General Privacy Policy
Last Revised: March 7, 2007
Coca-Cola Ltd., operating at Suite 100, 42 Overlea Boulevard, Toronto, Ontario,
M2H 3B8 (referred to in this Privacy Policy as the "Company") respects the
privacy of every individual who visits our websites. This Privacy Policy
("Policy") outlines the information the Company may collect from visitors to our
websites hosted in the United States and how we may use and disclose that
information.
We encourage you to read this Policy before using any of our websites. Your use
of a website of the Company signifies that you agree with all terms of this
Policy, so please do not use our websites if you disagree with any part of this
Policy.
What personal information do we collect and why do we collect it
The Company may collect personal information about you (such as your name,
screen name, postal address, (mobile) telephone number, mobile carrier and
model, date of birth, gender, e-mail address, password, acceptance of this
Privacy Policy, opt-in/opt-out to receive e-mails, security key from image).
Although you may be able to access some of our websites without being required
to register or provide personal information, certain websites and sections of
our websites may require registration. In addition, if you choose to contact us
to ask a question, we will collect your personal information so that we can
respond to your question.
The Company may collect personal information online for all legal purposes,
which include, but are not limited to:
Games, Contests and Promotions. The Company offers games, contests and
other promotional activities that may require online registration. Persons
wishing to participate in those activities are asked to provide certain personal
information. Some of the information requested for this purpose is optional, but
other information, such as email address or street address, is mandatory because
it will be needed to notify and identify winners, or to deliver promotional
rewards. Also, some activities may require the selection of a user ID and
password by the participating individual.
"Contact Us" and Comment Features. The Company encourages visitors to its
websites to contact us with questions and comments. Email addresses and other
information of persons using these features may be collected in order to
facilitate our responses to those inquiries.
Purchases of Merchandise. The Company websites may offer individuals the
opportunity to purchase branded or other merchandise online. In connection with
those purchases, customers may be asked to submit personal information, such as
shipping addresses and credit card information, which is required to complete
the transaction. The Company may also offer a Membership program, through which
purchasers of its products may receive discounts on their online purchases.
Membership registration may involve the submission of personal information to
the Company and assignment of a user ID and password.
Special Promotions and Product Information. The Company also may offer
you the opportunity to provide you with email/fax/postal mail/telephone updates
and announcements concerning our products and special promotions. Personal
information you have provided to the Company may be used to facilitate those
communications.
Additional Services. The Company also may offer you the opportunity to
participate in promotions and other activities utilizing offline technology such
as SMS (short message service) and MMS (multimedia message service) for mobile
phones. If you elect to participate in such activities, you may be asked to
submit personal information such as mobile phone numbers.
Community Functions: Coca-Cola websites may make available chat rooms,
instant messaging clients, forums, bogs, message boards, social networks and/or
news groups at various times. Please remember that any information you disclose
in these areas becomes public information and you should exercise caution when
deciding to disclose your personal, financial or other information in these
forums. The Company cannot prevent such information from being used in a manner
that may violate this Privacy Policy, the law, or your personal privacy and
safety and is not responsible for the results of such postings.
When do we disclose the personal information we collect
Except as provided herein, the Company will not sell or rent personal
information about you to unaffiliated third parties.
We may disclose personal information you have provided through our websites, for
the above purposes, to persons or companies that we retain to carry out and
other activities for which you have registered or in which you have otherwise
asked to participate. In particular, we may for these purposes transfer
information to any country (including the USA and other countries which may not
offer the same level of data protection as Canada). We also will disclose
personal information if required by law, including compliance with warrants,
subpoenas or other legal processes.
The Company requires persons and companies to which it discloses personal
information to restrict their use of such information to the purposes for which
it has been provided by the Company, to adequately protect the information, and
not to disclose that information to others. The Company cannot be responsible,
however, for any damages caused by the failure of unaffiliated third parties to
honor their privacy obligations to the Company. Similarly, the Company is not
responsible for the privacy policies and practices of other websites that are
linked to our websites.
