Terms & Conditions, and Privacy
IMPORTANT
Please read these terms and conditions (the “Terms”) before using the Arla Foods Ltd. website www.friendsofbutter.co.uk (the “Website”). The Website is operated by Arla Foods Ltd., registered in England and Wales with company number 2143253 and whose registered office is at Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB or its subsidiaries. The Website is for the promotion of our products. By using the Website, you signify your acceptance of the Terms in consideration of which Arla Foods Ltd. provides you with access. Arla Foods Ltd. may occasionally modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. Arla Foods Ltd. may occasionally run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
NO RELIANCE
While Arla Foods Ltd. has endeavoured to ensure the accuracy of the information accessed via the Website, Arla Foods Ltd. does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Arla Foods Ltd.. Arla Foods Ltd. has no responsibility for the content of the websites or pages linked or linking to this website, and Arla Foods Ltd. accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
INTELLECTUAL PROPERTY
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Arla Foods Ltd. and content owned or controlled by third parties and licensed to Arla Foods Ltd.. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of Arla Foods Ltd.’ trademarks or trade names without Arla Foods Ltd.’ prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
Where you submit any contribution to the Website (including any text – whether in emails or otherwise, graphics or video clips) you agree, by submitting your contribution, to grant to Arla Foods Ltd. a perpetual, irrevocable, royalty-free, exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to Arla Foods Ltd. the rights set out above, please do not submit your contribution to Arla Foods Ltd.
Further, by submitting your contribution to Arla Foods Ltd., you warrant that your contribution is your own original work and that you have the right to make it available to Arla Foods Ltd. for all the purposes specified above; is not defamatory; and does not infringe any law; and indemnify Arla Foods Ltd against all legal fees, damages and other expenses that may be incurred by Arla Foods Ltd. as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by Arla Foods Ltd. provided only that:
you make no more than one printed copy of such download and no further copies of such printed copy are made;
you make only personal, non-commercial use of such download and/or printed copy; and
you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content (including Content generated by you) or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
PERMISSIONS
If you would like information about obtaining Arla Foods Ltd.‘s permission to use any of the Content or if you would like to link your website to the Website, write to: Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB, marking it ‘Arla Foods Ltd. website’. (UK only)
USER GENERATED CONTENT
Any use of any content on this website, including, without limitation, Content generated by you, will be at your own risk.
NUTRITIONAL INFORMATION
All nutritional values on this website are correct as of January 2009. Product and nutritional information can be compared by checking the packaging of each item.
NO WARRANTY
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Arla Foods Ltd. further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Arla Foods Ltd. does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Arla Foods Ltd. is not liable for any damage you may suffer as a result of such destructive features.
Arla Foods Ltd. shall not be held responsible for Content provided by third parties. Arla Foods Ltd. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from Arla Foods Ltd.‘s negligence, in no event will Arla Foods Ltd. be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Arla Foods Ltd. has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
Arla Foods Ltd. does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
INDEMNITY
You agree to indemnify, defend, and hold harmless each of Arla Foods Ltd., its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Arla Foods Ltd., its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Arla Foods Ltd., its employees, representatives, suppliers, or agents is based on or arises in connection with:
your use of the Website; any breach by you of the Terms; a claim that any use of the Website by you infringes any intellectual property rights of any third party, or any right of personality or publicity, or is libellous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay Arla Foods Ltd., its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
TERMINATION
Either you or Arla Foods Ltd. may terminate these terms with or without cause at any time. If Arla Foods Ltd. terminates these terms, Arla Foods Ltd. will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by writing to: Arla Foods Ltd., Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB, marking it ‘Arla Foods Ltd. website’. (UK only). On termination you shall destroy all Content, and copies thereof, obtained from the website.
CHANGES TO THE WEBSITE
You accept that Arla Foods Ltd. has the right to change the content or technical specifications of any aspect of the Website at any time at Arla Foods Ltd.‘s sole discretion. You further accept that such changes may result in your being unable to access the website.
