TERMS AND CONDITIONS OF THE WEB SITE "WWW.COCA-COLA.COM/THEOLYMPICS"
Welcome to the web page designed for FTZ COCA-COLA SERVICE COMPANY, LTDA. (forewith "COCA-COLA"), domiciled in San Jose, Costa Rica, (forewith the “SITE”). The USER (forewith “USER” or “USERS”, as corresponds) accepts without restrictions, reservations, or modifications these terms and conditions for the use of the www.coca-cola.com/theolympics web page (forewith "TERMS and CONDITIONS").
The USER states he/she has the legal capacity to contract and does not have any impediment according to the laws of his/her country and/or applicable jurisdictions, and undertakes to use the SITE for a legal purpose. In case there are underage USERS, they must have the authorization of their parents or a legal representative.
The access to the SITE implies
the acceptance and knowledge by the USER of the TERMS AND CONDITIONS.
The contents of this SITE consist of:
A comprehensive campaign that invites the USERS to interact with the information developed by Coca-Cola about music and sports during The Olympic Games in a mobile and Web plattform
In the SITE the USERS will be able to:
· Listen and download The Olympic Anthem from Coca-Cola
· Know the stories about the athletes selected by Coca-Cola
· Play videos produced by Coca-Cola for The Olympic Games
· Using the interactive platform “The Beat of the World” that allow user to make musical remixes based on their Facebook account’s personal settings
· Participate in the interactive platform “The Beat of the World” through their Facebook account
· Download contents produced by Coca-Cola to The Olympic Games
· Share contents through social networks and email (Music, Wallpapers, Applications, Ringtones)
· Share the website content through the social functionality available in the website (Facebook and Twitter)
· Users in Colombia could subscribe to push and interactive alerts via SMS. These messages can generate costs to the users according to the rates defined by their mobile operator
· The TERMS and CONDITIONS may be modified and updated periodically by COCA-COLA without prior notice to the USER, except for the indication on the web page about “new TERMS AND CONDITIONS”.
a) Quality and Operation. The SITE is for personal use and may not be used for commercial purposes. COCA-COLA shall incur no liability for interruptions or malfunctions of the services or content offered on the Internet, regardless of cause, size or time. COCA-COLA is not responsible for network outages, loss of business resulting from these drops, or any other indirect damage that may be caused to the USER. The user is whoever uses this site at his/her own risk and will be responsible for this use.
b) Suspension and Termination. COCA-COLA may, without need of prior notice, determine the suspension, cancellation and/or immediate termination of the SITE; so that they will not be responsible before the USER or before any third party for any concept, under any of these circumstances.
c) Limitations. COCA-COLA is free to limit access to the SITE and/or the products offered therein to the USERS without need of any prior justification or notice.
All the information provided by the USER to COCA-COLA will be controlled by COCA-COLA under the laws that apply in the country concerned. The data that the user will provide will be for the exclusive and internal use of COCA-COLA and such data will not used for marketing purposes or disclosed to any third party.
3-Confidentiality of the Account
The confidentiality of the account data and the USER password are the exclusive responsibility of the USER.
COCA-COLA does not warrant or guarantee the accuracy, adequacy, completeness or veracity of any information available on the Site including that obtained from Coca-Cola itself. The USER assumes all risks associated with the use of any content with regard to the information available, including accuracy, completeness, integrity or usefulness, among others related to content.
5-Practices on the use of the SITE
The USER accepts that COCA-COLA has the exclusive power to establish the TERMS AND CONDITIONS for the use of the SITE.
a) Content Control. The USER accepts that COCA-COLA has the full and absolute discretion to pre-select, reject, remove and/or modify any contents on the SITE. As well, COCA-COLA will not be responsible before the USER or before any third party for damages, breaches, crimes, violations or any other kind of illicit acts that may be committed, whether it is about rights of intellectual property, honor or reputation of people, their personal or credit data, consumer rights, or any other right that could be injured as a consequence of the misuse of the SITE by the USERS.
b) Access to the information. The USER accepts that COCA-COLA, at its own discretion, may access, keep, reveal, eliminate and modify the information of your account and all contents found on the SITE.
c) Cancellation. The USER accepts that COCA-COLA may cancel, eliminate or block your registration on the SITE without justification or prior notice and that this will not give the USER the right to claim any indemnification.
d) Termination. The USER accepts that COCA-COLA reserves the right to modify in any way, discontinue, interrupt, cancel and/or terminate the service of the SITE without any justification or prior notice, at its sole discretion and that this will not give the USER the right to claim any indemnification.
e) Interconnection with other sites. The SITE may be interconnected with other web sites; specifically it may be interconnected to FACEBOOK, TWITTER or other similar sites. In such cases, the USER must know and accept the terms and conditions, privacy policies and user policies in general of such other sites or similar ones. In case of accepting and accessing these sites, the USER is responsible for the use of the contents of his/her information on such sites.