Personal information relating to you may also, for the above purposes, be
transferred world-wide throughout the Company's world-wide organization
including to other related entities. In particular, we may transfer information
to any country (including the USA and other countries which may not offer the
same level of data protection as Canada).
In addition to these limited disclosures of personal information, the Company
may provide its affiliates or unaffiliated third parties with aggregate
information about visitors to our sites. For example, we might disclose the
median ages of visitors to our websites, or the numbers of visitors to our
websites that come from different geographic areas. Such aggregate information
will not include information of any individual visitors to our websites.
The Company may provide personal and other information to a purchaser or
successor entity in connection with the sale of the Company, a subsidiary or
line of business associated with the Company, or substantially all of the assets
of the Company or one of its subsidiaries, affiliates or lines of business.
Special Note for Parents
The Company takes seriously any obligations it may have under applicable law
concerning the collection of personal information from children who are under
thirteen (13) years of age. Where appropriate, the Company will specifically
instruct children not to submit personal information to our websites and/or will
take reasonable steps to ensure that we obtain parental consent to such
submission.
Parents should be aware that information that is voluntarily given by children
or others in chat sessions, email exchanges, bulletin boards or the like may be
used by other parties to generate unsolicited email or other contacts. The
Company encourages all parents to instruct their children on the safe and
responsible use of the Internet.
How do we protect your personal information
The Company takes measures to prevent unauthorized intrusion to its websites and
the alteration, acquisition or misuse of personal information by unauthorized
persons. Notably, user IDs and passwords submitted by users of our websites are
encrypted using encryption mechanisms. However, the Company cautions visitors to
its websites that no network, including the Internet, is entirely secure.
Accordingly, we cannot be responsible for loss, corruption or unauthorized
acquisition of personal information provided to our websites, or for any damages
resulting from such loss, corruption or unauthorized acquisition.
How do we maintain the integrity of your personal information
The Company has procedures in place to keep your personal information accurate,
complete and current for the purposes for which it is collected and used. You
may review the information that you have provided to us and where appropriate
you may request that it be corrected. If you wish to review your personal
information please send a request to: Privacy Manager at Suite 100, 42 Overlea
Boulevard, Toronto, Ontario, M4H 1B8.
How do I withdraw my consent to use Personal Information Access, Correction,
Inquiries and Complaints
We maintain a file of your personal information for the above-mentioned
purposes. This file is accessible through Privacy Manager at Suite 100, 42
Overlea Blvd., Toronto, Ontario, M4H 1B8. Authorized Coca-Cola employees, agents
and mandataries have access to your personal information.
If you wish to request access to, or correction of, your personal information in
Coca-Cola's custody or control, or find out how we've used or disclosed that
information, please make your request in writing to Privacy Manager at Suite
100, 42 Overlea Blvd., Toronto, Ontario, M4H 1B8. We may need to verify your
identity before searching for or providing you with personal information. In
some circumstances, we may not be able to provide access to your personal
information, for example if it contains the personal information of other
persons, if it constitutes confidential commercial information, or if it is
protected by solicitor-client privilege. If we deny your request for access to,
or refuse a request to correct, your personal information, we will advise you of
the reasons for this refusal.
If you have any questions, requests or complaints about our personal information
practices, please write to Privacy Manager at Suite 100, 42 Overlea Blvd.,
Toronto, Ontario, M4H 1B8.
What other information do we collect
When you access and interact with one of our websites, we may collect certain
information often referred to as "click stream data." Such data may include the
type of Internet browser and operating system you are using, the pages and
information you accessed on our site, the total time spent on our site, and the
domain name of the website from which you linked to our site. Also, where you
have previously identified yourself in the registration process as affiliated
with a particular business or organization, we may record the fact that a
representative of your business or organization visited the site, along with
other click stream data concerning that visit. We may associate click stream
data with your personally identifiable information while you are actively logged
onto our sites, in order to tailor our website to better match your interests
and preferences. We will not obtain any click stream data when you are outside
our sites, except the domain name of the website from which you linked to our
site.
