TERMS AND CONDITIONS
The Gatorade Company ('Gatorade') maintains this Web site ('the Site') for our joint information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.Your access to and use of the Site is subject to the following terms and conditions ('Terms and Conditions'). Gatorade may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. You may not use spiders, robots, data-mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions.
The Site may include sections where you can post your electronic assets on designated topics. We cannot guarantee that other users (or other parties) will not use the assets that you share. Therefore, if you have an asset that you would like to keep confidential and/or do not want others to use, do not post it to the Site. THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND YOUR PARTICIPATION AND SUBMISSION HEREUNDER CAUSES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH GATORADE. PLEASE READ THIS VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SUBMITTING ANY MATERIALS. Any submission(s) you make on this Web site that contain content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, written materials and/or other materials ('User Content') are governed by the following license terms ('License'):
- You hereby grant to Gatorade an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with the User Content. Gatorade shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
- You hereby acknowledge and agree that: (a) Gatorade shall have the right to crop, edit, alter or arrange the User Content in any way it desires in Gatorade's sole discretion; (b) Gatorade shall not have any obligation to provide you with any credit when using your User Content, but in the event Gatorade chooses to provide you with credit the size and placement of the credit shall be at Gatorade's sole discretion; (c) you shall waive any 'moral rights' that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from Gatorade in connection with the User Content. You understand that Gatorade will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Gatorade use your User Content.
You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Gatorade's use and exploitation of the User Content; and (e) the User Content conforms to the Acceptable Use Policy described below.
TERMINATION OF ACCESS.
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
You agree to defend, indemnify and hold harmless Gatorade, its parent company and all of their officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your User Content, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by Gatorade) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You should assume that all materials, designs, text and images (collectively, the 'Materials') contained in the Site are either the copyrighted property of Stokely-Van Camp, Inc. unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the Site for noncommercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Stokely-Van Camp, Inc., and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. Gatorade neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Stokely-Van Camp, Inc. and used by Gatorade and its subsidiaries (the 'Trademarks'). The Trademarks displayed on the Site are registered and unregistered Trademarks of Stokely-Van Camp, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Gatorade will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
LIMITATION OF LIABILITY/NO WARRANTY.
Gatorade makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED 'AS IS' AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
This Web site is not intended for children.
THIRD PARTY LINKS.
This Site may link to other sites not maintained by or related to Gatorade. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Gatorade. Gatorade has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
These Terms and Conditions are governed and interpreted under the laws of the state of Illinois, United States of America. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Any claims asserted by you in connection with the Site must be asserted in writing to Gatorade within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and Gatorade with respect to the Site. You acknowledge that any other agreements between you and Gatorade with respect to the Site are superseded and of no force or effect.Both you and Gatorade acknowledge and agree that no partnership is formed and neither of you nor Gatorade has the power or the authority to obligate or bind the other.
No waiver of any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms and Conditions shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.Effective Date: 12.18.2013