The Website Conditions of Use set forth
below have been approved by our legal teams for use only in GB, Ireland and NA.
Markets other than GB, Ireland and NA are required
where appropriate to translate the wording into their local language and to
make any essential changes to comply with local laws.
Markets/brands can tailor copy for tone provided no
substantive changes are made to the meaning.
Marketing teams should obtain the approval of local
legal counsel and/or the relevant Diageo IP counsel representing the brand
(with any substantive changes approved by a member of the Digital Governance Leadership
Team).
The Conditions of Use have been worded to deal with
the broadest possible range of content to ensure maximum legal protection and
the minimum need for revisions as a website evolves or takes on new
functionality.
There are mandatory requirements for using the
Conditions of Use on websites. For example, consumers are deemed to ÔAcceptÕ
the Conditions of Use when they first enter the site; a link to the Conditions
of Use must be contained on every page.
Websites featuring, e.g., competitions, promotions,
or online sales will require additional specific Conditions of Use to cover
these activities in addition to these general Conditions of Use.
In the body of the Conditions of Use you will see
Text highlighted in GREY. This allows
for text relating to a specific brand, website address, and/or jurisdiction to
be inserted as appropriate. Update these areas before you publish these Conditions
of Use on a website. The GO LIVE DATE is
the date on which you publish the latest version of these Conditions of Use on
your site.
Effective Date: 9/26/2016
Any
use by you of this website and/or applciation (the ÒSiteÓ) is
conditional upon your acceptance of these Website/Application
Conditions of Use, including our Privacy and Cookie Notice
(collectively, ÒConditions of UseÓ). We reserve the right to amend these Conditions
of Use from time to time without notice and at our discretion. It is your
responsibility to review this page periodically for updates, which shall come
into effect when posted. Your continued use of the Site constitutes acceptance
of these Conditions of Use. We reserve the right to change, modify, suspend, or discontinue
any portion, features, or content of the Site at any time. We also may impose
limits on certain features or restrict your access to parts of or the entire
Site without notice or liability. The Site is
operated by a member of the Diageo group of companies, the ultimate holding
company of which is Diageo plc (registered in England and Wales with company
number 23307 and registered address at Lakeside Drive, Park Royal, London
NW107HQ, United Kingdom).
The Site is intended for your use only if
you are of legal age to purchase alcohol in your country of residence and in
the country from which you are accessing the Site. If you do not fall within this
category, you may be in breach of laws or regulations applicable in your
country of residence or access, and you should leave the Site immediately.
You may restrict
access to this site using content filtering software or by changing your
computer settings (e.g. browser or operating system), as appropriate.
IF YOU DO NOT ACCEPT THESE CONDITIONS
OF USE IN THEIR ENTIRETY PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we', or ÔcompanyÕ within
these Conditions of Use are deemed to refer to Diageo plc, its subsidiaries,
affiliates and associates.
1.
Rights – All rights in all material and content
(including, but not limited to, text, images, web pages, sounds, software
(including code, interface, and website structure), and video, and the look and
feel, design, and compilation thereof) on the Site are owned or licensed by us.
You agree that you are permitted to use this material and/or
content only as set forth in and to the extent permitted by these Conditions of
Use.
2.
Intellectual
Property – Unless otherwise indicated, we are the owner and/or
authorised user of all trademarks, service marks, design marks, trade dress,
patents, copyrights, database rights and other intellectual property
(collectively, the ÒIntellectual PropertyÓ) appearing on or contained within
the Site. Except as provided in these Conditions of Use, your use of the Site
does not grant you any right, title, interest, or license to any such
Intellectual Property you may access on the Site. Except as provided in these Conditions
of Use, any use or reproduction of the Intellectual Property is prohibited.
3.
Restrictions
on Use – Except as expressly authorized by law, by us, or by the
applicable licensor in writing, you are not entitled to reproduce, transmit,
license, sell, publicly perform, distribute, adapt, translate, modify, bundle,
merge, share, or otherwise make available to any person, or to create
derivative works of, any or all of the
materials or content available on the Site, or to use it for commercial purposes.
4.
Conditions
of Use and Acceptable Usage Policy Relating To Public Forums
The Site may contain interactive
services, including but not limited to discussion groups, news groups, bulletin
boards, chat rooms, blogs and other social networking features, such as the
display of Linked Content from Interfacing Sites (as described in Section 5
below) (collectively, ÒPublic ForumsÓ), which may allow you to post, transmit
or submit information, including but not limited to writings, images,
illustrations, audio recordings, and video recordings (ÒPostingsÓ). We may or
may not actively monitor Postings on Public Forums. Similarly, we may or may
not exercise editorial control over Postings on any Public Forum. You may be
exposed to content on Public Forums that is inaccurate, fraudulent or
deceptive, or that you find offensive or objectionable. Your use of Public
Forums is at your own risk.