COCA-COLA recognizes that FACEBOOK and TWITTER are registered trademarks of their true titleholders and that the use or the fact of simply naming them on this document does not imply a wrongful use of them, according to the general guidelines, and the terms and conditions of FACEBOOK and TWITTER or other similar ones.
f) SMS Text Message: The USER may register his/her cell phone number in order to receive alerts with informative contents about the campaign without any commercial purpose. The cost of the text message will be charged to COCA-COLA and will not represent any cost for the USER who receives the message. The USER who registers must confirm his/her subscription responding to the SMS he/she will receive; this message will have no cost. To unsubscribe, the participants can do so from the web site www.coca-cola.com/theolympics from their profile account. In Costa Rica, Honduras, Colombia, El Salvador, Guatemala and Panama, they can unsubscribe from the informative alerts sending a SMS with the word “BAJA” (unsubscribe) from any message received from the “seunheroe” (beahero) program.
6-USER Responsibility for uses and contents
a) Both the access, the use of the SITE as well as the use of the information and contents included in the same, will be the exclusive responsibility of the USER. Therefore, the use that may be made of the information, images, contents and/or products offered and accessible through this, or when it interconnects with other sites like for example FACEBOOK or TWITTER, will be subject to the applicable law, to the terms and conditions of other web sites, as well as to the principles of good faith and legal use by the USER, the latter being fully responsible for this access and the correct use.
b) The USER engages to fulfill all local, national and international regulations that may apply, and he/she will be the sole responsible person for all acts and omissions that occur with regard to his/her account, registry or password, and with regard to the information or material included in the SITE.
c) The USER is forbidden to perform any kind of activity in detriment of COCA-COLA or third parties. The use of the SITE for non-authorized or forbidden illegal purposes is considered strictly prohibited. Without it being considered an exhaustive or limitative list, the following are forbidden:
- any form of breach of the rights of third parties about their privacy, honor, own image, communication secret, intellectual and industrial property or protection of personal data.
- publish, disclose, advertise, make reference to or distribute any material, issue or information with contents that are illegal, obscene, pornographic, abusive, defamatory, misleading, racist, contrary to morals, good customs or public order.
- introducing any type of computer virus, faulty files, or other software or computer program that may cause damages or non-authorized alterations of the contents, programs or systems accessible through the SITE.
- alter or intervene through fraudulent means personal web pages or emails of other USERS without the proper authorization, as well as sending massive and/or repetitive emails, and sending email addresses without the proper consent of the owners.
- use inappropriately or inadequately, with regard to the normal operation and purpose, those services or contents that may be facilitated by COCA-COLA such as chats, news groups, forum, etc.
- libel, insult, harass, stalk, threaten or infringe in any way the rights of third parties (such as the right to privacy or one´s own image).
- publish, distribute or disclose any inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist information or material, or one that induces to violence or that may be considered illegal.
- advertise or offer the sale or purchase of any product or service, except under the conditions established in the SITE.
- compile or in any other way, gather information about third parties, including their email addresses, without the proper consent from them, as well as providing third parties with the email addresses of others.
- use, download or copy in any way, as well as providing (free of charge or not) another person or entity that is not a USER of the services or contents, any directory of the USERS of the services or contents or any other information regarding the USERS or the use of these outside the context of the normal use in accordance with these user conditions.
- try to obtain access in a non-authorized way to the services or contents, to other accounts, to computer systems or networks connected with these, through the automatic search of passwords or through other means.
- interfere with the use or enjoyment of the services or contents of other USERS or with the use or enjoyment of similar contents by other people or entities.
- perform any action on the SITE that implies the transmission of any computer program that may be harmful, dangerous or simply not requested.
- reproduce, entirely or partially, their headers on the SITE or in any way manipulate identifiers in order to divert the origin of any content transmitted through the Service.
- Include, publish, forward through email, transmit, or in any way make available any content of which he/she does not have the right to transmit by law or under contractual or fiduciary relationship (such as internal information, owned and confidential acquired or handed over as part of the employment relationships or under confidentiality contracts).
