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Terms and Conditions
Pepsi-Cola Company, a division of PepsiCo, Inc. (Pepsi-Cola) maintains
this site ("the Site") for your personal entertainment, information,
education and communication. Feel free to browse the Site, but please
read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos,
images, designs, copyrights and other proprietary materials owned and
registered by PepsiCo, Inc. and used by Pepsi-Cola Company and its bottlers
throughout the world (the "Trademarks").
Your access to and use of the Site is subject to the following terms
and conditions ("Terms and Conditions"). Pepsi-Cola 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 to which you are
bound.
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.
Terms and Conditions
- You should assume that all materials, designs, text and images (collectively,
the "Materials") contained in the Site are either the copyrighted
property of Pepsi-Cola Company, unless otherwise noted, or are the copyrighted
property of third parties. Pepsi-Cola neither warrants nor represents
that your use of Materials displayed on the Site will not infringe rights
of third parties not owned by or affiliated with Pepsi-Cola.
- You may download one single hard copy of Materials displayed on the
Site for non-commercial, 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, re-post 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 Pepsi-Cola and/or third parties, including,
without limitation, under copyright laws, trademark laws, the laws of
privacy and publicity.
- While Pepsi-Cola uses reasonable efforts to include accurate and
up to date information in the Site, Pepsi-Cola makes no warranties or
representations as to the accuracy, correctness, reliability or otherwise
with respect to such information, and assumes no liability or responsibility
for any omissions or errors (including, without limitation, typographical
errors and technical errors) in the content of the Site.
- Information in the Site is subject to change without notice. Information
regarding Pepsi-Cola's products and services is applicable only in the
United States unless otherwise noted. Some products and services may not
be available in certain areas. Pepsi-Cola 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.
- Use of and browsing in the Site is done at user's own risk. Neither
Pepsi-Cola nor any other party involved in creating, producing or delivering
the Site shall be liable for any direct, incidental, consequential, indirect
or punitive damages arising out of your access to, or use of, or browsing
the Site, or downloading of any materials, data, text, images, video or
audio from the Site, including, without limitation, damage to, or viruses
that may infect, your computer equipment or other property as a result
thereof. Without limiting the foregoing, everything on the Site is provided
to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 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.
- From time to time, Pepsi-Cola may ask that you transmit to the Site
by electronic mail your feedback on Pepsi-Cola's products and/or services.
Any communication or material you transmit or post will be (a) treated
as non-confidential and non-proprietary by Pepsi-Cola, (b) become the
property of Pepsi-Cola and Pepsi-Cola shall exclusively now and hereinafter
own all rights, title and interest therein, and (c) used without restriction
by Pepsi-Cola or its bottlers, licensees and affiliates at its sole discretion
without any obligation, compensation or other liability to you. Such use
may be for any purpose whatsoever, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting whole or
in part, in any medium and in any manner on this Site or otherwise. However,
Pepsi-Cola shall be under no obligation to respond to any such communication.
- Notwithstanding the foregoing, Pepsi-Cola maintains a long standing
policy of not accepting or considering any creative ideas, suggestions
or materials from the public ("Submissions"), and therefore,
you should not make any Submissions to Pepsi-Cola in any communications
through this Site or otherwise. Nonetheless, if you do send us a Submission,
despite our request not to do so, then such Submission shall immediately
become the property of Pepsi-Cola and Pepsi-Cola shall exclusively now
and hereinafter own all rights, title and interest therein. Furthermore,
Pepsi-Cola shall be free to use any Submissions for any purpose whatsoever,
including, but not limited to, developing, manufacturing and marketing
products. Pepsi-Cola shall not be liable for such use or disclosure of
such Submission or for any similarities in the Submission and any future
Pepsi-Cola uses or activities.
- The Trademarks displayed on the Site are registered and unregistered
Trademarks of PepsiCo, 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, Pepsi-Cola will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking
of criminal prosecution.
- This Site may link to other sites not maintained by or related to
Pepsi-Cola. 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 Pepsi-Cola. Pepsi-Cola 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.
- In the event that Pepsi-Cola may, from time to time, allow for discussions,
chats, postings, transmissions, bulletin board and the like on the Site,
Pepsi-Cola is under no obligation to monitor or review such transmitted
information and assumes no responsibility or liability arising from the
content of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy
of any such information. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability or otherwise violate any law. Pepsi-Cola
will fully cooperate with any law enforcement authorities or court order
requesting or directing Pepsi-Cola to disclose the identity of anyone
posting any such information or materials.
- Software from this Site is further subject to United States Export
Controls. No software from this Site may be downloaded or exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the United States has embargoed
goods; or (ii) anyone on the United States Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
- All offers set forth on the Site are void where prohibited, and
are subject to the posting of any official rules pertaining to such offers.
- Pepsi-Cola maintains and operates this Site from its offices in
the state of New York, United States. These Terms and Conditions are governed
and interpreted under the laws of the state of New York, United States
of America. If any portion of these Terms and Conditions is deemed unlawful,
void or unenforceable, then that part shall be deemed severable and will
not effect the validity and enforceability of any remaining provisions.
- These Terms and Conditions set forth the entire understanding and
agreement between you and Pepsi-Cola with respect to the Site. You acknowledge
that any other agreements between you and Pepsi-Cola with respect to the
Site are superseded and of no force or effect.
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