We reserve the right, but are not
obliged, to monitor Public Forums and to remove or alter any Postings that we
consider, in our sole discretion, to constitute misuse of these rules. We may
restrict, suspend or terminate your use of these services or the Site where, in
our sole discretion, we believe that there may have been such a misuse.
The
following examples constitute misuse of the Site:
á using the Site for any improper, unlawful, or immoral purpose,
á causing any nuisance by your use of the Site
or causing the operation of the Site to be jeopardised or impaired;
á using the Site to create, host, or transmit (whether in a Public
Forum or otherwise) any defamatory, offensive, or obscene material, or engaging
in activities which would cause offence to others on grounds of race, religion,
creed, or sex;
á using the Site to harm or attempt to harm minors in any way;
á using the Site to create, host, or transmit any material that
threatens or encourages bodily harm or the destruction of property, or would
constitute a criminal offence or give rise to civil liability;
á using the Site to create, host, or transmit material which
infringes the copyright, trademark, patent, trade secret, privacy, right of
publicity, or other intellectual property or proprietary rights of any other
party;
á using the Site to create, host, or transmit unsolicited
advertising material to other users;
á using the Site to create, host, or transmit any material that
harasses another;
á using the Site to make false, misleading, deceptive, or
fraudulent offers to sell or buy products, items, or services, or to send chain
letters or pyramid schemes or the like;
á adding, removing, or modifying identifying
network header information or copyright management information, including
author names, publication dates, or clearance agency names, in an effort to
deceive or mislead;
á using the Site to access, or to attempt to access, the accounts
of others or to penetrate or attempt to penetrate our or a third partyÕs
security measures, computer software, hardware, electronic communication
systems, or telecommunications systems;
á using the Site to collect, or attempt to collect, personal
information about third parties without their knowledge or consent, or to
engage in Òscreen scraping,Ó Òdatabase scraping,Ó or any other activity with
the purpose of obtaining lists of users or other data;
á using the Site for any activity which adversely affects the
ability of other people or systems to use the services or the Internet
generally, including, without limitation, flooding and hacking;
á
reselling,
repurposing, or redistributing any Intellectual Property provided by us our
contractors or our licensees without our prior written consent; or
impersonating any person or entity or using a false name that you are not
authorised to use;
á
encouraging, condoning, or glamorising under-age drinking, drunk-driving,
or excessive consumption of alcoholic beverages;
á disclosing any
personally identifiable information about yourself or any other party (e.g.
telephone number, geographic address, or any other information from which an
individualÕs identity or contact information can be derived); and
á violation of the
terms of use associated with an Interfacing Site.
This
list only serves to provide examples and is not meant to be an exhaustive list
of the type of unacceptable uses of the Site or Public Forums that may result
in the restriction, suspension, or termination of your use of the Site or
Public Forums. Due to the global nature of the Internet, users hereby agree to
comply with all local rules regarding online conduct and acceptable content.
Users also agree to comply with any applicable rules regarding the export of
any data from any country.
Any Postings you make will be
deemed not to be confidential or secret. You understand that personal and other
information (e.g., username, email address, phone number) that you post on or
through Public Forums is generally accessible to, and may be collected and used
by, others and may result in unsolicited messages or other contact from others.
You should not include any personally identifiable information about yourself
or any other person in any Postings. We reserve the right, but not the
obligation, to remove any Postings that contain personally identifiable
information. We shall not be liable for the use or misuse of any information or
data, including personal information, that you post on
our Public Forums.
You
represent and warrant that your Postings are original to you, do not infringe
on another partyÕs intellectual property rights, are not obscene, vulgar,
offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that
no other party has any rights thereto, and that any Òmoral rightsÓ in your
Postings have been waived, and you grant us a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive, and fully transferable,
assignable, and sub-licensable right and license to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display such Postings (in whole or part) and/or to incorporate
them in other works in any form, media, or technology now known or later
developed for any editorial, commercial, non-commercial, promotional, or other
purpose.
We are
not responsible for maintaining your Postings and we may delete or destroy them
at any time.
Content, information, and materials
posted by users to public forums are not endorsed by us. It is your
responsibility to evaluate and confirm the accuracy of information provided by
other users on or through public forums. The opinions expressed in Public
Forums are not necessarily ours. Any statements, advice, and opinions made by
participants are those of such participants only. We shall not be held
responsible for any statements, advice, opinions, or other content or materials
on Public Forums. You release us from all claims and demands of every kind and
nature, known and unknown, howsoever arising out of or in any way connected
with a dispute with another user of the Site.
5.