- upload, publish, forward by email, transmit, or in any way make available any content that violates any patent, trademark, commercial secret, copyright or any property right (“Intellectual Property Rights”) of a third party.
- interfere or interrupt the SITE, its servers, or networks connected to the SITE, or disobey any requirement, procedure, policy or regulation of the networks related to the SITE.
7-Responsibility Limitations of COCA-COLA
a) The USER accepts that COCA-COLA does not assume liabilities, whether direct or indirect, foreseen or unforeseen, for any damages, whether consequential or lost profits, arising from the misuse of the SITE or its contents by the USER or third parties.
b) The USER expressly accepts that COCA-COLA will not be liable for damages caused as a result of technical faults or any discontinuity at the SITE.
c) The USER expressly accepts that COCA-COLA will not be liable for the non-authorized access, copies, alterations or eliminations of data that may performed by third parties on the SITE, or of their consequences and/or damages.
d) The USER recognizes and accepts that COCA-COLA will not be liable for the services or third parties that may provide links or connections from the SITE or of the products or goods that may be advertised there.
e) The USER accepts and acknowledges that COCA-COLA will not be liable for the prizes and/or goods that are awarded, purchased, sold, won or are mentioned on the SITE, or for the consequences that may derive from their use, or the damages that may be caused during their enjoyment.
8- User Authorization to COCA-COLA for Copyright.
All the information or files that the USER incorporates, transmits or forwards in any way to the SITE, when it corresponds thus, will be considered of public character and that includes an irrevocable license in favor of COCA-COLA for their reproduction, distribution, exhibition, transmission, retransmission, marketing, issuance, storage, digitalization, making available, translation, adaptation, arrangement or any other modification for the entire protection time that the copyright has legally foreseen. As well, the USER understands that the authorization is made gratuitously and expressly waives in this act any remuneration claim from COCA-COLA.
The USER accepts the obligation to hold harmless COCA-COLA, its controllers, controlled, affiliates, directors, managers and employees, in case the use of the information, files or other contents provided by the USER violates the rights of third parties, whatever their nature may be.
Following that stated in the points above, the USER acknowledges that COCA-COLA, when it corresponds thus, has the right to modify, alter or edit any information or file that the USER has incorporated into the SITE, without any liability, when any possible breach of the TERMS AND CONDITIONS may exist, without it at all being understood that there is any type of injury to the moral copyrights that the USER may have over them or any other type of right that the USER may claim he/she has.
9- Confidentiality of the USER data. Exceptions
The USER may classify part or all his/her data or contents belonging to him/her as confidential. Nevertheless, COCA-COLA may reveal this information in the following cases: (a) if it should be required by a judicial or administrative authority; (b) if it were necessary in order to exercise their rights under the TERMS AND CONDITIONS; (c) if these data could result useful for the protection of rights of third parties; and/or (d) when it were useful for the protection of the rights, property or security of THE COCA-COLA COMPANY, its controllers, controlled, affiliates, directors, managers, employees, the USERS or the general public.
10- Property Rights of COCA-COLA
The USER acknowledges and accepts that the SITE, as well as all the contents provided by COCA-COLA, whether it be any documentation, file, material, application, design, tool, source code or any type of work or idea, is a work-product in the sense of legislation on intellectual property and is protected under the intellectual property laws that apply to COCA-COLA property and of any other nature. As well, the publications, advertisements or information incorporated into the SITE by advertisers or third parties are included within the same acknowledgement.
Any form of reproduction, distribution, exhibition, transmission, retransmission, emission in any way, storage in any way, digitalization, making available, translation, adaptation, arrangement, public communication or any other type of act by which the USER may be served commercially or non-commercially, direct or indirectly, entirely or partially of any of the contents of the works subject to the rights described above, is forbidden. The noncompliance with that indicated will result in the application of the criminal and civil sanctions that correspond.
11- Information of Registered
Trademarks and Authorized Bottlers by The Coca-Cola Company.
The trademarks Coca-Cola, Coke, Diet Coke, Coca-Cola Light, Sprite, Fanta, Quatro, Dasani, the Contour Bottle and the “Onda Dinámica”, as well as any other commercial denominations or distinctive signs, are the property of THE COCA-COLA COMPANY. The USER is expressly forbidden to show or use in any way the trademarks mentioned above.
