20 December 2022
Theseterms refer to the Privacy and Cookie Policies (please find links below), whichalso apply to your use of our Site.
Please exit our Site immediately if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.
As partof our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (http://www.discus.org/) – the Distilled SpiritsCouncil for the United States and spirits EUROPE (http://spirits.eu) – 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.
2. ACCESSING OURSITE
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 may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards. We may also suspend, terminate or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam or cybersecurity or data breaches or if we are required to do so by law. We will not be liable if for any reason our Site is unavailable at any time or for any period.
Where youare given a username and account details as part of your registration, you mustkeep your username and any passwords confidential, and you must not disclose itto any third party. We will not be responsible or liable, directly orindirectly, in any way for any loss or damage of any kind incurred as a resultof, or in connection with any unauthorized use of your username and password bya third party. We have the right to disable any user identification code orpassword, whether chosen by you or allocated by us, at any time, if in ouropinion you have failed to comply with any of the provisions of these terms ofuse.
3. INTELLECTUALPROPERTY RIGHTS
All intellectual property and database rights, in our Site, and inthe materials published on it by us, including but not limited to trademarks,designs, logos, text, images, audio and video materials, look and feel andsoftware (including code, interface and website structure) (“Materials”) areowned by us, our subsidiaries, affiliates companies and/or any of our partners.The Materials are protected by intellectual property laws and treaties aroundthe world. All such rights are reserved. You may not remove any copyright orother proprietary notices from any Materials on our Site.
Except asprovided in these Terms and Conditions of Website Use, the use of this Sitedoes not grant you any rights, title, interest or license to any Materials youmay access on this Site. You are entitled to use the Materials on the Site forthe sole purpose of use of the Site, and you may not use the Materials for anyother purpose not connected with your enjoyment of the Site. You may print areasonable number of hard copies, and may download extracts, of any page(s)from our Site for your lawful, personal, non-commercial use.
You mustnot use any part of the Materials on our Site for commercial purposes unlessexpressly permitted by us and/or, where applicable, from the relevant Owner.
4. ACCEPTABLE USE
You may use our Site only for lawful purposes and we reserve theright, in our sole discretion, to terminate your use of the Site where you arein breach of these terms.
You arenot permitted to use the Materials outside of the Site, save that you may usethe recipes contained in the Site for your professional and domestic use as yousee fit. You may not use our Site:
5. USER GENERATEDCONTENT AND MODERATION
We may from time to time provide interactive services on our Sitewhich may include information and materials uploaded by other users of theSite, including, without limitation, comments and posts, chat rooms and forums,bulletin boards, social content, music mix rooms, image upload features,interactive drinks and recipe functionality and interactive club finder. Wherewe do provide any interactive service, we will provide clear information to youabout the kind of service offered, AND any additional terms that apply whichyou will need to agree to (e.g., Content Guidelines).
Unlessotherwise stated in these terms and conditions or any applicable additionalterms, we do not, and are under no obligation to: oversee, monitor or moderateany interactive service we provide on our Site, or any content uploaded byusers of the interactive services on our Site.
The viewsexpressed by other users on our Site do not represent our views or values andare not endorsed by us. We expressly exclude our liability for any loss ordamage arising from the use of any interactive service by a user incontravention of our Content Standards.
If a Sitepromotes or markets any Bacardi branded products or services, we reserve theright to moderate any user-generated content that is uploaded to such Site toensure that our Content Standards and/or Content Guidelines are being adheredto. We reserve the right to remove any user-generated content that we consider(in our sole discretion) contravenes our Content Standards.
If youwish to complain about content uploaded by other users, please contact us firstname.lastname@example.org
6. UPLOADINGMATERIAL TO OUR SITE
Where you submit your own content, images, photographs, recipes,videos, and any other materials (“Your Content”) to the Site, you hereby giveus, and our group companies and business partners, a non-exclusive licence todisplay Your Content on the Site, and to use Your Content for our own purposes(including for our own promotional purposes), and to allow other users to view,interact with, share and download Your Content. You acknowledge that given thenature of the Site, Your Content will be publicly visible and may be shared bythird parties, and that even if you delete Your Content from the Site, it maystill be visible to third parties who have already interacted with or sharedYour Content. You shall ensure that you have all relevant permissions, rightsand licenses to publish Your Content on the Site.
YourContent that you upload to our Site (including interactions with other users)must comply with our Content Standards. Any material you upload to our Sitewill be considered non-confidential and non-proprietary, and unless otherwiseagreed in writing between us, we have the right to use, copy, distribute anddisclose to third parties any such material in whole or in part for anypurpose. We also have the right to disclose your identity to any third partywho is claiming that any material posted or uploaded by you to our Siteconstitutes a violation of their intellectual property rights, or of theirright to privacy. You waive any moral rights in respect of any material youupload to our Site.
