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TERMS AND CONDITIONS
Any use by you of the website operated by Diageo BV at www.kiesjouwmix.com / www.monmixfavori.com
(the "Site") is conditional upon your acceptance of these Terms & Conditions, including
our Privacy Statement. We reserve the right to amend these Terms & Conditions from
time to time without notice and at our discretion. It is your responsibility periodically
to review this page for updates to these Terms & Conditions, which shall come into
effect once posted. See box below for a summary of updates. Your continued use of
the Site will be deemed acceptance of these Terms & Conditions, including our Privacy
Statement.
This Site is intended for use by you 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 in your country of access and you should
leave the Site immediately.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we' or 'company' within this policy and within the
opt-in notice are deemed to refer to Diageo plc, its subsidiaries and associates.
- Rights - All rights in all material and content (including, but not limited to,
text, images, web pages, sound, software (including, code, interface and website
structure) and video, and the look and feel, design and compilation thereof) at
this Site are owned by us or our licensors. You agree that you are permitted to
use this material and/or content only as set out in these Terms & Conditions or
as otherwise expressly authorised in writing by us or our licensors, and that you
may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially
exploit, adapt, translate, modify, bundle, merge, share or make available to any
person, or create derivative works of such material or content.
- Intellectual Property - We are the owner and/or authorised user of all trademarks,
service marks, design marks, patents, copyrights, database rights and all other
intellectual property appearing on or contained within the Site, unless otherwise
indicated. Except as provided in these Terms & Conditions, use of the Site does
not grant you any right, title, interest or licence to any such intellectual property
you may access on the Site. Except as provided in these Terms & Conditions, any
use or reproduction of the intellectual property is prohibited.
- Copying - You may view this Site and you are welcome to print hard copies of material
on it solely for your lawful, personal, non-commercial use. All other copying, whether
in electronic, hard copy or other format, is prohibited and may breach intellectual
property laws and other laws worldwide. Furthermore, you are not entitled to reproduce,
transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge,
share or make available to any person, or create derivative works of such material,
or use it for commercial purposes, without our prior written consent. All other
rights are reserved.
- Terms of Use and Acceptable Usage Policy Relating To Message Boards
-
This Site may contain discussion groups, news groups, bulletin boards, chat rooms
and other interactive services (collectively, "Message Boards"). We may or may not
actively monitor use of, or content or materials posted on, our Message Boards.
Similarly, we may or may not exercise editorial control over the content of any
Message Board. As a result, you may be exposed to content on our Message Boards
that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable.
Your use of Message Boards is at your own risk.
However, we reserve the right, but not the obligation, to monitor our Message Boards
and to remove or alter any content, which, in our sole discretion, constitutes a
misuse thereof of these, and may restrict, suspend or terminate your use of these
services or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of our Message Boards:
- using the services for any improper, unlawful or immoral purpose, causing any nuisance
by your use of the services or causing the operation of the services to be jeopardised
or impaired;
- using the services to create, host or transmit (whether in a Message Board 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;
- using the services to harm, or attempt to harm, minors in any way;
- using the services 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;
- using the services to create, host or transmit material which infringes the copyright,
trademark, patent, trade secret, privacy, publicity or other intellectual property
or proprietary rights of any other party;
- using the services to create, host or transmit unsolicited advertising material
to other users;
- using the services to create, host or transmit any material that harasses another;
- using the services to make false, misleading, deceptive or fraudulent offers to
sell or buy products, items or services or to send chain letters or pyramid schemes
and the like;
- 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;
- using the services to access, or to attempt to access, the accounts of others or
to penetrate, or attempt to penetrate, our or a third party's security measures,
computer software, hardware, electronic communication system, or telecommunications
systems;
- using the services to collect, or attempt to collect, personal information about
third parties without their knowledge or consent or to engage in screen scraping,
database scraping or any other activity with the purpose of obtaining lists of users
or other data;
- using the services 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;
- reselling, repurposing or redistributing any services 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;
- encouraging, condoning or glamorising under-age drinking, drunk-driving or excessive
consumption of alcoholic beverages; disclosing any personally identifiable information
about yourself or any other party (e.g. telephone number, geographic address or
any other information from which an individual's identity or contact information
can be derived).
This list only serves to provide examples and is not meant to be an exhaustive list
of the type of unacceptable uses of the Message Boards that may result in the restriction,
suspension or termination of your use of the Message Boards or of our Site. Due
to the global nature of the internet, users hereby agree to comply with all local
rules regarding on-line conduct and acceptable content. Users also agree to comply
with any applicable rules regarding the export of any data from any country.
