UPDATED AS OF: 03/31/2011
COMPANY: YOOVIO (the "Company" or "we")
CONDITIONAL USE OF THIS SITE.
• You may use this Site for your own personal, non-commercial informational or entertainment purposes only.
• You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
• You may not use any third parties' likenesses, names, and/or properties without their express permission.
• You may not send any Materials to the Site that are unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
• We may review, edit or delete Materials you or others send to this Site, but are not obligated to do so.
• We may cancel any registration(s) or account(s) on this Site at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
OWNERSHIP OF MATERIAL YOU SEND
You must be 13 years of age or older and a legal resident of the United States to submit Materials to the Site. You must only send Material to the Site if or otherwise have the necessary rights to use that Materials.
We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms:
• USE OF THE SITE IS AT YOUR OWN RISK;
• THE SITE IS PROVIDED TO YOU "AS IS"; AND
• TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES DUE TO:
• STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
• CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
• VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
• LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
• ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
• ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
• ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
• YOUR BREACH OF ANY PROVISION OF THESE TERMS;
• ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
• You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.
COPYRIGHT COMPLIANCE POLICY.
You agree that: (i) you are the original author of the Materials or have all rights to the contents of the Materials and all components thereof (including, but not limited to master recording rights and publishing rights with respect to any musical recordings) and that you have obtained all rights, consents and permissions, including but not limited to those of persons participating in the Materials, necessary to grant the rights granted herein; (ii) the Materials have not been released commercially; (iii) the Materials do not and will not violate any law, statute, ordinance or regulation; (iv) that the Materials are free and clear of any liens or claims with respect to the use of the Materials in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) that the Materials are not and will not be defamatory, trade libelous, pornographic or obscene.
HOW TO SEND A NOTICE OF COPYRIGHT INFRINGEMENT.
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our Site infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the individual designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to:
Attn: Consumer Relations
Re: YOOVIO Copyright Compliance Policy
Email Address: email@example.com
Your notice of infringement must be a written communication provided to the individual above that includes substantially the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counternotice If Your Materials Were Removed in Response to a Notice of Infringement and You Believe the Materials Are Not Infringing.
As explained above, if we receive a notice of infringement sent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above. Your counternotice must be a written communication sent and must include substantially the following information:
(1) A physical or electronic signature of the subscriber (you the user).
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(4) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person. When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings of Materials for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.
If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
As used herein:
"Damages" means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise). "including" means "including, but not limited to"
"Materials" (and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, images, audio, video, data or code or other material) by you or another user.
"Related Parties" means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
"Site Contents" means any and all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on this Site.
"Site Developer" means any party involved in creating, producing, delivering or maintaining the Site.
"use of this Site" (and "using" and other like terms) means "any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site."
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus.
Please note, we may change information on this Site and/or these Terms, at any time without notice. You should regularly review these Terms for any changes. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
If you have any questions or comments regarding this Site, please contact us at the above "Contact" address, telephone number or e-mail.
Many Internet users with disabilities find web sites difficult or even impossible to use simply because of the way they are designed. We are working hard at Dr Pepper/Seven Up, Inc. to provide access to information that is available to all our customers, and this goes for the website, too.
We are aware of the types of adaptive technology used by people with disabilities and are redesigning pages across our portfolio of websites to ensure compatibility with as many of these systems as possible. Changes include keeping text clear, formatting layouts and tables, and making sure links adequately describe where they go ('click here' does not mean much in isolation).
We are rebuilding our websites to meet the Web Accessibility Initiative (WAI) Content Accessibility Guidelines set by the World Wide Web Consortium (W3C) and we aim, wherever possible, to ensure we conform to 'Double-A' standards. You can find out more about the initiative on W3C's website.
If you come across a part of our site that is difficult to use please tell us about it. We intend to keep improving our accessibility - so to help us do it, send us your comments.
This website has been designed to be keyboard accessible. To access the primary navigation, utilize the tab button. Access to secondary and tertiary navigation can be further accessed through a combination of tab and arrow key actions.