We will notbe responsible, or liable to any third party, for the content or accuracy ofany materials posted by you or any other user of our Site.
We havethe right to remove any material or posting you make on our Site if, in oursole opinion, such material does not comply with our Content Standards.
7. CONTENT STANDARDS
Any and all material which you contribute to our Site must complywith the spirit, as well as the letter, of the following content standards andour Content Guidelines where applicable. These standards apply to each part ofany contribution as well as to its whole.
Your contributions mustnot:
This list only serves toprovide examples and is not meant to be an exhaustive list.
8. CONTENTGUIDELINES FOR ALCOHOL RESPONSIBILITY
“Content” includes any contribution posted or made available byYou on our Site, including, but not limited to, cocktail names, recipes,comments, pictures, videos, and any other materials. Any, and all Content whichYou contribute to the Site must comply with these Content Guidelines.
Contentmust adhere to the following:
Content should not displayor condone:
Alcoholicproducts/cocktails – Please endorse responsible consumption of alcoholicproducts and cocktails, and:
This list only serves toprovide examples and is not meant to be an exhaustive list.
For moreon alcohol responsibility please visit http://www.responsibledrinking.org/ and http://www.responsibledrinking.eu/ orany official local alcohol responsibility site.
9. RELIANCE ONINFORMATION POSTED
Commentary and other materials posted on our Site are not intendedto amount to advice on which reliance should be placed. We therefore disclaimall liability and responsibility arising from any reliance placed on suchmaterials by any visitor to our Site, or by anyone who may be informed of anyof its contents. We may help connect users offering their services (such as bartending, service staff, mixology services) (“User Services”) with other usersseeking to use such User Services. We do not vet or scrutinize any contentoffering User Services. You acknowledge that we do not supervise or monitor ormoderate users offering User Services, and that we do not offer User Services.You agree that we are not liable or responsible in any way for User Servicesand that we do not endorse or recommend any particular User Services. Nothingin our relationship or these terms shall create any employment, agency, jointventure, partnership or other relationship between you and Bacardi-Martini B.V.We accept no responsibility for any liability arising in relation to the offeror receipt of any User Services and it is your responsibility to enter intocontracts with other users as necessary to regulate such User Services.
Youconfirm that have all licenses, qualifications and experience necessary tooffer any User Services advertised or offered by you.
We mayhelp you register or attend events organized by other members and connect withother members at such events. You agree that we are not responsible for suchevents, nor are we responsible for the conduct of other attendees at suchevents.
10. OUR LIABILITY
The material displayed on our Site is provided “as is” and withoutany guarantees, conditions or warranties as to its accuracy, to the extentpermitted by law, we and all other members of our Group of Companies and ouraffiliates (“Our Group”) hereby expressly exclude and disclaim:
Because some jurisdictionsdo not allow the exclusion or limitation of liability or damages, Our Group’sliability in such jurisdictions shall be limited to the fullest extentpermitted by law.
Nothingin these terms affects or limits your statutory rights as a consumer.
11. INFORMATIONABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
12. MALICIOUS CODE,HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing anymalicious code. You must not attempt to gain unauthorized access to our Site,the server on which our Site is stored, or any server, computer or databaseconnected to our Site. You must not attack our Site via a denial-of-serviceattack or a distributed denial-of service attack.
We willnot be liable for any loss or damage caused by a distributed denial-of-serviceattack or Malicious Code that may infect your computer equipment, computerprograms, data or other proprietary material due to your use of our Site or toyour downloading of any material posted on it, or on any website linked to it.
13. LINKING TO OURSITE
Unless otherwise authorized in writing by us, you may not suggestany form of association, approval or endorsement of any website on our part. Ifyou 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 CEO as specified insection 20 of the present Terms and Conditions of Website Use.
14. LINKS FROM OURSITE
Where our Site contains links to other sites and resourcesprovided 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 noresponsibility for them or for any loss or damage that may arise from your useof them.
You will indemnify Our Group against any loss, damage or costincurred by us arising out of your use of our Site, any User Services providedby you or accessible to you via the Site, any breach of these terms andconditions by you, or your violation of any other laws, regulations and rules.You will also indemnify us against any claims that information or materialwhich you have submitted to us is in violation of any law or in breach of anythird-party rights (including, but not limited to, claims in respect ofdefamation, invasion of privacy, breach of confidence and infringement of anyintellectual property right). We reserve the right exclusively to defend andcontrol any claims arising from the above and you will fully cooperate with usin any such defenses.
16. ENTIRE AGREEMENT
17. JURISDICTION ANDAPPLICABLE LAW
Details of our internal complaint-handling system can be foundhere:
19. TRANSFERRINGTHIS AGREEMENT
We may transfer our rights and obligations under these terms toanother organization. We will always tell you in writing if this happens and wewill ensure that the transfer will not affect your rights under the contract.
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