6FD TERMS OF USE

Sixth Floor Developers, LLC ("6FD", or collectively "us," "we" or "our"), hosts, maintains, and operates certain (the "Pepsi We Inspire Website Blog") accessible from the home page of the Pepsi We Inspire website located at http://www.pepsiweinspire.com (the "Site"). The Blog has Social Community Network functions, including "Posting", "hyperlinks", "Social Network Accessibility", among others and is maintained on behalf of Sixth Floor Developers, LLC, including its affiliates ("6FD"). 6FD is responsible for hosting, maintaining and operating webpages on the Site including its operations.

This document sets forth the terms and conditions (the "Terms of Use") with respect to the Pepsi We Inspire Web Blog and incorporates by reference our privacy policy (the "Privacy Policy").

For access to the terms and conditions or privacy policies of Pepsi We Inspire Blog, please refer to Privacy Policy. The Terms of Use and Privacy Policy are subject to change at any time by us, without prior notice to you, by our posting on the Privacy Policy. It is your obligation to review the Terms of Use and Privacy Policy from time to time. Any changes to the Terms of Use or Privacy Policy will be effective immediately upon our posting them to Privacy Area.

I. TERMINATION OF ACCESS

The use of the Pepsi Inspire Blog and its services is a privilege. Users who violate these Terms of Use may be denied access to the Blog and we reserve the right to suspend your use of the Blog for any reason at any time, in our sole discretion.

II. DEFINITIONS

For the purposes of these Terms of Use, the following definitions apply:
• "Text" includes all text on every page of the Pepsi We Inspire Blog, whether editorial, navigational, or instructional.
• "Graphics" includes all logos, buttons, and other graphical elements on Pepsi We Inspire Blog.
• "Design" includes the color combinations and the page layout of the Blog.
• "Programming" includes both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Pepsi We Inspire Blog.
• "User" refers to any individual who uses any aspect of the Pepsi We Inspire Blog or its services.
• "You" refers to the person accessing the Pepsi We Inspire Blog and agreeing to these Terms and Conditions.

III. INTELLECTUAL PROPERTY

6FD, RPM and various third parties are the respective owners of (or have the right to use) the intellectual property rights in connection with the Blog. The Blog is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and international copyright laws. Pepsi, 6FD, RPM and third party content providers also own (or have the right to use) copyrights in the content original to them or furnished by them, respectively, in connection with the Pepsi We Inspire Blog.

Pepsi owns any and all intellectual property rights relating to Pepsi that appears on the Site and/or on the Pepsi We Inspire Website Blog including, but not limited to (i) content provided by Pepsi that contains copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the current Pepsi brand image and that is incorporated into the Pepsi We Inspire Blog; (ii) Text, Graphics, photographs, video and audio Programming supplied by Pepsi for use or is used in connection with the Pepsi We Inspire Blog; and/or (iii) any adaptation, modification, improvement or derivative work of the foregoing (the "Pepsi Intellectual Property"); provided, however, that in each case, Pepsi Intellectual Property shall not include any 6FD Intellectual Property. Intellectual Property

Pepsiowns any and all intellectual property rights with respect to (i) any and all content furnished by Pepsi in connection with the Pepsi We Inspire Website Blog or otherwise used in connection with the performance of its obligations; (ii) any technology, Graphics, Designs, Programming, specifications, editorial content or images, data, databases, software, code, templates, User interfaces, techniques, algorithms, methods, processes, devices, procedures, functionality or other technologies ("Technology"); (iii) any copyright, trademark, service mark, trade name, trade dress, proprietary logo or insignia or other source or business identifier of Pepsi that is furnished by Pepsi for use in connection with the activities in connection with the Pepsi We Inspire Website Blog; and (iv) any adaptation, modification, improvement or derivative work of the (a) the foregoing, and/or (b) the Technology available on the Pepsi We Inspire Website Blog that is developed by 6FD or jointly by 6FD and RPM. Collectively, the foregoing are defined hereunder as "6FDIntellectual Property", which shall not include any Pepsi Intellectual Property.

Your use of the Pepsi We Inspire Website Blog does not grant You any rights or licenses relating to the Pepsi Intellectual Property, the 6FD Intellectual Property, or any other intellectual property related to the Pepsi We Inspire Website Blog owned by any third parties, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. All product names, names of services, trademarks and service marks ("Marks") are the property of their respective owners, as indicated.

Neither the Pepsi We Inspire Website Blog nor any of the content or other materials on the Website Blog , nor any related software may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless You obtain our prior written consent.

V. ACCEPTABLE USE OF THE PEPSI WE INSPIRE WEBSITE BLOG

The Pepsi We Inspire Website Blog and its services are intended to facilitate the a Social Interactive environment between users. A limited license is granted to You by us and Pepsi to view, Post, and view Blog solely for your personal, non-commercial use. The Blog may be used in a manner consistent with this purpose, and only within the context of the information set forth on the Pepsi We Inspire Website Blog.

VI. LIMITATIONS ON INFORMATION SUBMITTED

Any submission of information to us through the Pepsi We Inspire Website Blog is subject to the following guidelines and restrictions:

It may not contain URLs or links to any other websites (To advertise your company or website, contact our Sales department);

b. It may not contain copyrighted material (unless You own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);

c. It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;

d. It is not or could not be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Pepsi We Inspire Blog Website or its contents.

e. It may not contain trade secrets (unless You own them or have the owner's permission to post them);

f. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights;

g. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;

h. It may not contain information that is known by You to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by You;

i. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;

j. You may not solicit money, investments or make any offering of securities or investments;

k. You may not submit chain letters or pyramid schemes;

l. You may not submit opinions or notices, commercial or otherwise;

VII. MONITORING OF INFORMATION

Neither 6FD nor Pepsi assumes any obligation to review or monitor the content or other information submitted to the Pepsi We Inspire Website Blog. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Pepsi We Inspire Website Blog for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Pepsi We Inspire Website Blog for any reason whatsoever.

VIII. RIGHTS TO INFORMATION

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Pepsi We Inspire Website Blog. Any information, materials, suggestions, ideas or comments You send to us will be deemed non-confidential, and by submitting it, You are granting us and/or Pepsi an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to You, subject to the Privacy Policy. However, 6FD, RPM and/or Pepsi will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

IX. MISCELLANEOUS

The Terms of Use and Privacy Policy for the Pepsi We Inspire Website Blog constitutes the entire understanding between 6FD, RPM, Pepsi, and You with respect to the use of the Pepsi We Inspire Blog Website. We control and/or operate the Pepsi We Inspire Website Blog from offices in the United States of America. Persons who choose to access the Pepsi We Inspire Website Blog from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use and/or Privacy Policy shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules, and You hereby submit to the personal and exclusive jurisdiction of the federal and state courts located in New York County, New York State, and waive any objections on the grounds of forum non-conveniens. No waiver by us or Pepsi of any breach or default under the Terms o Use and/or Privacy Policy shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Pepsi We Inspire Website Blog must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Policy is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Policy, as the case may be, and shall not affect the validity and enforceability of any remaining provisions.