WAIVER
No waiver by Arla Foods Ltd. of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Arla Foods Ltd. of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
Please read these terms and conditions (the “Terms”) before using the Arla Foods Ltd. website www.friendsofbutter.co.uk (the “Website”). The Website is operated by Arla Foods Ltd., registered in England and Wales with company number 2143253 and whose registered office is at Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB or its subsidiaries. The Website is for the promotion of our products. By using the Website, you signify your acceptance of the Terms in consideration of which Arla Foods Ltd. provides you with access. Arla Foods Ltd. may occasionally modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. Arla Foods Ltd. may occasionally run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
NO RELIANCE
While Arla Foods Ltd. has endeavoured to ensure the accuracy of the information accessed via the Website, Arla Foods Ltd. does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Arla Foods Ltd.. Arla Foods Ltd. has no responsibility for the content of the websites or pages linked or linking to this website, and Arla Foods Ltd. accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
INTELLECTUAL PROPERTY
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Arla Foods Ltd. and content owned or controlled by third parties and licensed to Arla Foods Ltd.. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of Arla Foods Ltd.’ trademarks or trade names without Arla Foods Ltd.’ prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
Where you submit any contribution to the Website (including any text – whether in emails or otherwise, graphics or video clips) you agree, by submitting your contribution, to grant to Arla Foods Ltd. a perpetual, irrevocable, royalty-free, exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to Arla Foods Ltd. the rights set out above, please do not submit your contribution to Arla Foods Ltd.
Further, by submitting your contribution to Arla Foods Ltd., you warrant that your contribution is your own original work and that you have the right to make it available to Arla Foods Ltd. for all the purposes specified above; is not defamatory; and does not infringe any law; and indemnify Arla Foods Ltd against all legal fees, damages and other expenses that may be incurred by Arla Foods Ltd. as a result of your breach of the above warranty; and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by Arla Foods Ltd. provided only that:
you make no more than one printed copy of such download and no further copies of such printed copy are made;
you make only personal, non-commercial use of such download and/or printed copy; and
you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.
Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content (including Content generated by you) or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
PERMISSIONS
If you would like information about obtaining Arla Foods Ltd.‘s permission to use any of the Content or if you would like to link your website to the Website, write to: Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB, marking it ‘Arla Foods Ltd. website’. (UK only)
USER GENERATED CONTENT
Any use of any content on this website, including, without limitation, Content generated by you, will be at your own risk.
NUTRITIONAL INFORMATION
All nutritional values on this website are correct as of January 2009. Product and nutritional information can be compared by checking the packaging of each item.
NO WARRANTY
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Arla Foods Ltd. further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Arla Foods Ltd. does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Arla Foods Ltd. is not liable for any damage you may suffer as a result of such destructive features.
Arla Foods Ltd. shall not be held responsible for Content provided by third parties. Arla Foods Ltd. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
Save in respect of fraud and of personal injury or death to the extent it results from Arla Foods Ltd.‘s negligence, in no event will Arla Foods Ltd. be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Arla Foods Ltd. has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.
Arla Foods Ltd. does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
INDEMNITY
You agree to indemnify, defend, and hold harmless each of Arla Foods Ltd., its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Arla Foods Ltd., its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Arla Foods Ltd., its employees, representatives, suppliers, or agents is based on or arises in connection with:
your use of the Website; any breach by you of the Terms; a claim that any use of the Website by you infringes any intellectual property rights of any third party, or any right of personality or publicity, or is libellous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay Arla Foods Ltd., its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
TERMINATION
Either you or Arla Foods Ltd. may terminate these terms with or without cause at any time. If Arla Foods Ltd. terminates these terms, Arla Foods Ltd. will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by writing to: Arla Foods Ltd., Arla Foods, Arla House, 4 Savannah Way, Leeds Valley Park LS10 1AB, marking it ‘Arla Foods Ltd. website’. (UK only). On termination you shall destroy all Content, and copies thereof, obtained from the website.
CHANGES TO THE WEBSITE
You accept that Arla Foods Ltd. has the right to change the content or technical specifications of any aspect of the Website at any time at Arla Foods Ltd.‘s sole discretion. You further accept that such changes may result in your being unable to access the website.
WAIVER
No waiver by Arla Foods Ltd. of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Arla Foods Ltd. of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.