The companies that market COCA-COLA and the other beverages mentioned in this publication are bottlers authorized by THE COCA-COLA COMPANY for this effect, and are legal entities separate and independent among themselves and with regard to COCA-COLA and THE COCA-COLA COMPANY. Therefore, the use of expressions such as "Coca-Cola", "System", "we" or "our" is made figuratively.
12- Use Prohibition. Links
The USER acknowledges that the use of any technical resource through which the USER or any third party could benefit, direct or indirectly, with or without profit, of any part of or the entire SITE or any fruit of the effort of COCA-COLA, except the one specifically allowed here, whether it be through FACEBOOK or TWITTER or another site of similar nature is forbidden. Concretely, all links, hyperlinks, framings or similar on the SITE are forbidden without prior consent, express and in writing from COCA-COLA. Any transgression to that established in this point will be considered an injury to the rights of Intellectual Property of COCA-COLA and/or THE COCA-COLA COMPANY over the SITE and all its contents.
As well, the USER acknowledges that COCA-COLA will not assume any liability for the contents, services, products, etc. of third parties which may be accessed directly or through banners, connections, links, hyperlinks, framing or similar links from the COCA-COLA websites.
The USER engages to indemnify or
hold harmless and free of injury
COCA-COLA, its subsidiaries, controllers, affiliated companies and/or bottlers of and against all and any action or liability trial, claim, accusation, penalty, interests, costs, expenses, fines, fees, initiated by third parties due to or originated from any of its actions on the SITE.
14- Sole Agreement
The TERMS AND CONDITIONS, with the respective modifications that may be made regularly to the SITE under the exclusive criterion of COCA-COLA, constitute the only agreement between the USER and COCA-COLA and govern the use of the services offered on the SITE, replacing any previous contract between the USER and COCA-COLA. As well, the USER will also be subject to the TERMS AND CONDITIONS, privacy policies that may be applicable to him/her when using or purchasing other services from COCA-COLA, affiliated services, third party contents or third party software or using sites interconnected with this site such as FACEBOOK, TWITTER or any other one of similar nature, where the USER will submit to their respective agreements of “Terms and Conditions” and “Privacy Policies”.
It will be considered that a notification, intimation or any other type of communication made to the USER has been validly forwarded when it is addressed to an address, whether physical or virtual that has been provided by the USER or from which the latter operates.
The tolerance that COCA-COLA may have with regard to the exercise of any right or disposition of the Terms and Conditions will never constitute a waiver of the same.
17- Applicable Legislation
These Terms and Conditions, as well as the relationship between the USER and COCA-COLA, are governed by the laws of the countries where this site originates or in its absence, the applicable legislation of each country.
The USER and COCA-COLA agree to submit to the jurisdiction of an Arbitrage according to the rules of Arbitrage of each country.
The USER knows that the use of the SITE and its services or contents is forbidden in all those jurisdictions that do not recognize the effectiveness of these Terms and Conditions. The use that the USER makes of the SITE will not establish between you and COCA-COLA a consumer type relationship.
In Colombia and Ecuador, these terms and conditions will be subject to the law of contents, habeas data and consumer stature in effect in these Territories.
18- Notice to minors
The use of the SITE is for all public. In the case of minors, they should have the authorization of the parents or a legal representative of the underage person, who should in any case fill-in the corresponding parent or representative authorization form
19- Notice to individuals of age
We inform you that in your condition as parent, legal tutor or representative you will be responsible for your underage children or those under your tutorship that access the SITE so that we emphatically recommend that you take the appropriate precautions while navigating on the SITE. For this purpose, we inform you that some navigators allow a configuration so that children cannot access specific pages.
You may contact COCA-COLA to offer suggestions or warnings that you consider fitting.
20- Extension of the affectation
All the conditions stipulated with regard to COCA-COLA in these TERMS AND CONDITIONS are also applied to its contracting, controlling, controlled or affiliated firms under its common control.
21- Communication with COCA-COLA
For any communication with COCA-COLA about the use of this SITE, you can contact us through the email found on the web page: www.coca-cola.com/theolympics
Para cualquier comunicación con COCA-COLA sobre el uso de este SITIO, podría contactarse vía correo electrónico que se encuentra en la página web: www.coca-cola.com/theolympics
22- Changes to these TERMS AND CONDITIONS
COCA-COLA reserves the right to modify these Terms and Conditions periodically. The USER engages to regularly review these Terms and Conditions with the purpose of being informed of any change that may have occurred.
These Terms and Conditions were last updated on 02/15/2012.