We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any parent, subsidiaries, sponsors, or affiliated companies (collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
- Description of the Services and Software. We may provide users of the Site with access to certain specialized content and services, including without limitation games, quizzes, and challenges, services and blogging capabilities (such content and services, collectively, the "Services"). All content and services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Services when first made available through the Site.
We may also make available to users of the Site a variety of software tools that can be used to interact with other Site users (the "Software"). Any such software made available through the Site that were not made available as of the ("Last Updated") date above, shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.
- Rules of Conduct. While using the Site you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.
You agree not to:
Company will fully cooperate with any law enforcement authorities or any court order requesting or directing The Coca-Cola Company to disclose the identity of anyone posting or transmitting any such information or materials;
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
- Use the Site for any fraudulent or unlawful purpose. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.
- Impersonate any person or entity, including without limitation any Site moderator or any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site.
- Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site or any Software or Service without Company's express prior written consent.
- Create a database by systematically downloading and storing Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site.
- Registration; User Names and Passwords. You may be required to register with Company in order to access certain Services, Software, and areas of the Site, and we may refuse to grant you, and you may not use, a user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all activity that occurs in connection with your password or user name, including without limitation all Transactions (as defined below). You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- Forums, Submissions, and Creations. We and/or our third party service provider(s) may make available through the Site a variety of interactive services - such as instant messaging functionality, forums, blogs, and social networks, through which you are able to display or post information and materials (each, a "Forum"). Any interactive services made available through the Site that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be Forums for purposes of this Agreement when they are first made available through the Site.
For any materials you submit through or to a Forum or otherwise through the Site (each, a "Submission," and for any materials you create through your use of the Software or otherwise through the Site (each, a "Creation"), you grant Company and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Submission and/or Creation (including without limitation your voice or likeness as embodied in such Creation), in any media now known or hereafter developed, for Company's and the Affiliated Entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. The foregoing licenses shall survive termination of this Agreement for any reason. For each Submission and each Creation, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in any Submission or Creation), and that such Submission or Creation (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission and Creation that you may have under any applicable law under any legal theory.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission and each Creation before allowing it to be posted on the Site or any Forum or otherwise stored in connection with the Site; and (b) we may do one or all of the following, at our discretion: (i) monitor Submissions and Creations; (ii) alter, remove, or refuse to post or allow to be posted or stored any Submission or Creation; (iii) monitor and/or filter any of your communications through the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any Submissions or Creations or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Information in our Forums may be provided both by Company staff and by third party visitors to the Site. Please note that other Site visitors may post messages or make statements in the Forums that are inaccurate, misleading, deceptive, or offensive. Company and the Affiliated Entities neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, Company and the Affiliated Entities are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will Company, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company or any Affiliated Entity.
In addition, Company has no control over, and Company and the Affiliated Entities shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available in a Forum, you do so at your own risk.
- Company's Proprietary Rights. The Services and Software, and all of the content made available through the Site, including, but not limited to, all text and images ("Content"), and all software used to make the Site available are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to access and use the Site, you may download and view one (1) copy of any Content and Software on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Company, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any Content made available through the Site. Certain Software may be governed by an additional end user license agreement or "EULA" to which you may be required to agree before using such Software.
- Third Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through, or any purchases or other transactions made through, such sites or resources.
It is possible that other web sites will provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Company shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
- Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS AVAILABLE THROUGH THE SITE.
COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH OR IN CONNECTION WITH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NEITHER COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, THE SERVICES, OR THE SOFTWARE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, OR RESULTING FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE SITE.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
While Company tries to maintain the integrity and security of the Site and the servers from which the Site is operated, Company does not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, it may be possible for third parties to make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at 800-527-9441.with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
- Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site, the Services, or the Software; (b) any violation of this Agreement by you or through your account or using your My Thirst ID; or (c) any allegation that any Submission, Creation, or other materials that you make available or create through the Site, the Services, or the Software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
- Termination. This Agreement is effective until terminated by Company. You agree that Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your user name and password, and all related information and files associated with it and/or bar any further access to such information or files. You agree that neither Company nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
- Jurisdictional Issues. The Site is controlled and operated by Company from the United States, and is not intended to subject Company or any Affiliated Entity to the laws or jurisdiction of any territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any 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.
- Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. This Agreement and your use of the Site are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, U.S.A., will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning this Agreement and/or the Site or in which this Agreement and/or the Site are a material fact, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense this Agreement or any or all of your rights or obligations under this Agreement without Company 's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Company 's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
The Coca-Cola Company.
All rights reserved.