LAST UPDATED: 15 December 2015
In these Terms and Conditions, 'affiliated entities' means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of The Coca-Cola Company and shall include any authorized bottlers of The Coca-Cola Company. Minute Maid is a trademark of The Coca-Cola Company.
3. Content we make available on the Site. We may make available via the Site content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as "Content"). We, our affiliated entities and/or our 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 we owns the trademark "Minute Maid" and all associated Minute Maid trade names, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Minute Maid trademarks and logos may only be used in conjunction with goods produced by The Coca-Cola Company or with the express prior approval of The Coca-Cola Company. For the avoidance of doubt, the Minute Maid corporate logo may only be used by The Coca-Cola Company.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
4. Content you share with us. We and our third party service providers may make available on the Site a variety of interactive services such as instant messaging functionality, forums and blogs, through which you are able to display or post information and materials on the Site. Any materials you submit through such services on the Site will be deemed to be “User Generated Content.” We and our third party service providers may also make available through or in connection with third-party websites and social media platforms a variety of interactive services, such as Company-designated hashtags and comment or posting functionality on Company-related pages hosted on social media platforms through which you can direct us to post associated content to our Site. Any materials you submit through or in connection with such services and any materials you create through or in connection with such services shall be deemed to be “User Generated Content.”
You grant to 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, any User Generated Content (including without limitation your voice, image or likeness as embodied in such submission), 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 these Terms for any reason. For each submission of User Generated Content, 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), and that such submission (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 that you may have under any applicable law under any legal theory.
You acknowledge and agree that you are responsible for any User Generated Content you provide, and for any consequences thereof, including the use of any User Generated Content by third parties. You understand that your User Generated Content may be accessible to other parties, who may be able to share your User Generated Content with others and to make them available elsewhere, including on other sites and platforms.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each submission before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) we may do any of the following, at our sole discretion and for any reason whatsoever: (i) monitor User Generated Content; (ii) alter, remove, or refuse to post or allow to be posted or stored any User Generated Content; (iii) monitor, filter, alter and/or block any of your communications through or in connection with the Site (including without limitation by means of blocking or replacing expletives or other language that we may deem to be harmful, offensive, threatening, abusive, harassing, hateful or intimidating in our sole discretion); and/or (iv) disclose any User Generated Content or any communication through or in connection with 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 these Terms; or for any other reason or purpose.
User Generated Content will be provided by many parties. Please note that User Generated Content provided by others may include opinions, advice, statements, information, or other materials that are inaccurate, misleading, deceptive, or offensive. Company and the Affiliated Entities neither endorse nor are responsible for any opinions, advice, statements, information, or other materials associated with any third-party User Generated Content. Without limitation, Company and the Affiliated Entities are not responsible for any opinions, advice, statements, information, or other materials made available in any submission (including without limitation errors or omissions in any User Generated Content or links or images embedded in any User Generated Content) or results obtained by using any such User Generated Content. 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 any User Generated Content. The opinions expressed in any User Generated Content reflect solely the opinions of the individual(s) responsible for such User Generated Content, 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 or in connection with any User Generated Content or any other part of the Site. If you choose to make any of your personally-identifiable or other information publicly available in any User Generated Content, you do so at your own risk.
5. Feedback. If you provide comments, compliments or other materials related to the Site or any social media platform, such Feedback is deemed a submission and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
6. 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. We will fully cooperate with any law enforcement authorities and/or court order requesting or directing us 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 Simply 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.
a. 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; and
· Any material non-public information about a company without the proper authorization to do so.
b. In addition, you will 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 for any commercial purposes, 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.
8. 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.
10. Liability. While we endeavor to maintain the information on this Site 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. Simply, 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 non-infringement. We do not promise THAT THIS SITE, NOR 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, SIMPLY, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, 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 Coca-Cola 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.
13. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our Copyright Policy.
14. 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. Information identifying current providers of such protections is available on the following two sites: GetNetWise.Org and OnGuardOnline.gov Note that we do not endorse, support or approve any of the products or services listed at such sites.
The Coca-Cola Company, Website Customer Care
P.O. Box 1734
Atlanta, GA 30303
or by calling us at 1-800-438-2653. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. In addition, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
17. 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 Company. These Terms 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. You agree that (i) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association, in Fulton County, Georgia; (ii) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased. However, issues or questions arising out of your participation in a promotion governed by specific rules that provide for the application of the laws of another jurisdiction shall be governed by the law of the jurisdiction stated in those rules. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms 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. These Terms, together with all policies or rules 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 these Terms or other matters by displaying such notices or by providing links to such notices. 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. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.