for
any errors or omissions in its contents or for any claims that the use
of the materials displayed infringes upon the rights of third parties.
Without limiting the foregoing, everything on this site is provided to
you “as is” without warranty of any kind, either express or
implied, including but not limited to the implied warranty of merchantability,
fitness for a particular purpose or title, non-infringement or freedom
from computer virus. Note that some jurisdictions may not allow exclusions
of implied warranties so some of these exclusions may not apply to you.
Neither
Snapple Beverage Corp. nor any other party involved in creating, producing,
delivering, or maintaining the Site is liable for any costs, losses or
damages including direct, incidental, consequential, indirect, or punitive
damages arising out of the User's access to, or use of, the Site.
Any communication
or material transmitted to the Site by electronic mail or otherwise, including
any data, questions, comments, suggestions, or similar type of information
is, and will be treated as, non-confidential and non-proprietary. Anything
transmitted or posted may be used by Snapple Beverage Corp., or its parent
company, subsidiaries and affiliates for any purpose, WITHOUT COMPENSATION
TO THE USER, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting.
Snapple
Beverage Corp. may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards and uploaded and other interactive
information on the Site. However, Snapple Beverage Corp. does not have
an obligation to do so and assumes no responsibility or liability arising
from the contents. Posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
indecent or profane material or any material that could constitute or
encourage a violation of any law is prohibited.
By submitting
messages and/or materials to the Site, each User agrees to indemnify,
defend and hold harmless Snapple Beverage Corp., its parent company, subsidiaries
and affiliates from all damages, costs and expenses, including reasonable
attorneys’ fees and costs arising out of all claims, challenges
or actions related to the User's submission, including, without limitation,
claims for infringement of intellectual property rights, libel and defamation
related to the User's submission.
The User
agrees to indemnify, defend and hold harmless Snapple Beverage Corp.,
its parent company, subsidiaries and affiliates from all damages, costs
and expenses, including reasonable attorneys’ fees and costs arising
from any violation of these terms and conditions or any activity related
to your Internet account, including but not limited to negligent or wrongful
conduct, by you or any other person accessing the Site using your Internet
Account.
The information
on the Site is intended only for the promotion of products available in
the United States unless otherwise specified. We make no representation
or warranty that the content of the Site is applicable or appropriate
for use in any jurisdiction outside of the United States. Any claim relating
to the Site or your use of it shall be governed by the laws of the State
of New York, without regard to its conflict of laws provisions, and you
agree that jurisdiction and venue in any legal proceedings directly or
indirectly arising out of or relating to the Site shall be in a Federal
or State court having proper subject matter jurisdiction and located within
Westchester County, New York.
These Terms
and Conditions may be revised at any time and such revisions are binding
on the User of the Site.
© 2004
Snapple Beverage Corp. All rights reserved.
Elements is a registered trademark of Snapple Beverage Corp.
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