Information placed automatically on your computer - Cookies
When you view one of our websites, we may store certain information on your
computer. This information may be in the form of a small text file called a
"cookie" and can help us improve your experience with our websites in many ways.
This information stored on your computer's hard drive does not contain any
personal information, but enables us to communicate more meaningfully with you.
For example, cookies allow us to tailor a website to better match your interests
and preferences. Notably, our websites use cookies to help understand which
parts of our websites are most popular, where our visitors are going and how
much time they spend there. Cookies are read only by the server that placed
them, and are unable to execute any code or virus.
Also, where specific programs associated with our websites require a user ID and
password, you have the option of requesting that we save your user ID and
password so that you will not have to re-enter that information the next time
you access the website. This function is accomplished by the placement of a
cookie.
With most Internet browsers, you can erase cookies from your computer hard
drive, block all cookies or receive a warning before a cookie is stored. Please
refer to your browser instructions or help screen to learn more about these
functions. Please be aware, however, that some features and programs of our
websites may be unavailable to you if cookies are erased or blocked.
Some uses of cookies in connection with our websites may be under the control of
unaffiliated entities that the Company retains for the management of certain
programs and fulfilment of specific visitor/customer requests. The Company may
require these entities to confine their use of cookies to the uses permitted by
this Policy, but the Company cannot be responsible for third party uses of
cookies.
Offline v. Online Practices
This Policy applies solely to the Company's information-gathering and
dissemination practices in connection with its websites in Canada, and does not
apply to any of our data collection conducted offline or outside of Canada.
How can you ask questions about our Privacy Policy and access your personal
information
The provision of information by you is entirely voluntary and you have the right
not to provide information. Subject to applicable law, you may have the right to
receive certain information as to whether or not personal information relating
to you is held by Company and to obtain a copy of such information that is
sought. You may also have the right to require information, where appropriate,
to be erased, blocked or made anonymous or to have data updated or corrected. If
you do not wish Company to hold information about you or if you wish to have
access to information, modify information, or object to any processing of
information or if you have questions please contact Privacy Manager at Suite
100, 42 Overlea Blvd., Toronto, Ontario, M4H 1B8.
Changes to this Policy
This Policy is the sole authorized statement of the Company's practices with
respect to the collection of personal information through the Company's websites
and the subsequent use and disclosure of such information. Any summaries of this
Policy generated by third party software or otherwise (for example, in
connection with the "Platform for Privacy Preferences" or "P3P") shall have no
legal effect, are in no way binding upon the Company, shall not be relied upon
in substitute for this Policy, and neither supersede nor modify this Policy.
The Company may revise this Policy from time to time. You should bookmark and
periodically review this page to ensure that you are familiar with the most
current version of this Policy. You can determine when this Policy was last
revised by checking the "Last Revised" legend at the top of the Policy.
Copyright © 2007 Coca-Cola Ltd. All rights reserved.
Terms of Use
Last Revised: January 10, 2008
1. You Agree to These Terms by Using this Site
Your access to, and use of, www.Coca-Cola.com, including the content, Services
and Software provided there (the “Site”) are subject to the following Terms of
Use and all applicable laws and regulations. If you do not agree and accept,
without limitation or qualification, these Terms of Use, please exit the Site.
2. Ownership of Content
The Site and all of its contents including, but not limited to, all text and
images ("Content") are owned and copyrighted by The Coca-Cola Company, its
subsidiaries, sponsors, or affiliated companies (collectively, "Affiliated
Entities") 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
The Coca-Cola Company grants you permission to use the Site as follows:
· This Site contains various challenges or contests (“Challenges”), in which The
Coca-Cola Company invites registered users to submit user generated content for
display on this Site and other websites operated by The Coca-Cola Company (a
“Submission”). Each Submission must comply with the Official Challenge Rules
applicable to such Challenge;
· All Submissions become Content that is owned by The Coca-Cola Company. * The
only Content you may download from this Site is Content included in a Submission
or other Content expressly made available for downloading, such as screensavers.
