Terms of Use

Introduction

This website at https://ovihydration.us (the “Site”) is operated by Suntory Beverage & Food Limited, having its principal place of business at TOKYO SQUARE GARDEN, 3-1-1 Kyobashi, Chuo-ku, Tokyo 104-0031 Japan (“Suntory”, “we”, “us” or “our”).

Acceptance of Terms

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU SHOULD NOT USE THE SITE.

We may update these Terms of Use from time to time, and we may provide notice of these changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last updated these Terms of Use by referring to the “Last Updated” legend at the bottom of this these Terms of Use. We recommend that you check this page regularly to ensure that you have read the most recent version. Your use of the Site will be deemed an acceptance of the then-current version of these Terms of Use. We may also establish general rules and policies regarding use of the Site. We will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site.

Acceptable Use

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, post, e-mail or otherwise transmit in connection with the Site. You agree that any use by you of the Site and all material on the Site or contained therein, all text, graphics, and other works on the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”) shall be in accordance with the following conditions: you may not use the Site or Site Content for any purpose that is unlawful (in the United States, your country of residence and/or the country from which you are accessing the Site) or prohibited by these Terms of Use or any applicable laws; you may not copy, download, reproduce, modify, republish, sell, resell, sublicense, frame, broadcast, distribute, publish, create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purpose, or transmit in any manner whatsoever, the Site Content. You may not, and may not assist or facilitate any third party to, circumvent or disable any security features of the Site, upload, transmit or distribute any virus or malicious code via the Site, forge headers or otherwise manipulate identifiers in order to disguise any User Content transmitted through the Site, interfere with the Site or servicers or networks used in connection with the Site or with the ability of others to use the Site. You may not use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Suntory’s prior written permission.

You may not, and will not permit anyone else to, directly or indirectly, (a) remove or alter proprietary notices or labels on the Site or Site Content; (b) engage in any activity that interferes with or disrupts the Site or Site Content; (c) engage in any fraudulent activity or activity that facilitates fraud; or (d) otherwise act in validation of these Terms of Use.

You may not transmit any User Content: (a) that you do not have the right to transmit or grant the rights and licenses set forth in these Terms of Use; (b) that infringe any patent, copyright, trademark or other intellectual property right or misappropriate any trade secrets or right of privacy of any third party; or (c) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam”, “chain letters” or pyramid schemes.

You may not transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable. You may not use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site.

Intellectual Property

The Site and the Site Content, and all copyright, trademarks and all other intellectual property rights appearing on or contained within the Site shall remain at all times the exclusive property of and owned by us or our licensors, and are protected by copyright, trademark and other laws. Except as provided in these Terms of Use, your use of the Site does not grant you any right, title, interest, or license to any such intellectual property.

You are permitted to use any material and/or content on the Site only as expressly authorized in writing by us or our licensors. Except as provided in these Terms of Use, any use of such material or content, including copy, reproduction, transmission, distribution, commercial exploitation or creation of derivative works, is prohibited. If you become aware of any such unauthorized use, you agree to notify us immediately.

As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal, non-commercial use of the Site in compliance with these Terms of Use. All rights not expressly granted herein are reserved.

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:

are registered and unregistered trademarks and service marks owned by Suntory or our subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that we have established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Suntory or third parties and shall remain the property of Suntory and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Suntory or such third party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.

Content You Transmit to the Site

Except as otherwise described in the Site’s Privacy Policy at https://ovihydration.us (the “Privacy Policy”), as between you and Suntory, any User Content that you transmit will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content that you transmit. You acknowledge and agree that your relationship with Suntory is not a confidential, fiduciary or other type of special relationship, and that your decision to transmit any User Content does not place Suntory in a position that is any different from the position held by members of the general public, including with regard to User Content that you transmit. None of the User Content that you transmit will be subject to any obligation of confidence on the part of Suntory, and Suntory will not be liable for any use or disclosure of any User Content that you transmit.

We do not claim ownership of any User Content that you transmit. However, with respect to User Content that you transmit to the Site, you hereby grant to Suntory a non-exclusive, fully paid and royalty-free, transferable, irrevocable, sub-licensable, worldwide license to use, copy, adapt, translate, excerpt, reproduce, display, publish, modify, distribute and create derivative works of such User Content in any form or media; however, Suntory will only share personally identifiable information that you provide in accordance with the Site’s Privacy Policy. The foregoing license shall survive any termination of your use of the Site. You further agree that Suntory is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Suntory. You grant Suntory and its affiliates the right to use the name you submit in connection with User Content, if they so choose; however, Suntory will only share personally identifiable information that you provide in accordance with Suntory’s Privacy Policy. To the extent permissible by law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.

