TERMS AND CONDITIONS
This web site is maintained on behalf of South Beverage Company, Inc., a subsidiary of PepsiCo, Inc. (collectively, “Pepsi”) 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 Pepsi and used by SoBe and 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 access 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 II
1. You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Pepsi, unless otherwise noted, or are the copyrighted property of third parties. Pepsi 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.
2. 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.
3. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Pepsi and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
4. While Pepsi uses reasonable efforts to include accurate and up to date information in the Site, Pepsi 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.
5. Information in the Site is subject to change without notice. Information regarding Pepsi’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 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.
6. Use of the browsing in the Site is done at user’s own risk. Neither Pepsi 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 OR 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.
7. Pepsi 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 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 and Pepsi shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Pepsi shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Pepsi shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Pepsi uses or activities.
8. The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. Nothing contained on the Site should be construed as grating, 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 will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. This Site may link to other sites not maintained by or related to Pepsi. 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. Pepsi 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.
10. In the event that Pepsi may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Pepsi 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 nay 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 will fully cooperate with any law enforcement authorities or court order requesting or directing Pepsi to disclose the identity of anyone posting any such information or materials.
11. 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.
12. 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.
13. Pepsi 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.
14. These Terms and Conditions set forth the entire understanding and agreement between you and Pepsi with respect to the Site. You acknowledge that any other agreements between you and Pepsi with respect to the Site are superseded and of no force or effect.