Any use by you of the website operated by Guinness & Co.
at www.guinness.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. 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 trade marks, 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 license 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 world-wide. 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.
-
Acceptable Usage Policy
This Site may contain discussion groups, bulletin boards, chat rooms and other
interactive services. We do not actively monitor use of our discussion groups,
bulletin boards or chat rooms. Similarly, we do not exercise editorial control
over the content of any third party sites, electronic mail transmission, text
message, news group, bulletin board, chat room or other material created or
accessible over or through the Site. As a result, you may be exposed to content
on the Site or on sites accessible over or through the Site that you find
offensive or objectionable. Your use of Message Boards is at your own risk.
However, we reserve the right, but are not obliged, to monitor our
Message Boards and to remove or alter any content which we consider, in our
sole discretion, constitutes a misuse of these rules. We 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 the interactive services:
-
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 live chat room, on
a bulletin 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 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 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 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 alcohol 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 exclusive
list of the type of misuses of the interactive services that may result in the
restriction, suspension or termination of your access to the 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.
Any content, information or material posted to a Message Board ("Postings") 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 Message Boards 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 posting. 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 Message Boards.
You represent and warrant 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 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.
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. You release us from
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 this
Website.
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. 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.
REPUBLIC OF IRELAND CONSUMERS, PLEASE NOTE THAT THE EXCLUSION OF RIGHTS UNDER
SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 IS SUBJECT TO
THE PROVISIONS OF SECTION 40 OF THAT ACT.
-
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, $100.00 (US).
-
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 defenses.
-
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 license agreement
that is distributed or included with such software and you agree to abide by
the terms and conditions of any such license 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., 801 Main Avenue, Norwalk, CT 06851.
Attn: Elliot R. Basner, Esq. Telephone No: 203-229-2100 Facsimile No:
203-229-8925.
-
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 or which is subject to relevant export
restrictions; (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.
© 2006 Guinness & Co. Park Royal, London, NW10 7RR.All
rights reserved.
Version 7.0. dated 26th May 2006.