You may download Content expressly made available for downloading and Content
included in a Submission for noncommercial, personal use, and provided that you
also retain all copyright and other proprietary notices contained on the
Content. You may also download Content included in a Submission for purposes of
creating your own entry in a Challenge;
· You must comply with all applicable laws, rules and regulations while using
the Site; 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 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 are prohibited from using the Site to impersonate any person or entity,
including any Site moderator or any representative of The Coca-Cola Company or
its Affiliated Entities, or falsely stating or otherwise misrepresenting your
affiliation with any person or entity in connection with the Site; or stating or
implying that we endorse any statement you make;
· You are prohibited from using the Site to advertise or perform any commercial
solicitation, or otherwise exploiting for any commercial purposes any portion
of, use of or access to the Site.
· You are prohibited from using the Site to post or transmit 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;
· You are prohibited from using the Site to violate the legal rights of others
or harvest or collect personally identifiable information about users of the
Site;
· You are prohibited from restricting or inhibiting any other person from use of
the Site, and from interfering with or disrupting the operation of the Site or
the servers or networks used to make the Site available or violating any
requirements, procedures, policies or regulations of such networks;
· You are prohibited from modifying, adapting, translation, reverse engineering,
decompiling or disassembling any portion of the Site.
4. Software, Services, Challenge Submissions and User Content
The Coca-Cola Company may from time to time provides users of the Site with
access to certain specialized content, including the Challenges, and interactive
services through which you are able to display or post information and materials
(such content and services, collectively, the "
Services”), and certain
software tools that can be used for various purposes, including to play music
provided by the Site, to interact with other Site users or to create content
(the foregoing software and tools, collectively, the "
Software").
The Services and Software, the information and materials made available through
the Site, and all software used to make the Site available are and shall remain
the property of The Coca-Cola 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 The Coca-Cola 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 in
writing in advance by The Coca-Cola Company, you agree not to reproduce, modify,
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
materials 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.
With respect to information or materials, other than Submissions, that you
choose to display or post on any interactive services of the Site (“User
Content”), you grant The Coca-Cola 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
User Content (including without limitation your voice or likeness as embodied in
such User Content), in any media now known or hereafter developed, for The
Coca-Cola 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 item of User 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 User Content), and that such
User Content (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 item of User Content that
you may have under any applicable law under any legal theory.
For any Submissions and User Content, you acknowledge and agree that (a) The
Coca-Cola Company reserves the right (but has no obligation) to evaluate each
Submission and all User Content before allowing it to be posted on the Site or
otherwise stored in connection with the Site; and (b) may do one or all of the
following, at its discretion: (i) monitor Submissions and User Content; (ii)
alter, remove, or refuse to post or allow to be posted or stored any Submission
or User Content; (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, User Content 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 The Coca-Cola 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 of Use; or for any other reason or purpose. In addition,
The Coca-Cola Company has no control over, and The Coca-Cola 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 Submission, any User Content or
any other part of the Site.
Please note that other Site visitors may post messages or make statements in the
Services that are inaccurate, misleading, deceptive, or offensive. The Coca-Cola
Company and the Affiliated Entities neither endorse nor are responsible for any
opinion, advice, information or statements made in any Services by third
parties. Without limitation, The Coca-Cola Company and the Affiliated Entities
are not responsible for any information or materials made available through the
Services (including without limitation errors or omissions in postings or links
or images embedded in messages or profiles) or results obtained by using any
such information or materials. Under no circumstances will The Coca-Cola
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 Services reflect solely the opinions of the
individuals who submitted such opinions, and may not reflect the opinions of The
Coca-Cola Company or any Affiliated Entity.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION
PUBLICLY AVAILABLE IN A SUBMISSION OR IN ANY USER CONTENT, YOU DO SO AT YOUR OWN
RISK.
