This Website is owned and operated by Canada Dry Mott’s Inc. (“CDMI“). All works (including but not limited to data, graphics, photographs, text, images, audio, video, trade-marks, service marks, trade names and other information) (collectively, the “Content“) contained in this Website are owned or used under license by CDMI, its parent company, subsidiaries or affiliates, and/or their respective licensors.
Restrictions on Use
Any and all Content contained in this Website may not be copied, distributed, displayed, reproduced, transmitted, used to create derivative works, published, posted, transferred, sold or modified by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of CDMI or the applicable licensor(s), except for personal, non-commercial use. Use of third parties’ likenesses, names and/or properties is prohibited without express written permission from such third parties.
Interactive Content and User Conduct
Certain features and/or portions of the Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). By using the Website and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to CDMI that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Website:
- is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Website; and
- does not violate any law; and
You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to the Website any User Content that:
- may, in the sole and absolute discretion of CDMI, degrade, tarnish, disparage, or deprecate CDMI, its parent company, subsidiaries or affiliates, and/or any of their products or services, including without limitation any Website and/or the public image or standing in the community of CDMI, its parent company, subsidiaries or affiliates;
- is deemed, in the sole and absolute discretion of CDMI, to be defamatory, trade libelous, pornographic or obscene;
iii. is deemed, in the sole and absolute discretion of CDMI, to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CDMI in its sole and absolute discretion;
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
- contains any viruses, trojan horses, time bombs, 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; and/or
vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
Any postings or other transmissions to this Website will be deemed as non-confidential. By using a Website and providing User Content, you hereby: (i) grant to CDMI, its parent company, subsidiaries and affiliates a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favour of CDMI, its parent company, subsidiaries and affiliates and anyone authorized by such parties to reproduce or otherwise use such materials.
CDMI may cancel any of your registration(s) on this Website at any time, without notice or liability, in the event of production or other unanticipated problems, irregularities or technical corruptions, including a virus or other technical problem.
CDMI makes efforts to ensure that the contents of this Website that are posted by CDMI are reliable, but inaccuracies may occur from time to time. CDMI disclaims any representations and warranties, express or implied, in connection with the contents or use of this Website.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
To the maximum extent permitted by the applicable laws, CDMI its parent company, subsidiaries or affiliates shall not be liable for any direct, indirect, special, incidental or consequential damages, whether in contract (including fundamental breach), tort (including negligence) or otherwise, that may arise as a result of the use of, or any information contained on, this Website or for any faulty electronic data submission, equipment failure or other online communication problems, including download problems and viruses. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, CDMI, ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE.
Changes and Termination
If you have any questions or comments regarding this Website, please contact us at 1-800-263-1425 or e-mail us at canadadryrnotts.ca/contact.