Interfacing Sites
– You acknowledge and agree that we have no responsibility for the
content (ÒLinked ContentÓ) hosted by unaffiliated websites (ÒInterfacing
SitesÓ) to which you or we may link from the Site, or otherwise display on the
Site via an application programming interface or other method.
We do
not host or store Linked Content.
The display of Linked Content or the provision of links to Interfacing
Sites does not constitute an endorsement by or association with us of such
Linked Content, Interfacing Sites, or products, advertising, or other materials
presented on such sites. You acknowledge and agree that we are not responsible
or liable, directly or indirectly, for any damage, loss, or cost caused or
alleged to be caused by or in connection with your use of or reliance on any
such content, goods, or services available on such Interfacing Sites, or for
any action taken by Interfacing Sites.
We
reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and
for any reason, including violation of these Conditions of Use or the
applicable terms of use on the Interfacing Site.
To
utilize some of the functionality of the Site you may be required to establish
an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are
not responsible for any username, password, or other information these sites
may collect. We also will never ask you to provide us with your password for
Interfacing Sites. If you are
unable to establish accounts on these Interfacing Sites for any reason, you may
not be able to fully utilize the functionality provided by the Site.
In
addition to these Conditions of Use, the Linked Content that is displayed on
our Site, including your rights relating thereto, are subject to the applicable
terms of use as set forth by the Interfacing Website.
6. Materials submitted by you
– Unless specifically requested, we do not solicit nor do we wish to
receive any confidential, secret,or proprietary
information or other material from you through the Site or any of its services,
by email or in any other way. Any information or material you submit that has
not expressly been requested by us will be deemed not to be confidential,
secret, or proprietary. You agree that any information or materials you submit
to the Site, whether ideas, creative concepts or other materials, in any format
(including, but not limited to, writings, images, illustrations, audio
recordings, and video recordings), may be used, reproduced and disclosed by us
without restriction for whatever purpose we deem fit and without payment of any
sum or acknowledgement of you as their source. You also warrant that any Òmoral
rightsÓ in posted materials have been irrevocably waived by the appropriate authors.
We shall have no liability for any loss
or damage suffered by you as a result of use or disclosure of such materials by
us to the extent permitted by law. This paragraph does not affect any
rights you may have under data privacy laws that protect your personal
information or similar privacy laws, to the extent that such rights cannot be
waived or excluded.
7.
Accounts
and Security - We may enable you to establish an account with a username
and password to access and use certain areas of the Site, Public Forums, and
other services. You may not create
an account unless you are of legal age to purchase alcohol in your country of
residence and in the country in which you are accessing the Site. You shall provide us with accurate
account information. You are responsible for maintaining the strict confidentiality of
your account password, and you are responsible for any activity using your
account and password. You agree to (a) immediately notify us of any
unauthorised use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. It
is your sole responsibility to control the dissemination and use of your
password, control access to and use of your account, and notify us when you
desire to cancel your account. We will not be responsible or liable for any
loss or damage arising from your failure to comply with this provision.
8.
No warranties - The
site is provided Òas is,Ó and your use thereof is at your own risk. We and our
officers, directors, employees, agents and assigns disclaim, to the fullest
extent permitted by law, any and all express and implied warranties, including,
without limitation, any warranties of merchantability, fitness for a particular
purpose, performance, title, and non-infringement. We do not warrant that the
site will be free from viruses, available, accessible, error-free,
uninterrupted, or that the contents will be accurate. Although we take
reasonable steps to secure the site, you acknowledge that the internet is not a
completely secure medium and we make no warranties, express or implied, that
any information or materials you post on or transmit through the site will be
safe from unauthorised access or use. If you are dissatisfied with the site,
your sole remedy is and shall be to discontinue using the site.
9.
Third
party goods and services – We do not vouch for those
persons, companies, and other organisations whose goods or services may be
accessed or displayed through or on the site.
10. Your responsibility
– You should always verify any information set forth on the Site with
independent authorities before acting or relying on it. It is your
responsibility to use virus-checking software on any material downloaded from
the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with personally
identifiable or other information relating to any third parties, you warrant
that you have received that third partyÕs consent for such disclosure and that
the third party has been informed of, and agrees to, our Privacy and Cookie
Notice and any uses we may make of such information.
11. No liability
– To the fullest
extent permitted by law we and our officers, directors, employees, agents and
assigns hereby disclaim any and all liability for any loss, cost or damage
(direct, indirect, consequential, or otherwise) suffered by you as a result of
your use of the site or from any computer virus transmitted through the site,
or other sites accessed from the site, regardless of whether such loss, cost or
damage arises from our negligence or otherwise, and regardless of whether we
are or have been expressly informed of the possibility of such loss or damage.
