LAST UPDATED: July 28, 2017
TERMS OF USE
The website from which you are accessing these terms of
use (the “Terms”) has been created and is being maintained by ABARTA Coca-Cola
Beverages, LLC (“ACCB” or “we”, “us” or “our”). Please review these Terms
carefully. Your use of the ABARTA Coca-Cola site (the “Site”) is subject to
these Terms.
ACCEPTANCE
OF TERMS
By
accessing and using the Site, you agree to these Terms and to any additional
rules that we may post on the Site. You understand that we may make changes to
these Terms and any rules in our sole discretion from time to time. Your access
to or use of the Site following any changes or updates constitute your
acceptance of those changes.
INTENDED
USE OF THE SITE
You may not use or otherwise
exploit the Site and/or any content in connection with any business or
commercial undertaking (whether or not for profit). Your use of the Site and/or
content must at all times comply with all applicable laws, rules and
regulations.
Certain aspects of the Site, its features, or its content
may have age restrictions. Those restrictions will be clearly marked on this
Site and you may be asked to verify your age before proceeding. By accessing
and/or using the Site, you affirm that you are of legal age to enter into these
Terms, or if you are not, that you have obtained parental or guardian consent
to enter into these Terms.
CONTENT WE
MAKE AVAILABLE ON THE SITE
ACCB may make
available on the Site, content, including (but not limited to) information,
comments, reviews, and other texts, photos, pictures, images, films, movies,
music, and other audio files, software, applications or games (together,
“Content”). We, our affiliated entities, and/or licensors own all Content made
available through the Site. Such Content is subject to copyright, trademark, or
other intellectual property rights and laws. Unless expressly stated otherwise,
you may not reproduce, modify, disseminate or otherwise exploit our Content in
any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is
protected by copyright law. You further acknowledge that ACCB or its licensors
own the trademarks found on the Site and all associated trade names, service
marks and logos. All other trademarks used on the Site are the property of
their respective owners. ACCB trademarks and logos may only be used in
conjunction with goods distributed by ACCB or with the express prior approval
of ACCB. For the avoidance of doubt, the ACCB corporate logo may only be used
by ACCB.
Sometimes, we
may make certain Content available to you for specific limited uses, such as
for you to download or otherwise reproduce. We will expressly state to which Content
such permitted uses apply and what the specific terms of use are for that
Content. Those specific terms of use may place restrictions on your use of the
Content, including (but not limited to) the number of times you can download
the Content, what you may use the Content for and with how many devices you may
access the Content. Prior to accessing such Content on the Site, you may be
asked to affirmatively agree with the specific terms of use applicable to the
Content.
PLEASE NOTE
THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT
LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE, IF ANY) MAY IN
PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND
CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
RULES OF
CONDUCT
In using the Site, you agree to comply with the following
"Rules of Conduct" as updated from time to time by us. You understand
that ACCB will fully cooperate with any law enforcement authorities and/or
court order requesting or directing ACCB to disclose the identity of anyone
that has engaged in any violation of the Rules of Conduct, including (but not
limited to) anyone that has posted information or materials in violation of the
Rules of Conduct, and ACCB reserves the right to moderate (including removing)
any such information or materials at any time from this Site. While we may
monitor and moderate your Content submitted via the Site, we are under no
obligation to do so and assume no responsibility or liability arising from the
Content, nor for any error, defamation, omission, falsehood, obscenity,
profanity, danger, or inaccuracy contained in any user-generated Content on the
Site.
You are prohibited from posting
or transmitting, through or in connection with the Site:
·
Any unlawful, threatening, defamatory, obscene, scandalous,
deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane
or infringing 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;
·
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or
other computer code, file, or program that is harmful or invasive or 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
materials, "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;
In addition, you
may not:
·
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 other users of the Site;
·
Impersonate any person or entity, including any of our (or our
affiliated entities’) representatives; falsely state or otherwise misrepresent
your affiliation with any person or entity; or express or imply that we endorse
any statement or posting 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;
·
Access or use the Site through any technology or means other than
those expressly designated by us (including, unless expressly designated by us,
television set top boxes, television game consoles, digital video recorders or
players, or video screens packaged and marketed as television sets);
·
Restrict or inhibit any other person from using the Site
(including by hacking or defacing any portion of the Site);
·
Use the Site to advertise or offer to sell or buy any goods or
services without our express prior written consent;
·
Reproduce, duplicate, copy, sell, resell or otherwise exploit any
portion of, use of, or access to the Site;
·
Except as expressly permitted by applicable law, modify, adapt,
translate, reverse engineer, decompile or disassemble any portion of 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 without our express prior
written consent;
·
Create a database by systematically downloading and storing all
or any Site content; or
·
Use any robot, spider, site search/retrieval application or other
manual or automatic device to retrieve, index, "scrape," "data
mine" or in any way reproduce or circumvent the navigational structure or
presentation of the Site, without our express prior written consent.
LINKS
The Site may provide links to other websites and online
resources. We are not responsible for and do not endorse such external sites or
resources. Other sites may link to the Site with or without our authorization,
and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB
SITES AND RESOURCES IS AT YOUR OWN RISK.
PRIVACY
Please
review our Privacy Policy, which also governs your use of the Site, in order to
better understand our privacy practices. The Privacy Policy and its terms are
fully incorporated into these Terms. By accessing and using the Site, you
acknowledge and agree to ACCB’s Privacy Policy.