You represent and warrant that your that your Postings are original to you, are
not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise
unlawful, that no other party has any rights thereto, and that any 'moral rights'
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 licence 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.
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 MESSAGE BOARDS ARE NOT ENDORSED
BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION
PROVIDED BY OTHER USERS ON OR THROUGH MESSAGE BOARDS. The opinions expressed in
Message Boards 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 Message Boards.
We may enable you to establish an account with a username and password to access
and use the Message Boards. If so, you are responsible for maintaining the strict
confidentiality of your account password, and you are responsible for any activity
under your account and password. You agree to (a) immediately notify us of any unauthorized
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.
- NO WARRANTIES - THIS SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN
RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE
FROM VIRUSES, AVAILABLE 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
UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SITE.
- 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.
- Your responsibility - You should always verify the information set out in this Site
with independent authorities before acting or relying on it. It is your responsibility
to use virus checking software on any material downloaded from this Site and to
ensure the compatibility of such software with your equipment. In circumstances
where you provide us with information relating to any third parties, you warrant
that you have received that third party's consent in relation to such disclosure
and that the third party has been informed of, and agrees to, our Privacy Statement
and the uses which we may make of such information.
- NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM 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 THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES
FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE 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, OR OTHERWISE) ARISING FROM THE TERMS AND
CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE,
£56.00.
- 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, any of its services, by email, or in any other
way. Any information or material submitted by you, and which has not been specifically
requested by us, will be deemed not to be confidential, secret or proprietary. You
agree that any information or materials submitted by you to this Site, whether ideas,
creative concepts or other materials, 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 'moral
rights' 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 excluded.
- User Information - In the course of your use of the Site, you may be asked to provide
personal information to us (such information referred to hereinafter as "User Information").
Our information collection and use policies with respect to such User Information
are set forth in the Site Privacy Statement, which Privacy Statement is incorporated
into these Terms & Conditions by reference. You acknowledge and agree that you are
solely responsible for the accuracy and content of the User Information.
- Links from and to the Site - You acknowledge and agree that we have no responsibility
for the information provided by Web sites to which you may link from this Site ("Linked
Sites"). Links to Linked Sites do not constitute an endorsement by or association
with us of such sites or the content, products, advertising or other materials presented
on such sites. We have no control over these Linked Sites and do not edit or monitor
them. 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 use of or reliance on any such content, goods or services available
on such Linked Sites. No website may be linked to this website or its pages without
our prior written consent.
- Indemnity - You will indemnify us against any loss, damage or cost incurred by us
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 linked sites, your
submission or transmission of information or material on or through the Site or
your violation of these Terms & Conditions or any other laws, regulations and rules.
You will also indemnify against any claims that information or material which you
have submitted 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 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
that you will fully cooperate with us in any such defences
.
- 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, if we believe that you have breached these
Terms & Conditions at any time. Any such restriction, suspension or termination
will be without prejudice to any rights which we may have against you in respect
of your breach of these Terms & Conditions. 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 ISP in the event
of a suspected breach of these Terms & Conditions.
- Entire Agreement - These Terms & Conditions, including our Privacy Statement, constitutes
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
whatsoever between us. To the extent that software is available through the Site,
such software may be subject to a licence agreement that is distributed or included
with such software and you agree to abide by the terms and conditions of any such
licence agreements. The failure by us to exercise or enforce any right or provision
of the Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms & Conditions is found by a court of competent jurisdiction
to be unenforceable or invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms & Conditions shall remain in full force and
effect. We may cede assign or otherwise transfer our rights and obligations in terms
of these standard terms and conditions to third parties.
- 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: Diageo North America, Inc., Six Landmark Square, Stamford, CT 06901.
Attn: Elliot R. Basner, Esq. Telephone No: 203-359-7100. Facsimile No: 203-359-7192.
- Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement
and any matter relating to this Site, shall be governed by English law. To the extent
that software is accessible through this site, such software 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: (a) into (or to
a national or resident of ) any country to which the U.S. has placed an embargo,
including without limitation, Cuba, Iran, Iraq, Libya, North Korea or Syria; (b)
to 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. If
you download or use the software, you represent and warrant that you are not located
in, or under the control of, or a national or one any such country or on any such
list. SMIRNOFF, J&B, GORDON’S, CAPTAIN MORGAN, and associated logos are trade marks
Diageo Brands B.V., Molenwerf 10, 1014 BG Amsterdam, The Netherlands 2006. All rights
reserved.
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