5. Registration; User Names and Passwords
You may be required to register with The Coca-Cola Company in order to access
certain areas of the Site. With respect to any such registration, we may refuse
to grant you, and you may not use, a user name (or email address) 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
interaction with the Site that occurs in connection with your password or user
name. You agree to immediately notify The Coca-Cola 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.
6. Privacy
Any personal data (for example, your name, address, telephone number or e-mail
address) you transmit to the Site by electronic mail or otherwise will be used
by the 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.
7. Disclaimer of Warranties
THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE
THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE 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 NONINFRINGEMENT. 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 the Site, any Software, Services,
Content or User Content will not infringe the rights of any third parties nor
that any of the foregoing will be accurate, complete or up-to-date.
Additionally, with reference to any postings, submissions 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.
8. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH
THE SITE IS AT YOUR OWN RISK. NEITHER THE COCA-COLA COMPANY, NOR ANY OF ITS
AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, SHAREHOLDERS, LICENSORS AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE,
THE SERVICES, SOFTWARE, CONTENT OR USER CONTENT WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES, 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, THE SERVICES, SOFTWARE, CONTENT OR USER
CONTENT, 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 THE COCA-COLA COMPANY NOR ANY AFFILIATED ENTITY WILL BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE
THE SITE, THE SERVICES OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER
CONTENT POSTED ON THE SITE BY THE COCA-COLA COMPANY OR ANY THIRD PARTY. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING 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.
9. Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than The
Coca-Cola Company. Such links are provided for your convenience only. 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.
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, you do so at
your own risk and without the permission of The Coca-Cola Company.
10. Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute
"forward-looking statements" as defined under U.S. federal securities laws.
Generally, the words "believe," "expect," "intend," "estimate," "anticipate,"
"project," "will" and similar expressions identify forward-looking statements,
which generally are not historical in nature. Forward-looking statements are
subject to certain risks and uncertainties that could cause actual results to
differ materially from The Coca-Cola Company's historical experience and our
present expectations or projections. These risks include, but are not limited
to, our ability to finance expansion plans, share repurchase programs and
general operating activities; changes in the non-alcoholic beverages business
environment, including actions of competitors and changes in consumer
preferences; regulatory and legal changes; fluctuations in the cost and
availability of raw materials; interest rate and currency fluctuations; changes
in economic and political conditions; our ability to penetrate developing and
emerging markets; the effectiveness of our advertising and marketing programs;
litigation uncertainties; adverse weather conditions; and other risks discussed
in our Company's filings with the Securities and Exchange Commission (the
"SEC"), including our Annual Report on Form 10-K, which filings are available
from the SEC. You should not place undue reliance on forward-looking statements,
which speak only as of the date they are made. The Coca-Cola Company undertakes
no obligation to publicly update or revise any forward-looking statements.
11. Indemnity
You agree to defend, indemnify and hold harmless The Coca-Cola Company, the
Affiliated Entities, and any other party involved in creating, producing or
delivering the Site, and their respective directors, officers, employees,
agents, shareholders, licensors 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 these Terms of Use by you or
through your account; or (c) any allegation that any Submission or User Content
that you make available or create through the Site, the Services or the Software
infringes or otherwise violates the copyright, trademark, trade secret, privacy
or other intellectual property or other rights of any third party.
12. Termination
You agree that The Coca-Cola Company, in its sole discretion, may terminate your
access to or use of the Site and the Services, at any time and for any reason,
including without limitation if The Coca-Cola Company believes that you have
violated or acted inconsistently with the letter or spirit of these Terms of
Use. 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 The Coca-Cola Company
may immediately deactivate or delete your account 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 The Coca-Cola 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.
13. Revisions to the Terms
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
can determine when these Terms of Use were last revised by referring to the
"LAST UPDATED" legend at the top of this document.
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. Any software
or tools 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.
