GENERAL TERMS AND CONDITIONS and services of the UEFA EURO2008™ Virtual CollectionThe UEFA EURO2008™ Virtual Collection contains a number of different services (referred to as the ""Services""), which are supplied by Panini UK Ltd., Tunbridge Wells, UK and Coca-Cola Services N.V./S.A., Brussels, Belgium for their users. Subscription to the UEFA EURO2008™ Virtual Collection and the use of one or more of its Services implies acceptance of the General Terms and Conditions of Panini and Coca-Cola. The use of UEFA EURO2008™ Virutal Collection and its Services are governed by the terms and conditions of Coca-Cola and Panini set forth below and all other disclaimers, guidelines, policies referenced in this document.
I. TERMS AND CONDITIONS RELATED TO THE SERVICES PROVIDED BY COCA-COLAThe terms and conditions listed below, as well as any other law or regulation that applies to this website (the “Site”), the Internet or the Worldwide Web, apply to all Site users.
Coca-Cola Services N.V., 1424 Chaussée de Mons,1070 Brussels, Belgium, registered under the number #BE0462525791, represented by its officers Peter Buijze and Dr. Mike Knowles, maintains this Site for your personal entertainment, information and communication. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of Coca-Cola Services N. V. This website is realized by the following agency:
FullSix,
157 rue Anatole,
France, 92309 Levallois Perret Cedex,
France,
www.fullsix.com
Tel: +33 1 49 68 73 00
Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.
Terms and Conditions- You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Coca-Cola. Coca-Cola 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 Coca-Cola Services N. V.
- Images of people or places displayed on the Site are either the property of, or used with permission by Coca-Cola Services N. V. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- 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 Coca-Cola Services N. V. in accordance with the privacy notice of the Site. 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.
- While Coca-Cola Services N. V. uses reasonable efforts to include accurate and up to date information in the Site, Coca-Cola Services N. V. makes no warranties or representations as to its accuracy. Coca-Cola Services N. V. assumes no liability or responsibility for any errors or omissions in the content of the Site.
- Your use of and browsing in the Site are at your risk. Neither Coca-Cola Services N. V., 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 your access to, or use of, the Site provided that we do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.
- Coca-Cola Services N. V. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of browsing in the Site or your downloading of any materials.
- Everything on the Site is provided to you ""AS IS"" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.
- Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- Coca-Cola Services N. V. has not reviewed any or all of the sites linked to the Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site.
- Although Coca-Cola Services N. V. may from time to time, monitor or review discussions, chats postings, transmissions, bulletin boards, and the like on the Site, Coca-Cola Services N. V. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
- You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Coca-Cola Services N. V. will fully cooperate with any law enforcement authorities or court order requesting or directing Coca-Cola Services N. V. to disclose the identity of anyone posting any such information or materials and reserves the right to remove any such materials at any time from this Site.
- With respect to information or materials that you choose to display or post on any interactive services of the site (""user content""), you grant Coca-Cola Services N. V. and its 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, in any media now known or hereafter developed, for Coca-Cola Services N. V.’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, 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 submit.
- Please note that other site visitors may post messages or make statements in the services that are inaccurate, misleading, deceptive, or offensive. Coca-Cola Services N. V. 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, Coca-Cola Services N. V. 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.
- In this Agreement, “affiliated entities” means any direct or indirect parent, subsidiaries, sponsors, or affiliated companies of Coca-Cola Services N. V.
- You agree to defend, indemnify and hold harmless Coca-Cola Services N. V., 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 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.
- Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) 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 (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commercial Department's Table of Deny Orders. Coca-Cola Services N. V. does not authorise the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
- The Site may contain statements, estimates or projections that constitute ""forward-looking statements"" as defined under US 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 Coca-Cola Services N. V.’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.
- Coca-Cola Services N. V. may at any time revise these Terms and Conditions 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.
- The terms and conditions are governed by the laws of England and Wales. By using the site you agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.
