Terms and Conditions
Access to and use of the Fruit Shoot website (the "Site") is provided by Britvic North America LLC ("Britvic" or "we") subject to the following terms and conditions ("Terms"). By accessing the Site you are agreeing to the Terms, whether or not you register as a user on the Site.
Use of Content
1.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively, the "Content") is protected by copyrights, trade marks, service marks, patents or other proprietary rights and laws. You acknowledge and agree that you are permitted to use the Content only on the bases expressly set out below and any use such as (but not limited to) copying, reproducing, transmitting, distributing, extracting or reutilising the Content or creating derivative works of the Content is prohibited without the prior express written authorisation of Britvic.
1.2 Britvic and its licensors are the exclusive owners of all intellectual property and proprietary rights in and to the Site and the Content. All Content on the Site remains the sole property of Britvic, its associated companies and its or their licensors, as appropriate.
1.3 The trade marks displayed on the Site are registered and unregistered trade marks of Britvic, its associated companies and its or their licensors. Britvic, its associated companies and its or their licensors are the exclusive owners of all intellectual property and proprietary in the images displayed on the Site.
1.4 Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade mark, copyrighted image or proprietary database displayed on or made available through the Site. In the event that you misuse any trade mark, copyrighted image, proprietary database or Content in violation of these Terms, Britvic, its associated companies and its or their licensors will have the right to enforce their intellectual property and proprietary rights to the fullest extent of the law, including the seeking of criminal prosecution.
1.5 You may, for your personal, non-commercial use only, retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network).
1.6 Except as expressly set out in clause 1.5 above, you may not reproduce, publish, modify, store, archive, extract, re-utilise or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without the prior written permission of Britvic (and neither may you authorize a third party to do any of the same):
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- remove the copyright or trade mark notices from any copies of Content made under these Terms; or
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
Links to and from Other Sites
2.1 This Site may link to other sites not maintained by or related to Britvic. Such hyperlinks are provided as a convenience to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with Britvic or its products and services. Britvic has not reviewed all of the sites linked to the Site and is not responsible for or the controller of the content or the operation of any pages from or links to any other sites. Viewing sites other than this Britvic site is at your own risk and Britvic takes no responsibility for damage suffered as a result of your use of such sites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Britvic operated site or have moved to another site.
2.3 You may not, without Britvic's prior written permission, link to this Site from another internet site or equivalent entity.
Information on the Site
3.1 Information on the Site is subject to change without notice.
3.2 Information regarding Britvic's products and services is applicable only in the United States unless otherwise stated. Some products and services may not be available in certain areas. Britvic makes no representations that the Content in this Site is appropriate or available for use in other countries outside the United States. Those who do access this Site from a country other than the United States are solely responsible for compliance with the laws of that country.
Exclusion of Liability / Disclaimer
4.1 While Britvic uses reasonable efforts to include accurate and up to date information in the Site, Britvic makes no warranties or representations as to the accuracy, correctness, reliability or otherwise of such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the Content or for any damage caused by reliance on such information.
4.2 Britvic makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
4.3 Use of and browsing on the Site is done at your own risk. None of Britvic, its licensors or any other party involved in creating, producing, delivering or maintaining the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing of, the Site, or your downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site 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. Because some jurisdictions do not permit the exclusion of implied warranties, the above exclusions may not apply to you.
4.4IN NO EVENT SHALL BRITVIC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BRITVIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.1 From time to time, Britvic (and its associated companies) may ask that you transmit to it or to the Site by electronic mail or otherwise your feedback on Britvic products and/or services. Any communication or material you transmit or send will be (a) treated as non-confidential and non-proprietary by Britvic, (b) become the property of Britvic and Britvic shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Britvic or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting in whole or in part, in any medium and in any manner on this Site or otherwise. However, Britvic shall be under no obligation to respond to any such communication.
Availability of Site
6.1 While Britvic strives to make the Site available 24 hours a day, Britvic will not be liable if for any reason the Site is unavailable at any time or for any period. Britvic does not guarantee that the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if Britvic is aware of them.
Changes to these Terms
7.1 Britvic reserves the right, in its sole discretion, to make changes at any time to any part of the Site and its related services. Due to its policy of updating and improving the Site, Britvic may wish to change these Terms. When Terms are changed, the new Terms will be published on this Site and will be applicable as soon as they are published on the Site. You should periodically revisit these pages to ensure that you are familiar with our current Terms. If you use the Site or related services after Britvic has published or notified you of changes to these Terms, you will be deemed to have agreed to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services).
Competition and Prizes
8.1 From time to time Britvic will run competitions, free prize draws and promotions on the Site. These are subject to additional terms and conditions which will be made available at the time they are run. You agree that we can use any personal details which you give us to contact you in connection with such competitions, prize draws and promotions.
Choice of Law and Jurisdiction
9.1 These Terms shall be governed by, and construed in accordance with the laws of the State of Florida without reference to its conflict of laws provisions. We agree to exclude application of the U.N. Convention on Contracts for the International Sale of Goods from this Agreement and any transaction between us related thereto.
9.2 You acknowledges that the Site and any software available on or through the Site and all related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations. You agree to (i) comply strictly with all legal requirements established under these controls, (ii) cooperate fully with Britvic in any official or unofficial audit or inspection that relates to these controls and (iii) not export, re-export, divert or transfer, directly or indirectly, any such item or direct products thereof to Cuba, Iran, North Korea, Sudan, Syria or any country that is embargoed by Executive order, unless Distributor has obtained the prior written authorization of Britvic and the Bureau of Industry and Security.
9.3 You and Britvic agree to arbitrate any and all claims, demands, disputes, controversies, differences or misunderstandings arising out of or relating to these Terms, or the failure or refusal to perform the whole or any part hereof, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event you or Britvic have a dispute, you or Britvic must send to the other a notice of the dispute, describing the name, address and contact information of the party initiating this dispute resolution process, describing the facts giving rise to the dispute, and the remedy sought. Notices of dispute to Britvic must be sent to email@example.com Attention: General Counsel. We will send any notice of a dispute to you at the contact information we have for you.
YOU ARE GIVING UP THE RIGHT TO RESOLVE YOUR DISPUTE IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a single arbitrator whose decision will be final except the limited right of appeal under the U.S. Federal Arbitration Act. Arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award the same damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim and not the claims of others. Neither you nor Britvic will seek to have a dispute heard as a class action.
The arbitrator is not empowered to make any award that is inconsistent with the limitations on liability in the Agreement. The arbitrator shall have the sole authority to determine whether the dispute is subject to arbitration.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Britvic will pay all filing, AAA, and arbitrator's fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $5,000, whichever is greater, and pay your attorney, if any, two times the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys' fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Delaware, United States of America, and you and Britvic agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If any portion of this arbitration clause is found to be unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Notice and Takedown
10.1 If you believe that any of the Content or other material on the Site infringes your copyrights, you may send notice of your claim:
Britvic Soft Drinks Limited
FAO General Counsel
10.2 You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
11.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
11.2 If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
11.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
11.4 These Terms set out the entire understanding and agreement between you and Britvic with respect to the Site. You acknowledge that any other agreements between you and Britvic with respect to the Site are superseded and are of no force or effect.