TERMS & CONDITIONS
PepsiCo Norway ("Pepsi Max") 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.
Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions"). Pepsi 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
1. You acknowledge and agree that all materials, designs, text and images and the selection and arrangement of these in this Site, including but not limited to text, software, music, sound, photographs, graphics, video and other media (collectively, the "Materials") are protected by copyrights, trade marks, service marks, patents or other proprietary rights and laws.. No warranties or representations are made by Pepsi Max, its subsidiaries, affiliates or associated companies (together "Affiliates") that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Pepsi Max or its Affiliates.
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, trade mark 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, software, music, images, audio, video and other media.
3. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Pepsi Max, its Affiliates and/or third parties, including, without limitation, under copyright laws, trade mark laws, the laws of privacy and publicity.
4. While Pepsi Max uses reasonable efforts to include accurate and up to date information in the Site, neither Pepsi Max nor its Affiliates makes any 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. While Pepsi Max endeavours to ensure that the Site is normally available 24 hours a day, Pepsi Max will not be liable if for any reason the Site is unavailable at any time or for any period. Pepsi Max does not guarantee the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if Pepsi Max is aware of them. In addition, Pepsi Max makes no warranty that the Site services or its server are free from infection by viruses, malware, scripts or anything else that has contaminating or destructive properties.
6. Information in the Site is subject to change without notice. Information regarding Pepsi Max's products and services is applicable only in the United Kingdom unless otherwise noted. Some products and services may not be available in certain areas. Pepsi Max makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from Norway. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
7. Use of and browsing in the Site is done at user's own risk. Neither Pepsi Max nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect, punitive or other damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video, audio, software or other media from the Site, including, without limitation, damage to, or viruses, malware or scripts that may infect or exploit 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, but in any event the above exclusions shall apply to the fullest extent permitted by the law.
8. From time to time, Pepsi Max (and any of its Affiliates) may ask that you transmit to the Site by electronic mail your feedback on Pepsi Max'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 Max, (b) become the property of Pepsi Max and Pepsi Max shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Pepsi Max or its 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 Max shall be under no obligation to respond to any such communication.
9. Notwithstanding the foregoing, Pepsi Max and its Affiliates maintain 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 Max 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 Max and Pepsi Max shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Pepsi Max and/or its Affiliates shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Neither Pepsi Max nor its Affiliates shall be liable or required to compensate you for such use or disclosure of such Submission or for any similarities in the Submission and any future uses or activities by Pepsi Max or its Affiliates.
10. The trade marks displayed on the Site (the "Trade Marks") are registered and unregistered trade marks of Pepsi Max and/or its Affiliates. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trade Mark displayed on the Site, or any license or right to use any other trade mark owned by any other third party. In the event that you misuse any Trade Mark in violation of these Terms and Conditions, Pepsi Max and/or its Affiliates will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
11. This Site may link to other sites not maintained by or related to Pepsi Max. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed by or otherwise affiliated with this Site or with the products and services of Pepsi Max. Pepsi Max 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.
12. In the event that Pepsi Max may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, Pepsi Max 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 Max will fully cooperate with any law enforcement authorities or court order requesting or directing Pepsi Max to disclose the identity of anyone posting any such information or materials.
13. 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.
14. From time to time Pepsi Max and/or its Affiliates will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time when they are run.
15. These Terms and Conditions shall be governed by, and construed in accordance with, English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions or the legal relationship established by them.
16. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
17. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
18. These Terms and Conditions set forth the entire understanding and agreement between you and Pepsi Max 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.