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TERMS AND CONDITIONS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website (“the Website”). Please read these termsof use carefully before you start to use the Website.

The Website is maintained by Licores Ibiza SL (“we” or “us”) only for the personal use of persons who are lawfully permitted to consume alcoholic beverages in countries and other territories where the consumption of alcoholic beverages is lawful. By using the Website, you indicate that you are such a person, that you accept these terms of use and that you agree to abide by them.

Please exit the Website immediately if you do not accept these terms of use, are not of a legal age for consuming alcoholic
beverages in the country or other territory in which you are located, or are accessing the Website in a country or other territory where use of the Website is not permitted.

 

ACCESSING THE WEBSITE

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw, amend, suspend or terminate indefinitely the service we provide on the Website without notice. We will not be liable if for any reason the Website is
unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these terms, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of a
registration scheme or a security procedure, you must treat such information as confidential, and you must not disclose it to any third party. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. From time to time, we may restrict access to some parts of the
Website, or our entire site, to users who have registered with us.

 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property and database rights, in the Website, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on the Website.

We reserve the right to copy protect any of the Materials on the Website. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site Provided that you are located in a country or other territory where the consumption of alcoholic beverages is permitted AND you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from the Website for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of the Website or the Materials on the Website is prohibited and may breach intellectual property laws and other laws worldwide.

The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials on the Website must always be acknowledged.

You must not use any part of the Materials on the Website for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

 

ACCEPTABLE USE

You may use the Website only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use the Website:


In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content
standards below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

 

INTERACTIVE SERVICES

We may from time to time provide interactive services on the Website including, without limitation, chat rooms and forums, bulletin boards and image upload features. Where we do provide any interactive service, we will provide clear information to
you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human
or technical).

We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

UPLOADING MATERIAL TO THE WEBSITE

Any material you upload to the Website will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to the Website.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

We have the right to remove any material or posting you make on the Website if, in our sole opinion, such material does not comply with the content standards below.

 

CONTENT STANDARDS

Any and all material which you contribute to the Website must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:


Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK, the US and in any country from which they are posted.


Your contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Contain sexually explicit material.
Harm, or attempt to harm, minors in any way.
Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
Be targeted at an under legal drinking age audience.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or other proprietary right of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal or immoral activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of the Website.

 

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the
Website, or by anyone who may be informed of any of its contents.

 

THE WEBSITE CHANGES REGULARLY

We aim to update the Website regularly, and may change the content at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

OUR LIABILITY

THE MATERIAL DISPLAYED ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY GUARANTEES,
CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE HEREBY
EXPRESSLY EXCLUDE:

ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE
USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT
LIMITATION ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR
CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED
BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR DAMAGES, THE BACARDI GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

 

MALICIOUS CODE, HACKING AND OTHER OFFENCES

You must not misuse the Website by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

 

LINKING TO THE WEBSITE

You must not establish a link from any website to any page in the Website or frame the Website on any other site. Unless
otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website
on our part.

If you wish to make any use of Material on the Website other than that set out above, please address your request to: webmaster@fincaxu.com.

 

LINKING FROM THE WEBSITE

Where our Site contains links to other sites and resources provided 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 no responsibility for them or for any loss or damage that may arise from your use of them.

 

INDEMNITY

You will indemnify us and any Group company against any loss, damage or cost incurred by us arising out of your use of the
Website, any of its services or any information accessible over or through the Website, including information obtained from linked sites, our submission or transmission of information or material on or through the Website or your violation of these terms of use or any other laws, regulations and rules. You will also indemnify us 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 and infringement of any intellectual property right). We
reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in
any such defences.

 

ENTIRE AGREEMENT

These terms of use, including our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Site. To the extent that software or other downloadable technology is expressly made available to you 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. If any provision of these terms of use is found by a court of competent
jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’
intentions as reflected in the provision, and the other provisions shall remain in full force and effect.

 

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country and (ii) these Terms and Conditions are governed by English law.

 

VARIATIONS

We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of the
Terms and Conditions will apply. Accordingly, when you use the Site, you should check the date of the Terms and Conditions (which appears at the top right hand corner) and review any changes since the last version. Some of the provisions contained
in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.

 

YOUR CONCERNS

If you have any concerns about material which appears on the Website, please contact us by e-mail : webmaster@fincaxu.com.