Effective Date: 28/01/2013
The sites are operated by Alexander & James B.V (an affiliate company of Diageo plc companies), a company registered in the Netherlands at the Chamber of Commerce for Amsterdam under company number 34284379 and with our registered office, and main trading office, at Molenwerf 10-12, 1014 BG, Amsterdam, The Netherlands. Alexander & James B.V. uses the Alexander & James word and associated logos under license from Diageo Brands B.V
The sites are intended for you to use only if you’re of legal age to buy alcohol in the country where you live or access the site. If you’re under age, you may be in breach of local laws or regulations and should leave the site immediately. You can restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system).
RESTRICTIONS ON USE
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 below) (collectively “public forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“postings”). We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on public forums. You may be exposed to content on public forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. You use public forums 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 you’ve misused them.
The following examples constitute misuse of the sites:
- Using the sites for any improper, unlawful or immoral purpose
- Causing any nuisance by using the sites or causing the operation of the sites to be jeopardised or impaired
- Using the sites to create, host or transmit (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
- Using the sites to harm or attempt to harm minors in any way
- Using the sites 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 sites 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
- Using the sites to create, host or transmit unsolicited advertising material to other users
- Using the sites to create, host or transmit any material that harasses another
- Using the sites 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
- 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 sites to access, or 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 systems or telecommunications systems
- Using the sites 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 sites 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 intellectual property provided by us, our contractors or our licencees without our prior written consent, or impersonating any person or entity or using a false name that you’re not authorised to use
- Encouraging, condoning or glamorising underage drinking, drunk-driving or excessive consumption of alcohol
- Disclosing any personally identifiable information about yourself or any other party (e.g. phone number, address or any information from which someone’s identity or contact information can be derived)
This is not an exhaustive list. It only serves to give examples of the type of unacceptable uses of the sites 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, you hereby agree to comply with all local rules regarding online conduct and acceptable content. You 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 anyone else in any postings. We reserve the right, but not the obligation, to remove postings that contain personally identifiable information. We will 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 party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights to them, 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 for any editorial, commercial, non-commercial, promotional or other purpose.
We are not responsible for maintaining your postings and 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 the participants only. We will 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, however they arise from or are in any way connected with a dispute with another user of the site.
You acknowledge and agree that we have no responsibility for the content (“linked content”) hosted by unaffiliated websites (“interfacing sites”) to which you or we may link from the sites, or otherwise display on the sites through 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 the 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 content, goods or services available on interfacing sites, or for any action taken by interfacing sites.
MATERIALS SUBMITTED BY YOU
Unless specifically requested, we don’t solicit or wish to receive any confidential, secret or proprietary information or other material from you through the sites or any of its services, by email or in any other way. Any information or material you submit that’s not expressly been requested by us will be deemed not to be confidential, secret or proprietary. You agree that any information or material you submit to the sites, 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 see 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 WILL 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.
ACCOUNTS AND SECURITY
We may enable you to set up an account with a username and password to access and use certain areas of the sites, public forums and other services. You may not create an account unless you’re of legal age to buy alcohol in the country where you live or access the sites. You will give us accurate account information. You are responsible for maintaining the strict confidentiality of your account password and for any activity using your account and password. You agree to (a) immediately tell 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 tell us when you want to cancel your account. We won’t be responsible or liable for any loss or damage arising from your failure to comply with this provision.
THE SITES ARE PROVIDED “AS IS” AND YOUR USE OF IT 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, TERMS, AND CONDITIONS. WE DO NOT WARRANT THAT THE SITES WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE OR UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITES, 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 SITES WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO STOP USING THEM.
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, OR INABILITY TO USE, THE SITE OR OTHER SITES ACCESSED FROM THE SITE, ANY MATERIALS POSTED ON THE SITE OR OTHER SITES ACCESSED FROM THE SITE OR FROM ANY COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL 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. THIS PARAGRAPH DOES NOT AFFECT OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
You also agree to compensate us and our officers, directors, agents, employees and representatives in full for any loss, damage or cost resulting from 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 you agree to cooperate fully with us in any such defences.
RESTRICTION, SUSPENSION AND TERMINATION
COPYRIGHT AND IP AGENT FOR THE US
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, phone 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 believe in good faith 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 • 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
Diageo North America Inc, 801 Main Avenue, Norwalk, CT 06851 Attention: Evan Gourvitz, Sr. Counsel Litigation, Intellectual Property Phone: 01 203 229 4264 Fax: 203 229 8925 Email: firstname.lastname@example.org We may not be able to remove linked content that’s hosted by interfacing sites. You may need to ask the appropriate interfacing site to remove your work.
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 US 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 US has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the US Treasury Department's Specially Designated Nationals list; or (c) in violation of the US Commerce Department's Table of Denial Orders.
LAW AND JURISDICTION
Description of substantive revisions from prior version: None as at 28/01/2013 © 2012 Alexander & James B.V. Molenwerf 10-12, 1014BG Amsterdam, The Netherlands (registered in the Netherlands with registered number 34284379). All rights reserved. Version 1 dated 8th January 2013