TERMS AND CONDITIONS
AGE REQUIREMENT FOR USE OF SITE
2. To access or otherwise use the Site (i) you must be of legal purchase age or older in the jurisdiction in which you reside or the jurisdiction from where you are accessing the Site (whichever applies); and (ii) the sale, consumption and advertising of alcohol must be permitted in that jurisdiction. Persons under such legal purchase age or who reside in a jurisdiction where the sale, consumption and/or advertising of alcohol is not permitted, should not use the Site in any way.
SOCIAL MEDIA PLATFORMS AND OTHER LINKS FROM AND TO THE SITE
4. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with the Operator of such sites or the content, products, advertising or other materials presented on such sites. The Operator does not author, edit, or monitor these Linked Sites. You acknowledge and agree that the Operator is not responsible or liable, directly or indirectly, for any damage or loss 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.
SERVICES AVAILABLE ON THE SITE
6. We do not solicit nor do we wish to receive any confidential or secret information or material from you through the Site, through any of the Services, by email or in any other way. Any information or material submitted by you will be deemed not to be confidential or secret.
7. Visitors are solely responsible for any information or materials submitted by you through the Site, whether names, personal information, photographs, films, stories, music, ideas, creative concepts, other materials, information or data of any kind and in any format and other content you post on and through the Site (“User Information”).
8. By submitting User Information to the Site you represent and warrant that the User Information is original to you and that no other party has any rights to it or that you have obtained all required consents and permits to enable you to submit the User Information to the Site and for it to appear on the Site. Visitors agree that the User Information will not include content which infringes upon the rights of any third party including, without limitation, intellectual property rights, privacy, publicity or other personal or proprietary right; content that is deceptive or fraudulent; content that is unlawful; content which promotes the excessive or irresponsible consumption of alcohol; content that is or could reasonably be considered to be hateful, defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic or that incites violence or contains nudity or graphic or gratuitous violence or depicts any illegal activity; or content that references ammunition and/or firearms or the sale of tobacco products. Visitors fully indemnify us for breach of these warranties and guarantees.
9. If you have submitted User Information to us, we reserve the right to delay publication of User Information to the Site at all times for the purposes of our approval processes. We further reserve the right to remove any User Information or any other content from the Site at any time for any reason. Due to our commitment to promoting a message of responsible drinking, we require our users to be sensible, responsible and considerate when interacting with this Site. We will monitor User Information and ensure that it complies with our Corporate Social Responsibility policies. We do not allow any User Information which:
(a) features someone who is or appears to be under the legal drinking age or is made by someone under the legal drinking age;
(b) features any people, shown in pictures or videos which are associated with the act of drinking alcohol, who are not, or who do not look, over 25 years old (NB. those aged between the legal drinking age in your country of residence and 24 years old may be shown provided it is not within a context which associates them with drinking, i.e. there is no suggestion that they have just consumed, are consuming or are about to consume alcohol);
(c) encourages underage purchase or drinking of alcoholic beverages;
(d) encourages illegal, irresponsible or immoderate drinking;
(e) promotes over-consumption;
(f) condemns or criticises in any way anyone who chooses not to drink alcohol
(g) portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging in any kind of dangerous activity;
(h) implies alcoholic beverages have any physical, psychological or intellectual benefits;
(i) implies alcoholic beverages gives bravado, confidence or helps to overcome individual or social problems;
(j) implies alcoholic beverages consumption contributes to any kind of success (for instance in the field of personal relationships, social success, popularity, work, sports or suggest that it can enhance mental or physical performance);
(k) glorifies the alcohol strength, relatively high alcohol content or intoxicating effect of a drink;
(l) mentions drinking alcohol in relation to any kind of illegal, antisocial, dangerous, aggressive or violent behaviour.
10. By submitting or sending User Information to the Site or to the Operator, you grant the Operator the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been irrevocably waived in favour of the Operator.
11. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the public portions of the Site (e.g., comments, chat, bulletin boards), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Visitors to and users of the Site are encouraged to exercise caution when providing personal information.
12. If you use the Site for music downloads or other purchase promotions where you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right, at our sole discretion, to disable any user identification code or password, whether chosen by you or allocated by us, at any time. Any music downloads or streams are for your own personal, non-commercial use. You agree that you shall not:
(a) copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the music downloads or streams or any part of them in a manner not expressly permitted under these terms and conditions;
(b) sell or attempt to sell any invite to access the music downloads, or resell any code used to access the music downloads Service;
(c) provide your personal identification code or use any other person’s personal identification code;
(d) reverse-engineer, decompile, disassemble, modify or create derivative works based on the music downloads, music streams or any part thereof;
(e) circumvent any technology used by us, our licensors, or any third party to protect content accessible through the Site.
In addition to the above, you agree to use best endeavours to prevent unauthorised use of the music downloads and streams.
13. To the extent permitted by law, we shall have no liability for any loss or damage suffered by you as a result of the use or disclosure of any of the User Information. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information.
15. We do not grant any licence or other authorisation to any user of our trade marks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
20. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorised access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under applicable copyright laws.
21. We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
22. You agree to defend, indemnify and hold the Operator, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials or through the Site by you.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
25. We control and operate the Site from our offices in the United Kingdom. In all matters relating to the Site and these Terms and Conditions, the applicable law shall be the law of England and Wales. All viewers and users of the Site agree to submit to the exclusive jurisdiction of the English Courts.
26. The laws of England and Wales are applicable when using the Site. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MODIFICATIONS TO THE SITE
COPYRIGHT ACT AGENT
Copyright Agent: _____________________
Site Administrators: email@example.com