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WEBSITE
TERMS & CONDITIONS OF USE
Any use by you of the website operated by Diageo Ireland at www.Guinnessjazzfestival.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. See box below for a summary of updates.
Your continued use of the Site will be deemed acceptance of these Terms
& Conditions, including our Privacy Statement.
The Site is operated by a member of the Diageo group of companies, the
ultimate holding company of which is Diageo plc (registered in England
and Wales with company number 23307 and registered address at 8 Henrietta
Place, London W1G 0NB, United Kingdom).
The 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, affiliates and associates.
1. 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 the 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.
2. Intellectual Property – We are the owner and/or
authorised user of all trademarks, 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.
3. Copying – You may view the 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 worldwide. 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.
4. Terms of Use and Acceptable Usage Policy Relating To Message
Boards
The Site may contain discussion groups, news groups, bulletin boards,
chat rooms and other interactive services (collectively, “Message
Boards”). We may or may not actively monitor use of, or content
or materials posted on, our Message Boards. Similarly, we may or may not
exercise editorial control over the content of any Message Board. As a
result, you may be exposed to content on our Message Boards that is inaccurate,
fraudulent or deceptive or 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 our Message Boards:
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 Message 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, privacy, publicity 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 and 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 alcoholic 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 exhaustive
list of the type of unacceptable uses of the Message Boards that may result
in the restriction, suspension or termination of your use of the Message
Boards or of our 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 Postings. 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 the Site.
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 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 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.
5. NO WARRANTIES – THE 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, AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE.
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 UNAUTHORISED ACCESS OR USE. IF YOU
ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING
THE SITE.
6.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.
7. YOUR RESPONSIBILITY – You should always verify
the information set out in the Site with independent authorities before
acting or relying on it. It is your responsibility to use virus-checking
software on any material downloaded from the 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 that we
may make of such information.
8. 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 THE 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
(EU).
9. 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 the 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.
10. 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.
11. Links from and to the Site – You acknowledge
and agree that we have no responsibility for the information provided
by websites to which you may link from the 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 the Site or its pages without our prior
written consent.
12. 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 that 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.
13. 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 that 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.
14. 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 endeavor 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.
15. 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:
IP Counsel, Telephone No: 203-229-2100, Facsimile No: 203-229-8925, Email:
copyright@diageo.com.
16. Law and Jurisdiction – These Terms & Conditions,
including the Privacy Statement and any matter relating to the Site, shall
be governed by Connecticut law. To the extent that software is accessible
through the 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.
UPDATE SUMMARY
Changes from previous version:
8th Feb 2006
Section 4 Modified – Terms of use and Acceptable usage policy relating
to Message Boards
Section 16 modified – Law and Jurisdiction18th Aug 2006
Section 15 Modified Address of Copyright Agent.
2nd Jan 2007
Added company registration details as required by European Company Law
©
2007 Diageo Ireland, St.James's Gate, Dublin 8, Ireland.
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