Effective: 10 January 2019
Welcome to our www.brandsworld.us website! Suntory Beverage & Food Asia Pte Ltd (”Suntory”), a Singapore corporation, and/or its subsidiaries and affiliated companies (collectively, “we,” “our,” or “Suntory”) own and operate the www.brandsworld.us website and any derivative website on which these Terms of Services (“Terms” or “Agreement”) are posted. We have adopted these Terms to make you aware of the terms and conditions of your access and use of our www.brandsworld.us website, any derivative website on which these Terms are posted, and any Materials (defined below), or other products or services that are offered or provided via the aforementioned websites (collectively, the “Site"). If you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.
Suntory reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting changes to this page. You understand that you have the affirmative obligation to check these Terms periodically for changes, and you hereby agree to periodically review these Terms for such changes. The continued use of the Site following the posting of changes to these Terms will constitute your acceptance of those changes. The most current version of these Terms can be reviewed at www.brandsworld.us/Use-of-Website-Terms.
BY USING OR OTHERWISE ACESSING THE SITE, POSTING OR DOWNLOADING MATERIAL OR ANY OTHER INFORMATION TO OR FROM THE SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEBSITE, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, you HEREBY UNEQUIVOCALLY AND EXPRESSLY agree to, and shall be subject to and bound by, these Terms in their entirety and to follow these Terms. If you do not accept these Terms,YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, POST OR DOWNLOAD MATERIAL OR ANY OTHER INFORMATION TO OR FROM THE SITE, PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEBSITE, OR OTHERWISE USE OR ACCESS THE SITE.
General Use Requirements and Limitations
Suntory grants you a limited non-exclusive, non-transferable and non-subliceseable right and license to use the Site for your non-commercial, personal use or the internal business needs of the entity you represent as an authorized represent, as the case may be, subject to your agreement to, compliance with, and satisfaction of these Terms. All rights not otherwise expressly granted under these Terms are reserved by Suntory. If you do not comply with the Terms at any time, we may (but are not obligated to) revoke the aforementioned license(s), limit your access to the Site, or restrict your ability to post or download Material or order products or services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Material. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.
For purposes of these Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
Suntory Intellectual Property
Unless otherwise specifically noted in these Terms, all images, trademarks, service marks, logos, and icons, displayed on the Site, including, without limitation, BRAND'S® mark and logo, are the property of Suntory and/or its licensors and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Site is the copyrighted property of Suntory, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms. Any unauthorized use of any Material, whether owned by Suntory or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You may not copy, decompile, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property included or contained in the Site or the Material (or any part thereof) or grant any other person or entity the right or access to do so.
For certain aspects of the Site, you may be asked to register an account. If you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. The account is personal to you, and you may not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify us if: (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Suntory may refuse to grant a particular username to you for any reason, including, without limitation, if we determine that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material or information provided by Suntory or other third parties (collectively, the “Material”) that are protected by copyrights, trademarks, trade secrets, patents, or other intellectual property laws or proprietary rights and laws. You acknowledge and agree that these rights are valid and protected in all forms, media, and technologies existing now or in the future.
We welcome your comments, feedback, information, or materials regarding the Site, Material, or our products or services (collectively, “Feedback”). If you submit Feedback to Suntory, please note that your Feedback shall become the property of Suntory. By submitting your Feedback to Suntory, you agree to assign, and hereby irrevocably assign to Suntory, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Suntory shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Our Site may provide, or third parties may provide, links to other websites or resources on the Internet. Because we have no control over such websites or resources, you acknowledge and agree that Suntory is not responsible for the availability, reliability or accuracy of such websites or resources, and Suntory does not endorse,and is not responsible or liable for, any Material, advertising, products, services, or other content information on or available from such websites or resources, nor is Suntory responsible for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that Suntory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such third party websites or resources.
Suntory may allow uses to place Orders (defined below) for products, subscriptions, and/or services via the Site or through its third party affiliates. “Order” means any order placed by a user for products, subscriptions, and/or services via the Site that is accepted by Suntory. In the event that you are a user placing an Order to purchase products, subscriptions and/or services, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party Site make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party Site. By making such purchases, you hereby agree that Suntory has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party Sites.
Upon placing an Order, you shall pay to Suntory the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. Suntory or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order.
Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Suntory reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, Suntory will issue you the appropriate credit within a reasonable time after your order has been revoked.
In the event you purchase a product that must be shipped to you, such products will be shipped by Suntory and/or its third-party contractors within a reasonable time after processing of your order. Shipment time will vary depending on the shipping method and service you select. Suntory does not guarantee delivery at any certain time and is not responsible for shipping delays.
If you purchase products that embody or otherwise contain Material owned by Suntory or other parties, you agree to the following restrictions regarding such products and the Material or other information contained or embodied therein: (a) you may not resell any Material or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Material without the express permission of the owner of such Material; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the Material; and (d) you will not obscure or remove any proprietary rights notices contained in or on the Material.
