Starbucks Corporation ("Starbucks") owns and operates the Internet site located at http://www.frappuccino.com including this http://www.frappuccino.com (the "Site"), located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions ("Terms and Conditions") and you attest that you are at least 18 years of age. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
In the event you browse, access or use another site hosted by Starbucks or its affiliates or other third parties, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
GRANT AND RESTRICTIONS ON USE OF STARBUCKS MATERIALS
The materials published by Starbucks on this Site, and any other World Wide Web site owned, operated, licensed, or controlled by Starbucks or any of its related, affiliated or subsidiary companies (collectively, the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by Starbucks or any of its relevant related, affiliated or subsidiary company or companies, as the case may be. All of the Materials available on this Site are proprietary and the subject of copyright, author's rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Subject to these Terms and Conditions, Starbucks hereby grants you a limited license to use the Materials, features and services provided by Starbucks on this Site, solely in connection with the Site and solely for your personal, non-commercial use, to upload content to Site, including without limitation, content in the form of photographs, graphics, videos and remarks, and to post any idea, comment or other material (collectively, "Submissions").
ACCEPTABLE USE POLICY
You may only use this Site solely for its intended purpose and only in accordance with the Terms and Conditions set forth herein.
You are prohibited from transmitting any "sensitive" personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters ("Sensitive Personal Information").
You are also prohibited: (i) from using the Site to send or post harassing, abusive, or threatening messages; (ii) from transmitting through the Site any information, data, text, files, links, software, or other materials that Starbucks considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) from disrupting the normal flow of the Site, including, without limitation, any dialogue on the Site or otherwise act in a manner that negatively affects other participants or is deemed inappropriate by Starbucks; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) from intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) from posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; (viii) from posting Submissions or using the Site in such a way that damages the image or rights of Starbucks, other users or third parties; and (ix) from creating any frames at any other web sites pertaining to any portions of this Site.
If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions.
ACCESS TO SITE
LICENSE TO USER SUBMISSIONS
Your Submission to Starbucks and this Site is entirely voluntary, non-confidential, gratuitous, and non-committal. You grant to Starbucks and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license, without any need for accounting, in and to your Submission and anything contained therein, and its use by Starbucks in accordance with these Terms and Conditions without restrictions of any kind and without (i) any payment or other consideration of any kind, or (ii) permission, or notification to you or any third party. This license shall include, without limitation, the right to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license or sub-license the Submission (in whole or in part), and anything contained therein, including any and all rights therein, in the name of Starbucks, or its designees throughout the universe in perpetuity in any manner and in any or all media now or hereafter known.
You agree that, except to the extent that these Terms and Conditions are superseded by a separate agreement in writing by you and Starbucks, you hereby irrevocably release and forever discharge Starbucks and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Starbucks and its affiliates and subsidiaries or their respecting successors and assigns with respect to your Submission and anything contained therein, including without limitation in respect of how Starbucks and its affiliates and subsidiaries, directly or indirectly, use the Submission and anything contained therein.
Due to the volume of responses, it may not be possible for Starbucks to respond to or publish every Submission made to the Site. By making a Submission to the Site, you hereby represent and warrant that: (i) you either own or control all of the rights to the Submission or anything contained therein; (ii) you have obtained permission from the owner or appropriate rights holder of all content in the Submission to use such content and submit it as part of Submission, including without limitation the Submission's use in accordance with these Terms and Conditions; (iii) you have received all necessary permissions from any person mentioned, identified or depicted in the Submission to submit such information to the Site in accordance with these Terms and Conditions; and (iv) your Submission and anything contained therein will not otherwise infringe any intellectual property or other right(s) of a third party.
You are responsible for the content of the Submission and agree (at Starbucks option and at your sole expense) to defend, indemnify and hold Starbucks harmless from any and all actions, causes of actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines, or expenses, including attorneys' fees, which Starbucks may incur as a result of, use of or are related to your Submission and anything contained therein in accordance with these Terms and Conditions.
THE MATERIALS AND INFORMATION ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STARBUCKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARBUCKS PROVIDES THIS SITE ON THE BASIS THAT STARBUCKS EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO THE SITE.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARBUCKS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF STARBUCKS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT STARBUCKS LIABILITY FOR (I) FRAUD; WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
Starbucks and the Starbucks logo are registered trademarks of Starbucks. All other Starbucks trademarks, service marks, domain names, logos, company names and indicia of origin referred to on this Site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Starbucks or its affiliates or licensors. In countries where any of the Starbucks trademarks, service marks, domain names, logos. company names or indicia of origin are not registered, Starbucks claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, and company names and indicia of origin. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Starbucks or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name, or indicia of origin. You may contact Starbucks by sending an e-mail to Customer Care, or writing to Starbucks at 2401 Utah Ave. S, Seattle, WA 98134 USA, to request written permission to use trademarks, indicia of origin and Materials on this Site for purposes other than stated in these Terms and Conditions or for all other questions relating to this Site.
JURISDICTION; COMPLIANCE WITH LAWS
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of Washington, U.S.A. Any legal action or proceeding relating to your access to, or use of, the site or these terms and conditions shall be instituted only in a state or federal court located in the state of Washington, U.S.A. You and Starbucks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.
In operating the Site, Starbucks may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Starbucks does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Starbucks has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Starbucks has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Starbucks or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms and Conditions. If you believe any material available via the Site infringes a copyright, you should notify Starbucks using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Starbucks will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Starbucks designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Customer Care, Starbucks Corporation, 2401 Utah Ave. S, S-CR1, Seattle, WA 98134. (206) 800-235-2883. firstname.lastname@example.org
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Site that you claim is infringing, with enough detail so that Starbucks may locate it on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Starbucks may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below.
To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- 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;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
MODIFICATIONS TO TERMS AND CONDITIONS
Starbucks can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated except where other notices or consent is required by law. These Terms and Conditions were last revised on April 13, 2010.
This Site may include forward-looking statements. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words such as "believes," "expects," "anticipates," "estimates," "intends," "plans," "seeks" or words of similar meaning, or future or conditional verbs, such as "will," "should," "could" or "may." A forward-looking statement is neither a prediction nor a guarantee of future events or circumstances, and those future events or circumstances may not occur. Actual future results and trends may differ materially depending on a variety of factors including the risks detailed in the company's filings with the Securities and Exchange Commission, including the "Risk Factors" section of Starbucks Annual Report on Form 10-K for the most recent fiscal year ended. The company assumes no obligation to update any of these forward-looking statements.
- If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.
- Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities.
- Save as provided in these Terms and Conditions, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to these Terms and Conditions (a "Misrepresentation") and Starbucks shall have no liability to you other than pursuant to these express Terms and Conditions.
- Any amendment and waiver of these Terms and conditions must be made in writing and signed by Starbucks.
- You may not transfer, in any way, any of your rights or obligations under these Terms and Conditions without our prior written consent.
- All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in this Site.
You may contact us at:
2401 Utah Ave. S
Seattle, WA 98134
This Site is owned and operated by:
Starbucks Coffee Company
2401 Utah Ave. S
Seattle, WA 98134