TERMS OF USE

1. Acceptance of Terms

By accessing and using no.swat.cokezero.com, including all content and functionality available through it (collectively, the "Site"), you signify your agreement to these Terms of Use and all applicable laws and regulations. If you do not agree to and accept these Terms of Use without limitation or qualification, please exit the Site.

The Coca-Cola Company or subsidiaries hereof (“TCCC”) may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions immediately upon posting of them and should therefore periodically visit this page to review the current Terms of Use.

Depending on how you use the Site, you may also be subject to any additional posted guidelines, rules, terms and conditions, which are hereby incorporated by reference into these Terms of Use.

2. Description of Site

This Site provides users with access to a variety of resources, many of which are posted by users and for which TCCC is not responsible, including without limitation instructions or other information about how to do or make certain things. In addition, the Site may contain links to third-party sites that are not owned or controlled by TCCC, which TCCC has no control over, and for which TCCC is not responsible. By accessing and using the Site, you agree that TCCC is not responsible for any liability arising from any content posted by users or from the access or use of any third-party sites to which the Site may be linked, the access and use of are at your own risk.

Unless explicitly stated otherwise, any new features to the Site shall be subject to these Terms of Use. You understand and agree that the Site, including any modifications thereto, is provided "AS-IS" and that TCCC assumes no responsibility for any use of the Site.

3. Requirements for Use of Site and Registration

The Coca-Cola Company grants you use of the Site under the following conditions:

You must be at least 15 years of age and a legal resident of Norway to access and view the Site. In consideration of your use of the Site, you represent that you are at least 15 years of age, that you are a legal resident of Norway, and that you are either legally able to accept these Terms of Use as a binding contract or that your parent/guardian has read these Terms of Use, has given you permission to participate on the Site, and has agreed to be bound by these Terms of Use on your behalf. You also acknowledge and agree that you may be required to register with TCCC in order to access certain areas of the Site. With regard to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail 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 TCCC 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. TCCC is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

4. Privacy Policy

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 TCCC in accordance with the Site's Privacy Policy as posted. 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. E-mail and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

5. Content and Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TCCC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN ANY CONTENT OR OTHERWISE, YOU DO SO AT YOUR OWN RISK. TCCC may or may not monitor, but does not control the Content posted via the Site and, as such, TCCC does not guarantee the accuracy, integrity, safety, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, unsafe, or objectionable. Under no circumstances will TCCC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

Without limitation, you agree to not use the Site to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, unsafe, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  4. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You acknowledge that TCCC may or may not monitor Content, but that The Coca-Cola Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove, or filter any Content that is available via the Site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive). Without limiting the foregoing, TCCC its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, safety, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TCCC or submitted to the Site.

You acknowledge, consent and agree that TCCC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of TCCC, its users and the public.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TCCC and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

Please note that other Site users may post messages or make statements on the Site that are inaccurate, misleading, deceptive, or offensive. TCCC, its sponsors or affiliated companies (collectively, the “Affiliated Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made on the Site by any user. Without limitation, TCCC and the Affiliated Entities are not responsible for any information or materials made available through the Site (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 TCCC, 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 on the Site reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of TCCC or any Affiliated Entity.

6. Ownership of Content - License

TCCC does not claim ownership of Content you submit or make available for inclusion on the Site. However, with respect to Content you submit or make available for inclusion on the Site, you grant TCCC the non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, and that you are not entitled to any compensation or reimbursement of any kind from TCCC with respect to such license.

By uploading, posting, emailing, transmitting or otherwise making available any Content via the Site, 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 graphic, visual or musical compositions and/or sound recordings embodied or embedded in any Content), and that such Content 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 Content that you may have under any applicable law under any legal theory.

The Site and all of its contents, other than the Content submitted or posted by users, are owned and copyrighted by TCCC and/or the Affiliated Entities or others with all rights reserved unless otherwise noted.

7. Infringing contents

If you believe in good faith that materials available on the Site infringe your copyright, trademark, trade secret, privacy or other intellectual property or other rights, you may send TCCC a notice requesting that TCCC 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, you may send TCCC a counter-notice. Notices and counter-notices should be sent to:

Chandra Benjamin Mostov
Wunderman Copenhagen
Strandboulevarden 122 4.
2100 København Ø
Phone: +45 3288 7777
Denmark
E-mail: chandra.mostov@wunderman.dk

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for raising false claims under applicable law.

8. Disclaimer of Warranties

THE SITE AND ALL SOFTWARE, SERVICES, AND 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 NON-INFRINGEMENT. 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, TCCC neither warrants nor represents that your use of the Site, nor your use of any software, services, or 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, TCCC assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material on the Site, or any material on the Site that could constitute or encourage conduct that would be unsafe, or that would be considered a criminal offense, give rise to civil liability or would otherwise violate any law.

9. Exclusion of Liability

YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER TCCC, 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, OR 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, OR 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 TCCC 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, THE SOFTWARE, OR THE CONTENT, OR RESULTING FROM ANY CONTENT POSTED ON THE SITE BY TCCC 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.

10. Export Control

Software and other materials from this Site may 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, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or
  2. To anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

TCCC does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any 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.

11. Indemnity

You agree to defend, indemnify and hold harmless TCCC, 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 lawyers' fees) arising out of (a) your use of, or activities in connection with, the Site, any services, Software, or Content on the Site or on any third-party site to which the Site is linked; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any Content that you make available or create through the Site 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 TCCC, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if TCCC 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 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 TCCC may immediately de-activate 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 TCCC 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 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, 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, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

14. Severability

If any provision of these Terms of Use is 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.

15. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

Any challenges, sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, competition, raffle, survey or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. TCCC 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.

16. Filtering

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.

17. Information or Complaints.

If you have a question or complaint regarding the Site, please send an e-mail or letter to the following address or contact us by phone:

Chandra Benjamin Mostov
Wunderman Copenhagen
Strandboulevarden 122 4.
2100 København Ø
Phone: +45 3288 7777
Denmark
E-mail: chandra.mostov@wunderman.dk

18. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the internal substantive laws of Norway, without regard to its choice of law provisions. The courts of Stockholm 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.

19. Void Outside Norway and Where Prohibited

The Site is controlled and offered by TCCC from its facilities in Oslo. The Coca-Cola Company makes no representations that the Site is appropriate or available for use in other locations. Although this Site may be accessible worldwide, by accessing or using the Site, you agree that: (i) the Site shall be deemed solely based in Oslo; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over TCCC any Affiliated Entity, either specific or general, in jurisdictions other than Norway. In addition, not all persons may be able to participate or win prizes, if applicable, in certain challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of the 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.

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