In no event shall our total liability to you for all damages, costs, losses and
causes of action in the aggregate (whether in contract, tort, including, but
not limited to, negligence, strict liability or product liability) arising from
your use of the site exceed, in the aggregate, $100.00 (us).
12. User
Information – In the course of your use of the Site, you may be
asked to provide personally identifiable information to us (such information
referred to hereinafter as ÒUser InformationÓ). Our information collection and
use policies with respect to such User Information are set forth in the Privacy
and Cookie Notice. You acknowledge and agree that you are solely
responsible for the accuracy and content of
the User Information.
13.
Indemnity
– You hereby indemnify us and our
officers, directors, agents, employees, and representatives against any loss,
damage, or cost arising out of your use of the Site, any of its services, or
any information accessible over or through the Site, including information
obtained from Interfacing Sites, your submission or transmission of information
or material on or through the Site or Interfacing Sites, or your violation of
these Conditions of Use, the terms of use of Interfacing Sites, or any other
laws, regulations, and rules. You also hereby indemnify us and our officers,
directors, agents, employees, and representatives against any claims that any
information or material you have submitted or will submit to us is in violation
of any law or in breach of any third party rights (including, but not limited
to, claims in respect of defamation, invasion of privacy, breach of confidence,
infringement of copyright, or infringement or violation of any other
intellectual property right). We reserve the right to exclusively defend and
control any claims arising from the above and any such indemnification matters,
and you hereby agree to cooperate fully with us in any such defenses.
14. Restriction, Suspension and Termination
– We may restrict, suspend, or terminate your access to the Site and/or
your ability to avail of any of the services on the Site, including interactive
services, at any time if we believe that you have breached these Conditions of
Use. Any such restriction, suspension, or termination will be without prejudice
to any rights that we may have against you in respect of your breach of these Condotions
of Use. We may also remove the Site as a whole or any sections or features of
the Site at any time. Please note that we have the ability to trace your IP
address and if necessary contact your internet service provider in the event of
a suspected breach of these Conditions of Use.
15. Entire Agreement
– These Conditions of Use, including our Privacy and Cookie Notice,
constitute the entire agreement between you and us in relation to its subject
matter and supersedes any and all prior promises, representations, agreements,
statements, and understandings of any sort whatsoever between us. To the extent
that software is available through the Site, such software may be subject to a
license agreement that is distributed or included with such software, and you
agree to abide by the Conditions of Use of any such license agreements. Our
failure to exercise or enforce any right or provision of the Conditions of Use
shall not constitute a waiver of such right or provision. If any provision of
the Conditions of Use is found by a court of competent jurisdiction to be
unenforceable or invalid, the parties nevertheless agree that the court should
endeavor to give effect to the partiesÕ intentions as reflected in that
provision, and the other provisions of the Conditions of Use shall remain in
full force and effect. We may, at our option, cede, assign, or otherwise
transfer any or all of our rights and obligations under the Conditions of Use
to any third party or parties at any time.
16. Copyright And IP Agent for the United
States – We respect the intellectual property rights of others,
and require that the people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright Agent named below:
Your
address, telephone number, and email address;
A description of the copyrighted work that
you claim has been infringed;
A
description of the alleged infringing activity and where the alleged infringing
material is located;
A
statement by you that you have a good faith belief that the disputed use is not
authorised by you, the copyright owner, its agent, or the law;
An electronic
or physical signature of the person authorised to act on behalf of the owner of
the copyright interest; and
A statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorised to act on the
copyright owner's behalf.
Copyright
Agent:
Norwalk
Office, Diageo North America, Inc, 801 Main Street Norwalk CT 06851, Tele
203-229-2100, Fax 203-845-5901, Email: copyright@diageo.com We may not be able to remove Linked Content
that is hosted by Interfacing Sites. You may need to contact the appropriate
Interfacing Site for removal of your work.
17. Export Controls - To the extent that software or
technical data is accessible through the Site, such software or technical data
may be subject to export, re-export, and/or import controls imposed by the
United States or any other jurisdiction, and may not be downloaded or otherwise
exported or re-exported in violation of the laws of any applicable jurisdiction
including, but not limited to: (a) into (or to a national or resident of) any
country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) anyone on
the U.S. Treasury Department's Specially Designated Nationals list, or (c) in
violation of the U.S. Commerce Department's Table of Denial Orders.
18. Law and Jurisdiction – These Conditions of Use, including the Privacy
and Cookie Notice and any matter relating to the Site, shall be governed by English
law without regard to its conflict of law rules. Any
legal proceeding arising out or relating to these Conditions of Use that is
against or relating to us or any indemnified party
will be subject to the exclusive jurisdiction of the courts of the United
Kingdom and you hereby irrevocably consent to the jurisdiction of such
courts.
9/26/2016
© 2016.
All rights reserved.
Version
9.5 dated 2016