TERMS AND CONDITIONS OF WEBSITE USE - MARCH 4, 2013
INFORMATION ABOUT US
Bacardi Global Brands Limited is registered in England & Wales under company number 3651489. Our registered office and main trading address is at 28 Dorset Square, London, NW1 6QG, United Kingdom. Our VAT number is GB 222 2530 16.
We are extremely proud of our high quality brands, products and marketing. That pride goes hand in hand with a deep sense of responsibility and respect for the global communities that we serve and the inh4idual consumers who enjoy our products. As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS — the Distilled Spirits Council for the United States and spiritsEUROPE — the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.
ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.
We reserve the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. Provided that you are located in a country or other territory where the sale, advertising and consumption of alcoholic beverages is permitted AND you have an age at which it is legal to purchase and consume alcoholic beverages (“Legal Drinking Age”) in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.
The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials published on our Site must always be acknowledged.
You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive clubfinder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to, or post on, our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the perpetual right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
Any and all material which you contribute to our Site must comply with the following content standards. The standards apply to each part of any material you contribute as well as to its whole.
Your contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and other EU countries, in the USA and in any other country from which they are posted.
Your contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Encourage, condone, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Be targeted at an audience below the Legal Drinking Age.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe or violate any copyright, database right, trade mark, service mark, right of publicity or privacy, or other proprietary right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal or immoral activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of our Site.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of the Bacardi Group of Companies and our affiliates (the “Bacardi Group”) hereby expressly exclude and disclaim:
- all conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, the Bacardi Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
The Bacardi Group may organise events in your country. We reserve the right to collect still and moving] images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to our Digital Director at firstname.lastname@example.org.
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You must not establish a link from any website to any page on our Site or frame our Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director at email@example.com.
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.
If you are located anywhere except the U.S., then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions are governed by English law.
If you have any concerns about material which appears on our Site, please contact in writing for the attention of our Digital Director at firstname.lastname@example.org.