When using any Services or Software on the Site, you agree that you are subject
to any additional posted guidelines, rules, terms and conditions applicable to
such Services or Software, which rules, terms and conditions are hereby
incorporated by reference into these Terms of Use.
14. Revisions to the Site
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, the
Services or the Software, with or without notice; limit the Site’s availability
to any person, geographic area or jurisdiction we choose; 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 Affiliated Entity 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, Submission,
feature or product offered through the Site. Your continued use of the Site
after such changes will indicate your acceptance of such changes.
15. Law and Jurisdiction
If you are a resident of the United States or Canada:
These Terms of Use and your use of the Site 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 or in which these Terms of
Use and/or the Site are a material fact, and you waive any jurisdictional, venue
or inconvenient forum objections to such courts.
If you are a resident of a country within Europe:
These Terms of Use and your use of the Site are governed by the laws of your
country of residence. By using this Site you agree to submit to the exclusive
jurisdiction of the courts of such country in the event of any dispute.
If you are a resident of a country in Africa or the Middle East:
These Terms of Use and your use of the Site are governed by the laws of the
Republic of South Africa. By using this Site you agree to the exclusive
jurisdiction of the High Court of South Africa (Witwatersrand Local Division or
its successor) in the event of any dispute.
If you are a resident of India:
These Terms of Use and your use of the Site are governed by the laws of India.
By using this Site you agree to submit to the exclusive jurisdiction of the
Indian courts in the event of any dispute.
If you are a resident of a country in Asia other than India:
These Terms of Use and your use of the Site are governed by the laws of
Australia. By using this Site you agree to submit to the exclusive jurisdiction
of the Australian courts in the event of any dispute.
If you are a resident of a country in Latin America:
These Terms of Use and your use of the Site are governed by the laws of Mexico.
By using this Site you agree to submit to the exclusive jurisdiction of the
Mexican courts in the event of any dispute.
If you are a resident of any other country, these Terms of Use and your use of
the Site are governed by the first paragraph of this Section.
16. Severability
If any provision of these Terms of Use found to be unlawful, void or for any
reason unenforceable, that provision will be deemed severable from these Terms
of Use and will not affect the validity and enforceability of any remaining
provision.
17. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys, and
Similar Promotions
Any Challenges, sweepstakes, contests, raffles, surveys, or similar promotions
made available through the Site will be governed by specific rules that are
separate from these Terms of Use. By participating in any such sweepstakes,
contest, raffle, survey, or 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 rules, which are linked from the
particular activity, and to review our Privacy Policy which, in addition to
these Terms of Use, governs any information you submit in connection with such
activities.
18. 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 at the following web site:
http://www.staysafe.org/.
19. 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 The Coca-Cola Company a notice requesting that The Coca-Cola
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 The Coca-Cola 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. Notices and counter-notices
should be sent to:
Bernadette Drankoski
Marketing Counsel
The Coca-Cola Company
One Coca-Cola Plaza
Atlanta, Georgia 30313
Phone: 404 676 2121
Fax: 404 515 5997
Email: bdrankoski@na.ko.com
Details are available at http://www.copyright.gov/onlinesp/ .
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.
20. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the
following consumer rights notice: If you have a question or complaint regarding
the Site, please send an e-mail to Coca-Cola.Support@na.ko.com . You may also
contact us by writing to The Coca-Cola Company, Website Customer Care, PO Box
1734, Atlanta, Georgia USA 30301, or by calling us at 1 800-438-2653. 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
21. Void Where Prohibited
Although this Site is accessible worldwide, not all services discussed or
referenced in this website are available to all persons or in all geographic
locations or jurisdictions. In addition, not all persons may be able to
participate, or win prizes, if applicable, in the Challenges, sweepstakes,
contests, raffles, surveys or similar promotions made available through the
Site. We reserve the right to limit the availability of this Site and/or the
provision of any service to any person, geographic area or jurisdiction we so
desire, at any time and in our sole discretion.
Copyright © 2008 Coca-Cola Ltd. All rights reserved.