II. TERMS AND CONDITIONS RELATED TO THE SERVICES SUPPLIED BY PANINIGeneral Terms and Conditions and relating changesThe subscriber expressly authorizes Panini to send these terms and conditions, any other particular conditions and any successive changes, which constitute all the information necessary for the use of the Services, to his/her e-mail address or through links to the relevant UEFA EURO2008™ Virtual Collection pages.
Panini reserves the right to change at any time and without notice the general terms and conditions or the modalities and the availability/use of the single Services.
The Member has the possibility to check the valid terms and conditions at any time directly online on the web pages of the UEFA EURO2008™ Virtual Collection. The subscriber can revoke the subscription in the event that he/she does not wish to accept the new terms and conditions of the Services, according to the below instructions.
Subscription to the UEFA EURO2008™ Virtual Collection is not subject to a time length, but the subscriber can withdraw his/her subscription at any time, by following the instructions indicated in the initial e-mail of activation, or by accessing the online area reserved to Members, where a cancellation of the subscription can be carried out.
A continued use of the Services constitutes the Member's acceptance of these general terms and conditions, of any other particular conditions and of any successive changes.
Proprietary RightsAll content included in the UEFA EURO2008™ Virtual Collection, such as text, graphics, logos, button icons, player images, audio clips, digital downloads, data compilation, and software, or other is the property of respective rights owners and protected by international copyright laws. Panini grants you a limited license to access and make personal use of the UEFA EURO2008™ Virtual Collection, and not to download, modify it, or any portion of it, except with express written consent of Panini..This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent.
Access, password and security of subscriberThe UEFA EURO2008™ Virtual Collection is accessible through the Member's registered e-mail address and password. The subscriber is responsible for maintaining secrecy of his/her password and also assumes complete responsibility for any damage caused to Panini or third parties due to non-observance of the above.
He is therefore responsible for each activity he/she undertakes in the environment of the UEFA EURO2008™ Virtual Collection and agrees to keep Panini out of any action or threat deriving from use or abuse of his participation in the UEFA EURO2008™ Virtual Collection and/or its Services.
The Member is obliged to notify Panini immediately and in writing of a possible loss of the password or of any unauthorized use of his/her user name and/or password or any other violation of security which comes to his/her attention. The Member can at any time change his/her password following the instructions online.
Functioning of the UEFA EURO2008™ Virtual CollectionThe UEFA EURO2008™ Virtual Collection works with a member recognition mechanism through log in/authentication online form: Member has to enter e-mail and password at any time to access and use the Services
Exclusion of guaranteeThe Member expressly agrees that the use of the Services is at his/her own risk. The Services are supplied ""as they are"" and ""as provided"". Panini offers no guarantee that the Services correspond to the needs of the Member or that they are uninterrupted, secure or without error; moreover Panini offers no guarantee on the results expected, desired or obtained through the use of the Services.
Limitation of responsibilityPanini denies responsibility for any eventual demands made by the Member relating to the inability to use the Services for any reason. Panini assumes no responsibility for damages, requests or losses whether direct or indirect, caused to the Member due to non and/or defective function of the electronic appliances of the Member or third parties, including those of the Internet Service Providers, telephone and/or digital connections not installed or organised by Panini or persons under its control. Panini cannot be held responsible for damages arising from non-use of the Services because of the lack of, or mistaken function of any electronic means of communication due to circumstances beyond its control, such as natural disaster, fire, power cut, breakdown of telephone lines or of other means of network supply, malfunction of electronic appliances, even those that do not represent an integral part of the Internet network, malfunction of software installed by the Member, or actions of other users or persons that have access to the network.
Ban on resale and commercial use of the ServicesThe right of the Member to use the Services is solely personal. The Member can be only one person. The Member cannot be a juridical person, group or other organisation, even without juridical nature. The Member agrees not to resell these Services or use them for any commercial end.