If a product ordered by you is damaged upon receipt, Suntory, at its sole option, may provide a replacement product or refund the purchase price. Damaged products which Suntory will accept for return or refund include products that are missing, torn or physically damaged or inoperable. Otherwise, Suntory cannot guarantee the quality of the products sold via the Site that contain User Material or guarantee the lack of errors in such User Material (including, without limitation, misspellings and grammatical or other errors). Suntory does not monitor or inspect User Material prior to inclusion in products sold via the Site, and the user creating and/or posting such User Material bears all responsibility for such User Material.
If you provide any Feedback via the Site, you hereby make the following additional representations and warranties to Suntory: (1) you are owner of such Feedback or otherwise have the right to grant Suntory the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
The Material provided via the Site, including, without limitation, any health related information and content, or any product or service offered via the Site, is provided for general informational purposes only, with the understanding that Suntory is no rendering medical, health, or general wellness advice on specific matters, and, in any event, is not intended to substitute the advice provided by your doctor or other health care professional. The Material provided via the Site (including, without limitation, information provided by other third parties or licensors) is not intended to be used, and should not be used by you, for purposes of diagnosis, treatment, or prevention of any health condition, problem, or disease, or for purposes of prescribing any medication or nutritional supplements or dietary regime. Accordingly, Suntory assumes no liability whatsoever in connection with your use of our Materials, products, or services, or reliance on our Materials by you or any third parties. We recommend that you consult your doctor or other health care professional before using any of our products or services and carefully read any and all product labels and/or warnings prior to use.
Suntory uses reasonable efforts to maintain the Site, but Suntory is not responsible for any defects or failures associated with the Site, any part thereof, any Material posted using the Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Suntory may undertake from time to time, or (c) causes beyond the control of Suntory or which are not foreseeable by Suntory.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, ANY MATERIAL, AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SUNTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, SUNTORY MAKES NO WARRANTY THAT THE SITE, ANY MATERIAL, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY MATERIAL, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL OR OTHER INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH MATERIAL OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY.
PLEASE NOTE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE SITE OR ANY PRODUCT OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.
THE MATERIAL OR OTHER INFORMATION PROVIDED VIA THE SITE MAY COMPRISE OR CONTAIN SYNDICATED CONTENT, FACTS, VIEWS, OPINIONS, STATEMENTS, AND/OR RECOMMENDATIONS PROVIDED BY THIRD PARTIES. PLEASE BE AWARE THAT SUCH THIRD PARTY INFORMATION DOES NOT REPRESENT THE VIEWS OF SUNTORY, AND SUNTORY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY THIRD PARTY INFORMATION PROVIDED OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY RELIANCE UPON ANY SUCH THIRD PARTY INFORMATION IS AT YOUR SOLE RISK. ACCORDINGLY, SUNTORY ASSUMES NO LIABILITY WHATSOEVER FOR YOUR RELIANCE ON SUCH THIRD PARTY INFORMATION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUNTORY AND ITS AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DAMAGES FROM: PERSONAL INJURY (EVEN IF SUNTORY OR ITS AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR IN CONNECTION WITH: (A) YOUR USE OF OR THE INABILITY TO USE THE SITE, ANY MATERIALS, OR ANY PRODUCTS OR SERVICES PURCHASED VIA THE SITE; (B) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY MATERIAL, PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO VIA THE SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, MATERIAL OR DATA; (D) ANY OTHER MATTER RELATING TO THE SITE, ANY MATERIAL, OR THE PURCHASE OF SUNTORY’S PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL SUNTORY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE, PURCHASING ANY MATERIAL OR PURCHASING SUNTORY’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY SUNTORY FOR PROVIDING THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Suntory, its affiliates, officers, members, directors, employees and agents from and against any and all actions, liabilities, claims, losses, damages, proceedings, judgments, settlements, penalties, expenses (including attorneys’ fees, costs, and expenses) arising out of or in any way connected with (a) your access to or use of the Site (or any part thereof), (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms , (c) yo infringement, misappropriation, or any other violation by you of any intellectual property, publicity, privacy, or other rights of Suntory or any third party, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under these Terms, or (f) your use of any Material, services, or products provided by Suntory. For clarification, this indemnification provision shall survive the termination of these Terms.
Term and Termination
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against Suntory, and Suntory shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Suntory which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Suntory has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Suntory may have for your breach of this Agreement.
Your access to this Site, including the validity and effect of these Terms, shall be governed by, construed and enforced in accordance with the laws of Alameda County, California, without regard to its conflicts or choice of law principles. In addition all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Suntory makes no representation that the Site, Material, products or services, or other content or information provided or otherwise made available via the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Material in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of these Terms are included for ease of reference only and will be disregarded in interpreting and construing these Terms.
If the performance of any part of these Terms by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
The provisions of this Agreement that by their Material are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
Suntory makes no representation that the Site, Material or other material or information on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export Material in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.
Copyright and Copyright Notices
Suntory respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material;
your address, telephone number, and email address;
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
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact us for Notice of Claims of copyright infringement at: firstname.lastname@example.org.