LIMITATION ON LIABILITY
while we endeavor to maintain the information
on this site as accurate and up-to-date, you acknowledge that this site and all
content, information and materials made available through this site are
provided to you "as is" without any express warranties or
representations of any kind. accb, its affiliated entities and their respective
licensors disclaim all statutory and implied representations, warranties, terms
and conditions with respect to this site and all content, information and
materials made available through this site, including without limitation
implied warranties of title, merchantability, fitness for a particular
purpose and noninfringement. we do not promise that this site, or any
information, content or materials made available through this site, will be
accurate, reliable, complete, error free or compatible with any particular
hardware or software. without limiting the foregoing, accb, its affiliated
entities and their directors, officers, owners, employees, agents,
representatives, licensors and providers make no representation or warranty (a)
regarding the statements, acts or omissions of any third parties; (b) that this
site and/or any of its features will be available on a timely basis, or that
access to this site and/or any of its features will be uninterrupted or secure;
(c) that defects or errors will be corrected; or (d) that the site or the
servers or networks through which the site is made available are secure or free
of viruses or other harmful components.
neither
accb nor its affiliated entities, nor any of its agencies, nor any other party
involved in creating, producing, or delivering the site, is liable for any
direct, incidental, consequential, indirect, or punitive damages or losses
arising out of or in connection with your access to, or use of, the site, its
features or any content made available through the site, even if advised in
advance of such damages or losses. to the extent permitted by applicable law,
our maximum liability 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 to us to access and use the site.
it is
possible that applicable law may not allow for limitations on certain implied
warranties or exclusions or limitations of certain damages; solely to the
extent that such law applies to you, some or all of the above disclaimers,
exclusions or limitations may not apply to you, and you may have additional
rights.
INDEMNITY
except to the degree prohibited under applicable law,
you agree to defend, indemnify, and hold harmless accb, its affiliates, and any
other party involved in creating, producing or delivering the site and their
respective directors, officers, employees, agents, shareholders, owners,
licensors and representatives, from and against all claims, losses, costs and
expenses (including legal fees) arising out of your use of or activities
associated with the site (collectively, “claims”), including, but not limited
to: (i) any claims arising from or related to any violation of these terms by
you or (ii) any claims asserted by any of your representatives.
TERMINATION
These
Terms are effective until terminated. You agree that we may terminate your
access to or use of the Site or any portion thereof, at any time, if you breach
these Terms, or we reasonably believe that you have breached these Terms,
subject to any restrictions placed on our exercise of such rights under
applicable law. Upon any such termination, your right to access and use the
Site will immediately cease. You agree that any termination of your access to
or use of the Site may be effected without prior notice to you. You further
agree that neither we nor our affiliated entities will be liable to you or any
third party for any termination of your access to or use of the Site. The
following paragraphs shall survive any expiration or termination of these
Terms:
GOVERNING
LAW
These
Terms shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania without regard to its choice of law provisions. By
using the Site, you agree to the exclusive jurisdiction by the federal and
state courts located in Allegheny County, Pennsylvania and you hereby waive any
jurisdictional, venue or inconvenient forum objections to such courts.
SEVERABILITY
These Terms are independent and severable. Whenever possible,
each provision of these terms shall be construed so as to be interpreted in
such manner so as to be effective and valid under applicable law. If any
provision of these Terms or the application thereof to any party or
circumstance shall be prohibited by or invalid under applicable law, such
provision shall be ineffective to the extent of such prohibition without
invalidating the remainder of such provision or any other provision of these
Terms or the application of such provision to other parties or circumstances.
ENTIRE
AGREEMENT
These Terms (including the Privacy Policy
incorporated herein by reference) constitute the final, full and exclusive
expression of the agreement with respect to the access and use of this Site and
supersede all prior agreements, understandings, writings, proposals,
representations and communications, oral or written, of either you or ACCB with
respect to the use of this Site. For avoidance of doubt, these Terms do not
supersede, amend or replace any written agreements, purchase orders or terms
and conditions related to the purchase and sale of products and services
between you, any representative, and ACCB.
NOTICES
& UPDATES
Notices to you may be made by posting a notice (or
a link to a notice) to the Site, by email, or by regular mail, in our sole
discretion. Without limitation, you agree that a printed version of these Terms
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
MISCELLANEOUS
These Terms do not, and shall not be construed to,
create any partnership, joint venture, employer employee, agency or
franchisor-franchisee relationship between you and us. You may not assign,
transfer or sublicense any or all of your rights or obligations under these
Terms without our 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. We will not be responsible
for failures to fulfill any obligations due to causes beyond our control. You
agree that our licensors who make their Content available to us in connection
with the Site are third-party beneficiaries under these Terms with the right to
enforce the provisions of this Agreement that directly concern their content.
Notwithstanding the immediately preceding sentence, our right to enter into,
rescind or terminate any variation, waiver or settlement under these Terms is
not subject to the consent of any third party.
CONTACT
We value your feedback. In the event you have a
question or find that you have encountered an issue with the Site, please feel
free to contact us by email at abartamycokesupport@coca-cola.com, or by
telephone at 1-844-690-2653.
YOU SHOULD PRINT, DOWNLOAD OR
OTHERWISE RETAIN A COPY OF THESE TERMS AND ANY REVISED OR UPDATED VERSIONS FOR
YOUR RECORDS.