Terms & Conditions
Last Revised: January 8, 2009
1. You Agree to These Terms by Using this Site
Your access to, and use of, this website ("the Site") and participation in any Alerts (defined below) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site or participating in any Alerts, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and The Coca-Cola Company are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please do not use this Site or sign up to receive any Alerts.
2. Ownership of Content
The Site, the Alerts and all of their contents including, but not limited to, all text and images ("Content") are owned and copyrighted by The Coca-Cola Company or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of The Coca-Cola Company or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that The Coca-Cola Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. Your Use of the Site or Alerts
The Coca-Cola Company grants you permission to use the Site and to participate in Alerts subject to the following terms:
- you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
- you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without The Coca-Cola Company's written permission;
- you are prohibited from using the Site or Alerts to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, 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 - The Coca Cola 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;
- you may not post, transmit, or otherwise make available, through or in connection with the Site or Alerts any virus, worm, Trojan horse, Easter egg, time bomb, spy ware, or other computer or hijack the operation of, or tom monitor the use of, any hardware, software or equipment;
- you may not interfere with or disrupt the operation of the Site or Alerts or the servers or networks used to make the Site or Alerts available; or violate any requirements, procedures, policies or regulations of such networks; and
- you are prohibited from using the Site or Alerts to advertise or perform any commercial solicitation.
4. Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by mobile hand-held device, electronic mail or otherwise will be used by The Coca-Cola Company in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non proprietary.
5. Alerts
You may elect to receive alerts ("Alerts") from the Company (or a third party assisting Company) about the program(s) on this Site either via your hand-held mobile device or via e-mail by providing, on this Site, the information required to sign up. To participate in the mobile alerts, your must subscribe to a participating wireless carrier and have text messaging capabilities enabled on your hand held mobile device; however, your participation may be limited based on your hand held mobile device or your wireless carrier. If you wish to stop participating, Text "EXIT STEP" to 777483 to end or "ASK STEP" to 777483 for more information or call 800-438-2653. If you choose to receive alerts to your hand held mobile device by signing up on this Site, each text message, sent or received, may incur a charge, depending on your wireless carrier plan. Please see your wireless carrier plan for pricing details. By participating, you agree to incur any and all charges from your wireless carrier. Standard text message and data charges apply and other charges may also apply. Company, its subsidiaries, sponsors, or affiliated companies (collectively, "Affiliated Entities") cannot guarantee the Alerts will work for all users.
6. Disclaimer of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY 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. Without limiting the foregoing, The Coca-Cola Company neither warrants nor represents that your use of any Content or the Alerts will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, The Coca-Cola Company assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, 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, contained in any such locations on the Site or Alerts.
7. Exclusion of Liability
YOUR USE OF THE SITE OR ALERTS IS AT YOUR OWN RISK. NEITHER THE COCA-COLA COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ALERTS, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ALERTS OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
8. Links to Third Party Sites
The Site or Alerts may contain links to sites owned or operated by parties other than The Coca-Cola Company. Such links are provided for your convenience only and The Coca-Cola Company does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk. The Coca Cola Company does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, The Coca-Cola Company specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
9. Export Control
Software and other materials from this Site or Alerts may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site or Alerts may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
The Coca-Cola Company does not authorize the downloading or exportation of any software or technical data from this Site or Alerts to any jurisdiction prohibited by the United States Export Laws.
10. Revisions to the Terms, the Site and Alerts
The Coca-Cola Company may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You acknowledge and agree that we have the right, at any time and from time to time, temporarily or permanently, in whole or in part to: modify or discontinue the Site or Alerts, with or without notice, and/or offer opportunities to some or all users of the Site. You agree that neither we nor any parent, subsidiaries, sponsors, partners, suppliers or affiliated companies (collectively, "Affiliated Entities") shall be liable to you or any third party for any modification, suspension or discontinuance of the Site or Alerts, in whole or in part, or of any program, content or feature offered through the Site or Alerts.
11. Law and Jurisdiction
These Terms of Use and your use of the Site or Alerts are governed by the laws of the State of Georgia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site and/or Alerts or in which these Terms of Use and/or the Site and/or Alerts are a material fact.
The Site and the Alerts are controlled and operated by The Coca-Cola Company from the United States, and are not intended to subject The Coca-Cola Company or any Affiliated Entities to the laws or jurisdiction of any territory other than that of the United States. Company does not represent or warrant that the Site, Alerts or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or receive Alerts do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, if and to the extent applicable. You may not use or export any Content made available through the Site or Alerts, or any other portion of the Site or Alerts, in whole or in part, in violation of applicable export laws, rules and regulations. We may limit the Site's or Alert's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
12. Rules for Programs, Sweepstakes, and other Promotions.
Any programs, sweepstakes, or other promotions made available through the Site will be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. The Coca-Cola Company urges you to read the applicable promotion rules/terms and conditions and Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.