You acknowledge and agree that Suntory may disclose or use any User Content that you transmit for purposes that include, but are not limited to: (a) enforcing these Terms of Use; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Suntory, its customers or the public. Suntory does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Suntory is merely acting as a passive conduit for such distribution and does not have any obligation to prescreen, monitor, edit, or remove any Content. However, Suntory reserves the right to block, remove, move or edit any of the submissions in its sole discretion.

No Warranties

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SUNTORY, ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, THE “SUNTORY COMPANIES”), OR ANY THIRD PARTY, AS WELL AS THEIR PRODUCTS AND SERVICES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY AND COMPLETENESS.

EXCEPT AS REQUIRED BY LAW, THE SUNTORY COMPANIES DO NOT WARRANT THAT THE MATERIAL CONTAINED IN THE SITE, OR ANY OF THE FUNCTIONS CONTAINED IN THE SITE OR ITS SERVER, WILL OPERATE WITHOUT INTERRUPTION OR DELAY OR WILL BE ERROR FREE, FREE OF VIRUSES OR BUGS OR IS COMPATIBLE WITH ANY OTHER SOFTWARE OR MATERIAL, OR THAT DEFECTS WILL BE CORRECTED.

THE SUNTORY COMPANIES DO NOT WARRANT THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL; DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT; AND DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL THE SUNTORY COMPANIES AND SERVICE PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF EACH OF THEM, BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, WHETHER SUCH DAMAGES ARE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) ON ANY THEORY OF LIABILITY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, (I) USE OF THE SITE; (II) THE SITE CONTENT; (III) USER CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (IV) LOSS ARISING OUT OF UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) LOSS OF DATA; (VI) LOSS OF PROFITS; (VII) LOSS OF GOODWILL; OR (VIII) LOSS SUFFERED BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SUNTORY COMPANIES AND SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ACTS OR OMISSIONS BY THE SUNTORY COMPANIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SUNTORY COMPANIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SUNTORY COMPANIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE SUNTORY COMPANIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You agree to defend, indemnify and hold harmless the Suntory Companies, their business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any User Content that you transmit to or through the Site, any violation of these Terms of Use by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

Third Party Websites

You acknowledge and agree that we are not responsible for the availability of any third-party websites or materials you may access through the Site. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or materials.

Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such website. Any dealings between you and any third party site, including without limitation any third party advertisers or merchants found on or via the Site, including payment for and delivery of products, services, and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant third party. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

Your Personal Information and Registration

In the course of your use of the Site, you may provide us your personal information to us via the Site. In such case, all such personal information will be handled in accordance with the Privacy Policy.

Where we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, we may disclose IP addresses, personal information, and any contents of the Site where we are legally compelled to do so. Please see the Site’s Privacy Policy for additional information relating to the privacy and security of information collected hereunder.

Each registration is for a single user only. In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site, including any registration form, and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms of Use, you represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms of Use on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so. Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

Termination

We reserve the right to discontinue the Site, or terminate your access to this Site, for any reason, without notice to you and without liability to you or any third party. We may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. All provisions of these Terms of Use that by their nature should survive termination of your right to access and use the Site shall survive termination (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses to us).

Invalidity

If any of these Terms of Use are determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, that shall not in no way affect, impair or invalidate any other terms, and all other terms shall survive and remain in full force and effect. In such event, such illegal, invalid or unenforceable provision, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, shall be curtailed and limited only to the extent necessary to bring it within legal requirements of such jurisdiction, and modified to give effect to the parties’ intentions as reflected in that provision.

Governing Law

This Site is hosted in the United States of America and is intended for use by residents of the United States only. Depending on where you are located, please be advised that if you contact us, any information you provide to use may be transferred to the United States or Japan, and that by submitting information, you explicitly authorize such transfer. These Terms of Use shall be governed by and interpreted in accordance with the laws of North Carolina, U.S.A., without reference to conflict or choice of law provisions, and you agree to submit to the exclusive jurisdiction of the courts of North Carolina to hear any disputes. No action arising under these Terms of Use may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

We hereby declare that we should safely and properly collect, manage and use your personal information subject to the terms and conditions of the Site’s Privacy Policy. This Privacy Policy shows our fundamental policy with respect to your personal information which you may supply to us through your visit to the Site (as defined in the Terms of Use). This Privacy Policy is incorporated into, and part of, the Terms of Use that govern your use of the Site in general.

Notice

All notices, demands, or consents given by you under these Terms of Use will be in writing and will be deemed given when delivered to us at the following contact: ovi_info@ovihydration.us or ovihydration@suntory.com.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number and email address
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Suntory’s copyright agent for notice of claims of copyright infringement (“Designated Agent”) can be reached as follows: Email: ovihydration@suntory.com If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice containing the following information to the Designated Agent listed above:

  1. A physical or electronic signature of the content provider or user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the removal or disablement of the material was a mistake or that the material was misidentified; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or, if the content provider’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

These Terms of Use were last updated on 5th February, 2016.