Where you can REMIX the all-new
MORE track from The Black Eyed Peas!

Conditions of Use:

PEPSI MORE PROMOTION TERMS AND CONDITIONS Welcome to the PEPSI MORE promotion and application, located at the web site www.pepsimore.com (collectively, the "Service"). This Service is operated and maintained by PEPSI whose principal business address is 700 Anderson Hill Road, Purchase, NY, 10577 ("PEPSI", "we" or "us") and includes the following: Use of the Pepsi ring tone mixer software (the "PEPSI Software"), and certain limited use andownload of PEPSI ELEMENTS (defined below) and upload of user-generated content to be owned by PEPSI as described below. The following terms and conditions (the "Terms and Conditions") contain important information regarding the Service. Please read the following terms and conditions carefully. These Terms and Conditions are a binding agreement between you and PEPSI and will govern your participation in the Service and any and all offers related to this Service. YOUR ACCESS AND USE OF THE SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE ANY PORTION OF THE SERVICE. Authorized use of the Service: (1) The Service offers you the limited, non-exclusive, non-transferable, non-commercial right to use the PEPSI Software and PEPSI ELEMENTS (defined below) to a) create, re-mix, download and upload ring tones or ring back tones and/or b) create, re-mix, perform, download, and upload "mash-up" music recordings which may include video performances by you of the mash-up music recording (collectively, each a "Mash-Up Recording" and collectively, "Mash-Up Recordings"). To create a Mash-Up Recording, you will use elements made available to you at the Service including lyrics and music from one or more versions of the Black Eyes Peas song currently entitled "MORE" ("Song") and other elements provided to you by PEPSI in connection with the service such as ring tones, wall paper, screen savers, skins, etc. (collectively, PEPSI ELEMENTS") and all elements provided by you including your creation of the Mash-Up Recording which includes any and all derivative works created by you, re-mixes of the Song, ring tones, or ring back tones, and any vocal and musical performance of the Song and/or Mash-Up Recording (collectively, "User Elements"). (2) The Service also offers you a limited, non-exclusive, non-transferable, non-commercial right to use the PEPSI Software and PEPSI ELEMENTS to create, remix, and download for your personal use other ring tones, ring back tones, or a full length download of the Song, as well as or other PEPSI owned or licensed merchandise; (3) There will also be a section on the Service that will allow you to upload your photograph taken at a Black Eyes Peas concert you attended. Proprietary Rights/Licenses: (i) We are the exclusive owner or authorized licensors of the Service, and all PEPSI ELEMENTS including without limitation, the Song and any and all rights in and to the Song including the composition of the Song (i.e. the lyrics and music of the Song), and the underlying Master Recording of the Song, any ring tones or ring back tones available on the Service (including any underlying rights in the master recordings of the ring tones or ring back tones), any merchandise available for download, the PEPSI Software, and any copy, graphics, text, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Except as set forth herein, you agree not to copy, distribute, modify reverse engineer, decompile, make derivative works, or otherwise exploit or license the PEPSI Software, the PEPSI ELEMENTS, the Song, or any other materials or merchandise made available to you by your use of the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms and Conditions are reserved by PEPSI. (ii) YOU HEREBY ASSIGN TO PEPSI ALL RIGHT, TITLE, AND INTEREST IN AND TO ANY AND ALL USER ELEMENTS, SEPARATE TO AND IN THE CONTEXT OF THE MASH-UP RECORDING, SUPPLIED BY YOU IN CREATING THE MASH-UP RECORDING AND YOUR PERFORMANCE OF THE MASH-UP RECORDING INCLUDING WITHOUT LIMITATION, ANY DERIVATIVE WORKS CREATED USING THE PEPSI ELEMENTS AND/OR SONG, ANY RE-MIX OR CREATION OF RING TONES OR RING BACK TONES, YOUR MUSICAL PERFORMANCE (INCLUDING VOCALS) OF THE SONG BY YOU AND/OR OTHERS, ANY VIDEO CREATED BY YOU OF YOUR PERFORMANCE, AND THE UNDERLYING SOUND RECORDING OF YOUR MASH-UP RECORDING, PERFORMANCE OF SUCH MASH-UP RECORDING, AND/OR VIDEO OF SUCH PERFORMANCE. FOR AVOIDANCE OF DOUBT, ALL USER ELEMENTS INCLUDING ANY DERIVATIVE WORKS CREATED BY YOU USING THE PEPSI ELEMENTS (INCLUDING THE SONG) SHALL BE DEEMED A "WORK MADE FOR HIRE" PURSUANT TO THE UNITED STATES COPYRIGHT ACT OF 1976. TO THE EXTENT NOT CONSIDERED A "WORK FOR HIRE", YOU HEREBY ASSIGN ALL OF ITS RIGHT, TITLE AND INTEREST IN SUCH USER ELEMENTS SEPARATE TO AND IN THE CONTEXT OF THE MASH-UP RECORDING TO PEPSI. TO THE EXTENT THAT ANY USER ELEMENTS ARE NOT CONSIDERED COPYRIGHTABLE, YOU HEREBY ASSIGN ALL PROPRIETARY RIGHTS THEREIN TO PEPSI. (iii) By submitting User Elements in which you appear including your photograph, you hereby grant PEPSI the unrestricted, unlimited, perpetual, worldwide to use your name, image, likeness, or other information or materials supplied by you including any third party materials as it appears in such User Elements alone or as part of the Mash-Up Recording, without payment of compensation to you and without seeking any further approval from you. You agree to be solely liable for the User Elements alone and as part of the Mash-Up Recording supplied by you. (iv) Pepsi hereby grants to you a limited, non-exclusive, non-transferable, non-assignable, non-commercial right to use the Service including the PEPSI Software, the Song, any and all PEPSI ELEMENTS, and/or other content or elements provided in connection with your use of the Service ("Content"). Your use of the Content is limited solely to your enjoyment of the Service and not for any commercial or other use not specifically granted by PEPSI herein. Without limitation, PEPSI expressly disclaims any liability for, and makes no representations on behalf of, any third party software programs or materials, including the way they operate with the Service or interact with your computer. Storage of Mash-Up Recordings: The creation and storage of Mash-Up Recordings is subject to availability, and no guarantee is made regarding any amount of storage space or length of time for such storage. Mash-Up Recordings may be removed at PEPSI’s discretion, for any reason, without notice. The Service is provided for your personal and non-commercial use. Any other use of the Service requires PEPSI’s prior written consent. Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy located at www.pepsi.com/corporate/privacy/index.php Unauthorized Use of the Service: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Service including without limitation, any PEPSI ELEMENTS or the Pepsi Software. You may not take any action to interfere with the Service or any other user's use of the Service, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Service. PEPSI is under no obligation to monitor any third party postings to the web site, or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. You may not download, use, copy, license, or otherwise exploit the PEPSI Software, PEPSI ELEMENTS, the Song, the User Elements, or any other materials or derivative works created by you using the Service in any manner other than as described herein or for any other purpose including commercial use without our prior written consent. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, the Service to any third party. Acceptable Use Policy: This Service provides you with the ability to re-mix and download ring tones, ring-back tones, a full length version of the Song, and other merchandise, and the ability to upload your photograph, and create and upload Mash-Up Recordings. When using such features, you expressly warrant, represent and agree that: (a) you own all right, title and interest in and to any User Elements supplied by you and you have permission from any and all third parties appearing in such User Elements to use such third parties in and as part of your Mash-Up Recording; You further assign all such rights in and to the User Elements including any third party rights to PEPSI as set forth above and agree that you have no right or interest in any User Elements or PEPSI ELEMENTS. (b) any and all User Elements supplied by you are your own fully original creations and do not copy in whole or in part from any other work; (c) any and all User Elements supplied by you do not contain any third party trademarks, logos, service marks and/or brand identifiers; (d) User Elements (including but not limited to any materials integrated into such User Elements) supplied by you will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations; (e) you will not post and/or use any content that is libelous, defamatory, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in PEPSI’s sole discretion; and (f) you have the right to provide and send messages to any email address that you input to send emails through the Service. Links: This Service may contain links to other web sites not maintained by us, and through such links you may be able to engage in certain transactions with third parties. We encourage you to be awarewhen you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. No Warranties: THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND PEPSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THECONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PEPSI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE MASH-UP RECORDINGS AND/OR OTHER RELATED CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount of one dollar (US $1.00). Changes: We may change, suspend or terminate the Service at any time without notice. We further may remove any and all content or materials posted on the Service at any time without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Service, and you should check for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes. Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms and Conditions, (ii) the content of any User Elements supplied by you and any Mash-Up Recordings created by you, (iii) your use of materials or features available on the Service (except to the extent a claim is based on infringement of a third party right by materials supplied by us) or (iv) any violation by you of any applicable federal, state, or local law. Governing Law: The laws of New York State shall govern these Terms of Service regardless of the location of any user. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN New York State FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE. Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (ii)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 us to locate the material; (iv) Information reasonably sufficient to permit us 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; (v) 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; and (vi) 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. All DMCA notices should be sent to our designated agent as follows: Communicator, Inc pepsi.inquiry@communicator.us It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions. Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right byus or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. Questions: Should you have any questions regarding these Terms and conditions you may contact us at: Communicator, Inc pepsi.inquiry@communicator.us These Terms and Conditions are effective and were last updated on May 14th, 2007.

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