TERMS & CONDITIONS
IZZE® Beverage Company, a subsidiary of PepsiCo, Inc. (”IZZE”) maintains this site (”the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by IZZE Beverage Company and used by IZZE and its distributors throughout the world (the “Trademarks”).
Your access to and use of the Site is subject to the following terms and conditions (”Terms and Conditions”). IZZE may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
TERMS AND CONDITIONS
- You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of IZZE, unless otherwise noted, or are the copyrighted property of third parties. IZZE neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with IZZE.
- Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of IZZE and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
- While IZZE uses reasonable efforts to include accurate and up to date information in the Site, IZZE makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
- Information in the Site is subject to change without notice. Information regarding IZZE’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. IZZE makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
- IZZE attempts to be as accurate as possible. However, IZZE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
- Use of and browsing in the Site is done at user’s own risk. Neither IZZE nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IZZE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IZZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IZZE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM IZZE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IZZE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- The Trademarks displayed on the Site are registered and unregistered Trademarks of IZZE Beverage Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, IZZE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
- IZZE maintains and operates this Site from its offices in the state of California, United States. These Terms and Conditions are governed and interpreted under the laws of the state of California, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
- These Terms and Conditions set forth the entire understanding and agreement between you and IZZE and/or IZZE with respect to the Site. You acknowledge that any other agreements between you and IZZE and/or IZZE with respect to the Site are superseded and of no force or effect.
USER REVIEWS, COMMENTS, AND SUBMISSIONS.
The undersigned contributor (the “Contributor”) consents and agrees that any photograph, video, text, or other materials (collectively, the “Submitted Content”) provided to IZZE, its affiliates, subsidiaries, parents, and agencies (including its advertising and promotional agencies) (collectively, the “Company”) in connection with its social media promotional and marketing activities (including, without limitation, Submitted Content provided to Company by use of hashtags, company requests, and/or other calls to action) may be used, directly or indirectly, by the Company for commercial and promotional purposes (including, but not limited to, in connection with any Company marketing or promotional efforts).
By providing the Submitted Content to the Company, Contributor hereby affirmatively consents and agrees to the following:
(1) License to Company. The Contributor hereby irrevocably grants to the Company, a fully paid and royalty-free, transferable, sub-licensable, perpetual, non-exclusive, worldwide license to use the Submitted Content in any media now existing or in the future (including, without limitation any and all social media platforms now existing or hereafter developed [including, without limitation, on Facebook®, Tumblr®, Instagram®, Twitter®, Vine®, Google+®, and Pinterest®, and any and all traditional media, including print and television]). In connection with the license rights granted herein, Submitted Content may be used for various commercial, promotional, and advertising purposes, including, without limitation, in connection with any marketing efforts of any Company brand. The undersigned Contributor hereby irrevocably agrees to permit the Company to display, distribute, publicly perform, exhibit, modify, reformat, create derivative works, incorporate into advertisements and other works, exploit, and otherwise use and permit others to use the Submitted Content, on a perpetual basis, throughout the world, without further consent from or compensation to the Contributor. Contributor grants Company the right to use the name and/or username submitted in connection with the Submitted Content, if Company so chooses. Contributor irrevocably waives any claims and assertions of moral rights or attribution with respect to Submitted Content. Contributor further agrees to waive any right he/she may have to inspect or approve the advertising copy for which the Submitted Content is used. Contributor further agrees that Company is free to use any ideas, concepts, and know-how provided to Company without compensation and/or attribution. (2) Contributor Representations and Warranties. The Contributor represents and warrants that: (1) he/she owns all rights in the Submitted Content or otherwise has the right to submit and license the Submitted Content to the Company for the uses described above; (2) the Submitted Content does not violate, misappropriate, or infringe upon the rights of any third party (including any rights of copyright, trademark, publicity, or privacy); (3) any persons identified in the Submitted Content (or other persons that may be the subject of any photograph or video) have executed the requisite releases or have otherwise consented to the submission and use of the Submitted Content as contemplated herein; (4) the Company’s use of the Submitted Content in the manner contemplated above and the rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use; and (5) the Submitted Content is not otherwise illegal, fraudulent, defamatory, obscene, and/or abusive. The Contributor hereby agrees to indemnify, defend, and hold harmless the Company and its affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Submitted Content, or (ii) Contributor’s breach of this Authorization, Consent, and Release.
Contributor hereby agrees to release the Company and its subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives, agencies (including advertising agencies), agents, and Tumblr, Inc. from any and all claims and liability relating to the use of the Submitted Content in the manner contemplated herein including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness, and the right of publicity.
I have read and fully understand this Authorization, Consent, and Release. I am at least 18 years of age (19 years of age in AL or NE) and am fully able and competent to understand, enter into, and comply with this Authorization, Consent, and Release.