 |


|

 |


|




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.
|
 |