Ocean Spray Legal Terms of Use
Ocean Spray is committed to making its terms and conditions and other important information clear and transparent. These "Terms of Use" were updated in 2014 and comprise the terms on which you use the www.oceanspray.com internet website.
In these Terms of Use:
Ocean Spray refers to Ocean Spray Cranberries, Inc. Website refers to this website, www.oceanspray.com Affiliates refers to any direct or indirect parent, subsidiary, sponsors, or affiliated companies of Ocean Spray and shall include any authorized bottlers of Ocean Spray.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF YOUR USE OF THIS WEBSITE
Your use of this Website, including accessing or browsing the Website, is deemed to be your acceptance of these Terms of Use, the Privacy Policy, and where applicable, our Children's Privacy Policy. Please read all policies and terms carefully. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website immediately and refrain from using the Website in the future.
The Website is intended for use by residents of the United States only. All of the terms and conditions found on this Website, including those within these Terms of Use, are governed by the laws of the state of Delaware. By entering the Website, you agree to submit to the exclusive jurisdiction of the state of Delaware courts in the event of any dispute. If any of these Terms of Use are held to be invalid, unenforceable, or illegal for any reason, the remaining Terms of Use will continue in full force.
Any personal data (for example, your name, address, telephone number, or e-mail address) you transmit to the Website by electronic mail, by direct entry, or otherwise, will be used by Ocean Spray in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions, recipes, or the link will be treated as non-confidential and non-proprietary.
Ocean Spray reserves the right to release your private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these Terms of Use.
You can find details below of legal and regulatory information about us, our products, our approach to privacy, security, and terms and conditions for use of our website.
GENERAL DISCLAIMER
Your use of and browsing in the website are at your own risk. To the fullest extent permitted by law, neither Ocean Spray nor its Affiliates, nor any of its agencies, nor any other party involved in creating, producing, or delivering the website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, the website. You are advised that there are risks associated with activities related to the world wide web and incurred by using the internet and world wide web, and these risks arising from your use are borne by you.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers, but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.
SPECIFIC WARNINGS AND DISCLAIMERS
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
Ocean Spray assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the website, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence. You, as the User, must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. Everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence, to the extent permitted by law.
Ocean Spray makes no warranty that the website will meet users' requirements, that the website will be uninterrupted, timely, secure, or error free. Users understand and agree that any information or material and/or goods or services obtained through the website is obtained at the user's discretion and risk.
Ocean Spray may, from time to time, change or add to this Website (including these Terms of Use) or the information, products, or services without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if error occurs in the information on this Website or if that information is not up-to-date.
Your use of the Website is also subject to any other law or regulation that applies to the website, the internet, or the world wide web.
Ocean Spray has not reviewed any or all of the sites linked to the website and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the website. Ocean Spray does not accept any liability or responsibility for any cookies, data or personal information collected by other linked sites accessed through this site, nor the linked sites.
OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All trademarks are protected from commercial use by third parties. You must not use any registered or unregistered trade marks on the website without either our prior written permission or the prior written permission of the relevant trade mark owner.
You should assume that everything you see or read on the website is copyrighted unless otherwise noted and may not be used, except as provided in these Terms of Use or in the text on the website, without the written permission of Ocean Spray. Ocean Spray does not warrant or represent that your use of materials displayed on the website will not infringe rights of third parties.
Images of people or places displayed on the website are either the property of, or used with permission by Ocean Spray. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The website and its content are made available for your personal entertainment, information, and communication only, and all content is provided for your non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the content of the website for public or commercial purposes, including but not limited to the text, images, audio, and video without the written permission of Ocean Spray.
You are also advised that Ocean Spray and its Affiliates, in their sole discretion, may choose to aggressively enforce its or its Affiliates' intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction.
CONDUCT
You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Website.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Ocean Spray will fully cooperate with any law enforcement authorities or court order requesting or directing Ocean Spray to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Website.
USER-GENERATED CONTENT
You agree and hereby grant Ocean Spray world-wide, perpetual, non-exclusive royalty-free, assignable, sublicensable, transferable rights to use any text, images, graphics, audio/visual or other materials on this web site created by you (collectively "User-Generated Content") for any purpose. User-Generated Content includes any content submitted, displayed or posted on any section of the website, or contained in any communication you may send to Ocean Spray. You irrevocably waive any claims and assertions against Ocean Spray of moral rights or attribution with respect to your User-Generated Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User-Generated Content.
BREACH OF THESE TERMS OF USE
Ocean Spray may, in its sole discretion, prevent you from accessing the website or remove and discard any content within the website if, for any reason, including without limitation, Ocean Spray believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Ocean Spray reserves the right to contact any authority or other relevant party and disclose any personal information and other information, or take legal action, regarding your conduct on the Website.
UPDATES TO THIS PRIVACY POLICY
From time to time, we reserve the right to make updates to this Privacy Policy. We will notify you about material changes in the way we treat personally identifiable information by, for example, placing a notice on this Website. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it, and to whom we disclose it. Your continued use of the Website following any changes to this Privacy Policy will be deemed to constitute your acceptance of such change.
QUESTIONS OR COMMENTS ABOUT OUR POLICIES
If you have any questions about our Privacy Policy or our Children's Privacy Policy, you can Contact Us by e-mail, phone, or letter. We'll be happy to answer your questions or hear your concerns.