Information, News and Press Releases
The Sites may contain information, news, and/or press releases about us. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update any such information, news, or press releases. Your reliance on information contained on the Sites is at your own risk. Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service and content we provide on our Sites without notice. The Sites may be temporarily unavailable from time to time for maintenance and other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in the operation of the Sites. We are not responsible for any technical malfunction or other problems of any network, server, service, or equipment resulting from or in connection with your use of the Sites.
Links to Third Party websites
The Sites may contain links to websites published by other content providers. Also, at your request, the Sites may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
Your Provision of Personal information to us
User-Provided and User-Generated content on the sites
Otter Products EMEA engages a limited number of service providers to facilitate the collection and transmission to the Sites, social media channels, promotional materials and other properties of User-Provided and User-Generated Content (“User Content”), including product reviews, text, graphics, audio, video, location information, photos, social media content and other materials, for use by Otter Products EMEA in connection with its business, including Otter Products EMEA’s product feature, marketing, promotional, advertising and other consumer-related activities.
You understand that all information, data, or other materials that you or another user provide in connection with the Sites or otherwise communicate to us, including, but not limited to, product reviews, text, graphics, audio, video, location information, photos, social media content and other materials, are the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Sites. We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. We do not monitor User Content, and you understand that by using the Sites, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User Content posted, emailed, transmitted, or otherwise made available in connection with the Sites.
All User Content that you submit may be used at Otter Products EMEA's sole discretion. Otter Products EMEA reserves the right to change, condense, delete, or refuse to post any User Content on the Sites in its sole discretion. None of the User Content that you submit shall be subject to any obligation of confidence on the part of Otter Products EMEA, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
By submitting any User Content to Otter Products EMEA, you represent and warrant that:
- All moral rights that you may have in such User Content have been voluntarily waived by you;
- You have not violate the rights, including but not limited to copyright, trademark, patent, trae secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation; and
- You are at least 16 years old.
Further, you hereby represent and warrant that you shall not:
a. Upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
b. Upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
c. Upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Sites;
e. Upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
g. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post, email, transmit, or otherwise make available any User-Provided Content for which you were compensated or granted any consideration by any third party;
i. Upload, post, email, transmit, or otherwise make available any User-Provided Content that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
j. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
k. Install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
l. Interfere with or disrupt the operation of the Sites or server networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
m. Attempt to gain or gain unauthorized access to the Sites and/or any service, other accounts, computer systems or networks connected to Sites, through hacking, password mining or any other means;
n. Attempt to obtain or obtain any materials or information through any means not intentionally made available to you through the Sites; or
o. Collect or store information about other users of the Sites.
You hereby release, discharge and agree to hold Otter Products EMEA, our affiliates, and any person acting on our behalf, harmless from any liability related in any way to Otter Products EMEA and our affliate’s use of your User Content.
Your Grant of Limitied Licence
You grant Otter Products EMEA and our affiliates the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
INTELLECTUAL PROPERTY RIGHTS
The Sites may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Otter Products EMEA by authorising use of your User Content or otherwise using or accessing the Sites.
Registration and Passwords
The Sites may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password.
Disclaimer of Warranties
THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
The Sites and their content are provided without any guarantees, conditions, or warranties as to their completeness or accuracy. To the extent permitted by law, we hereby expressly exclude: (a) all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity; (b) any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Sites or in connection with the use, inability to use, or results of the use of the Sites, any websites linked to them, and any materials posted on them, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this paragraph shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect: our liability for death or personal injury arising from our negligence; our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter; or any other liability which cannot be excluded or limited under applicable law.
Choice of Law and Jurisdiction
You accept that most communications we have with you will be electronic, including by posting information on the Sites and sending you emails, and that electronic communications will be considered to be in writing. We may give you notice at your postal or email address. You may give us notice by writing to us at the address set out above. Notice will be deemed received and properly served two business days after the sending of a letter.