Terms of Use

These Terms of Use describe the terms and conditions applicable to your use of any and all web sites owned and operated by or on behalf of Otter Products EMEA. Your access to and use of the Sites and the information, materials, products, and services available through the Sites is subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, or shopping on the Sites, you acknowledge that you have read these Terms of Use, and that you agree to be bound by its terms and conditions, so please read them carefully.

This website is operated for Otter Products EMEA by our service provider Demandware. The fulfilment of orders placed upon the website is carried out by Link2Biz NV for and on behalf of Otter Products EMEA, but for the avoidance of doubt, your agreement is made with Otter Products EMEA. Notwithstanding the foregoing, any and all limitations and exclusions on our obligations and liability and any disclaimers made by us in these Terms of Use shall apply equally to Demandware. We reserve the right to modify these Terms of Use at any time. Such modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new Agreement on this page. Accessing, browsing, or shopping on the Sites after such notice shall be deemed to constitute acceptance of such modifications.

Privacy Policy

The Otter Products EMEA Intellectual Property Policy, which governs the use of Otter Products EMEA copyrights, trademarks, and patents, including content on the Sites, forms part of these Terms of Use and is incorporated herein by this reference. To the extent the IP Policy references our affiliates including but not limited to Otter Products, LLC and TreeFrog Developments, Inc. all such terms apply equally through these Terms of Use to your relationship with Otter Products EMEA. By accepting these Terms of Use you agree to be bound by the IP Policy.

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 Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update any such information, news, or press releases.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

When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Sites and refuse any and all current or future use of the Sites or any portion thereof.

User-Provided content on the sites

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, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Sites. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. We do not monitor User-Provided Content, and you understand that by using the Sites, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Sites.

By submitting any User-Provided Content to Otter Products EMEA, you represent and warrant that:


All User-Provided 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-Provided Content on the Sites in its sole discretion. None of the User-Provided 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.

Your Conduct

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.

Your Grant of Limitied Licence

By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.

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.

Purchases

If you wish to purchase any products or services made available through the Sites, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information. By initiating a purchase, you represent and warrant that you (a) are eighteen (18) years of age or older and (b) have the legal right to use the payment means selected by you. By supplying such information, you authorize the use of such information in accordance with our Privacy Policy, including, but not limited to, by providing such information to third parties for the purposes of order fulfillment and payment processing. You also understand and acknowledge that Otter Products EMEA uses CyberSource Limited, a third-party payment processor, to process credit card payments on our behalf, and when you supply payment information in connection with a purchase you agree that Otter Products EMEA is not responsible for the security of such information when it is in the control of the third-party payment processor.

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

These Terms of Use shall be governed by the laws of the Republic of Ireland without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of these Terms of Use and/or your use of the Sites must be resolved in the courts of the Republic of Ireland. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. Because some jurisdictions do not permit the choice of law and jurisdiction, these requirements may not apply to you.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies

Attourney's Fees

In addition to any other relief, the prevailing party in any action arising out of these Terms of Use shall be entitled to attorneys' fees and costs.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Notices

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.

Assignment

These Terms of Use are binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract, and otherwise dispose of any of our rights or obligations arising under these Terms of Use to a member of our group of companies at any time without your agreement. You may not transfer any of your rights or obligations.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any events outside our reasonable control, including (without limitation): fire, storm, flood, industrial action, or transport disruption, affecting us or any third party we may use to fulfil our obligations under these Terms of Use. Our performance is deemed to be suspended for the period that such an event continues, and we will have an extension of time for performance for the duration of that period.

Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use.

Termination

We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Sites, with or without notice, for any reason or no reason, including without limitation your violation of these Terms of Use.

Contact Us

If you have any questions about these Terms of Use, you can contact us at legalEMEA@otterproducts.com. In addition, our mailing address is Floor 3, 2 Georges Quay, Cork, Ireland.

These Terms of Use were last updated on 17.08.2015.