Schweppeinc.com Terms of Use


Please read the following terms and conditions carefully before using this site ("Site"). By using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use"). We may revise the Terms of Use at any time without notice to you. You may not access or use the Site should you not want to be bound by these Terms of Use. The Terms of Use may be modified at any time, and any such modification shall be effective immediately upon posting of the modification. By your access and use of the Site you agree to periodically review the Terms of Use and shall be conclusively bound by any such future modifications.

Areas of the Site may have different Terms of Use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

COPYRIGHT

Copyright 2001-2004 Schweppe, Inc. All rights reserved.

All content included on this site, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, html code, and icons, is property of Schweppe, Inc. and is licensed to Schweppe, Inc. for use and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Schweppe, Inc. and protected by U.S. and international copyright laws.

LICENSES AND IDEA SUBMISSIONS

Schweppe, Inc. hereby grants you a limited, non-exclusive, non-transferable license to download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following conditions: (1) the Documents may be used solely for personal, informational, and non-commercial purposes; and (2) the Documents may not be modified or altered in any way. Except to the extent permitted under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit or distribute any information from this Site in whole or in part without the prior written consent of Schweppe, Inc. or any third party that provides information to the Site.

Visitors to the Site may post or transmit reviews, comments, communications, suggestions, questions, ideas, or other information or content (collectively, "Communications") subject to the "Prohibited Acts" described further below.

If you do post or transmit Communications, and unless Schweppe, Inc. indicates otherwise, you grant Schweppe, Inc. and its affiliates a nonexclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to use, reproduce, adapt, adopt, modify, translate, publish, distribute, and display such Communications throughout the world in any media. You also grant Schweppe, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such Communications as well as in connection with any and all advertising, marketing and promotional material related thereto. You further represent and warrant that you own or otherwise control all of the rights to the Communications that you post; that the content of the Communications is accurate; that the content of the Communications is not scandalous or libelous; that use of the Communications you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree to indemnify Schweppe, Inc. and its affiliates and sublicensees for all claims resulting from the Communications you supply. You further agree and acknowledge that you shall have no recourse against Schweppe, Inc. for any alleged or actual infringement of any proprietary right in your Communications to us.

Schweppe, Inc. has the right (but not the obligation) to monitor and edit or remove any activity or content on the Site. Schweppe, Inc. takes no responsibility and assumes no liability for any Communications posted by you or any third party.

TRADEMARKS

"Schweppe, Inc.," the Schweppe, Inc. logo and other marks indicated on the Site are registered trademarks or trademarks of Schweppe, Inc. in the United States and worldwide. Other Schweppe, Inc. graphics, logos, page headers and service names are trademarks or trade dress of Schweppe, Inc.. Schweppe, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Schweppe, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Schweppe, Inc.. Unless otherwise noted on the Site, all other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Schweppe, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Schweppe, Inc. MAKES NO WARRANTY THAT (1) THE SITE OR THE COMMUNICATION SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR THE COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR COMMUNICATION SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS ON THE SITE OR COMMUNICATION SERVICES WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM Schweppe, Inc., FROM A Schweppe, Inc. EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.

Schweppe, Inc. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Schweppe, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE OR COMMUNICATION SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR COMMUNICATION SERVICES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR COMMUNICATION SERVICES, OR (5) ANY OTHER MATTER RELATING TO THE SITE OR COMMUNICATION SERVICES.

LINKS, THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES

The Site and Communication Services provide links to Web sites and access to content, services, and products from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Schweppe, Inc. is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Schweppe, Inc. is not responsible for third party content accessible through the Site or Communication Services, including opinions, advice, statements and advertisements, and you understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, or if you purchase any products or services where Schweppe, Inc. acts as the reseller of a third party's products or services, your relationship is directly with the third party. You agree that Schweppe, Inc. is not responsible for: (1) the quality of third party products or services, and (2) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Schweppe, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

INDEMNITY

You agree to defend, indemnify and hold harmless Schweppe, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of the Site or Communication Services.

CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY

Schweppe, Inc. reserves the right to make changes to the Site and Communication Services (including permanent or temporary discontinuance of the Site or Communication Services), its policies, and these Terms of Use at any time. You agree that Schweppe, Inc. shall not be liable to you or any third party for any such change, amendment, modification, suspension or discontinuance. Any and all portions of the Terms of Use shall automatically apply to all improvements, modifications, changes and/or amendments as they appear on the Site or Communication Services. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of Schweppe, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

 
 

 

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