TERMS AND CONDITIONS
Material from GIVEN Importing Company Ltd. web site http:www.givenspirits.com, which shall include, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all the content thereon (the “Site”) as provided by GIVEN Importing Company Ltd., (“GIVEN Importing Co. Ltd” or “We”); is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the copyright owner. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site.
All trademarks, service marks and logos used in this Site are the property of GIVEN Importing Co. Ltd or its affiliated companies (The Company) unless otherwise indicated.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
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.
We are not liable for any damages, harm, or injury that relate to, arises out of or result from the use of, or access to, or the inability to use, any of the material on this Site. The materials on this Site are proved “As Is” and without warranties of any kind, express or implied.
Validation of Age Requirement for Use of Site: This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise use the Site and related services. Persons under legal purchase age are prohibited from using the Site or such services in any way. Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please refrain from visiting the Site. If We receive notice, or reasonably believe, that someone under legal purchasing age has provided us with personal information, We will make reasonable efforts to remove such personal information from our database.
Services Available on the Site. GIVEN Importing Co. Ltd. may make certain services available to visitors of the Site. For example, you may be able to chat with other visitors via the Forum, post comments on a bulletin board, enter a sweepstakes, download a screensaver or other software or send branded post cards or party invitations to friends (the “Services”). Site visitors are solely responsible for any user information and other content they post on and through the Site. 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., chat, bulletin boards, post cards, invitations), 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 about themselves. By accessing this Site, you, the user agree to release and discharge GIVEN Importing Co. Ltd, its affiliates, owners and creators of this Site from any and all liability which may arise from your use of the site.
GIVEN Importing Co. Ltd. shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
User Conduct. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, harassing, deceptive, profane, tortuous, threatening, defamatory, obscene, libelous, fraudulent, vulgar or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. 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 unauthorized 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 U.S. copyright laws.
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.
You agree to defend, indemnify and hold GIVEN Importing Co. Ltd., its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
Limitation of Liability. IN NO EVENT SHALL GIVEN IMPORTING CO. LTD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED to the use of, or the inability to use, the Site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if GIVEN Importing Co. Ltd. or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall GIVEN Importing Co. Ltd. be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site. In no event shall the total liability of GIVEN Importing Co. Ltd. to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Site exceed, in the aggregate ($1.00) U.S. dollar.
Links from and to the Site. You acknowledge and agree that We have no responsibility for the accuracy or availability of information provided by web sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with GIVEN Importing Co. Ltd. of such sites or the content, products, advertising or other materials presented on such sites. GIVEN Importing Co. Ltd. does not author, edit, or monitor these Linked Sites. You acknowledge and agree that GIVEN Importing Co. Ltd. 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.
Applicable Laws. We control and operate this Site from our offices in the United States of America. 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.
Miscellaneous. The Terms and Conditions and the relationship between you and GIVEN Importing Co. Ltd shall be governed by the laws of the Dublin, Ireland, without regard to its conflict of law provisions. You and GIVEN Importing Co. Ltd agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the Dublin, Ireland. You and GIVEN Importing Co. Ltd each agree to submit to the personal and exclusive jurisdiction of the courts located within Dublin, Ireland. The failure of GIVEN Importing Co. Ltd to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be 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 and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Company is committed to protecting your personal privacy. We provide this notice to explain the type of information we collect on the www.givenspiqueur.com Web site and how that information is used.
When visiting our Site, We may ask you questions on an aggregate basis (We do not identify you personally with the information) and such questions will be identified on the Site. In all other instances, you should assume that We will track any information you provide on a personally identifiable basis.
When you register with our Web site, you can elect to receive information and updates on our products and services. Information will not be used for this purpose unless you request to receive such material.
Registration may be required to be eligible to enter online contests sweepstakes. The Company may use the information you provide when registering to fulfill prizes.
We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose.
In addition to information that you provide us voluntarily, The Company may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that “serve up” Web pages, automatically identify your computer by its IP address. When you request a page from this Web site, our servers log your IP address. We do not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us.
We may use information collected from you in the following ways:
We may use information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites. We may also share non-personal information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any personally identifiable information about you.
We may use your personal information in order to respond to your queries and requests and to manage transactions such as credit card payments for any goods that you order from us or any of our agents, or for the fulfillment of such transactions (e.g. delivery). The personal information you provide may be used by an authorized vendor to fulfill that order. We may also use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses.
We may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this privacy statement. We will obtain your permission before we send you any such communications.
Information that you post on or through the public areas of our websites (e.g., chat rooms, bulletin boards and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of our sites are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
We may transfer your personal information to third parties under confidentiality obligations when the performance of any service in relation to the activities above is sub-contracted (e.g. the administration of a marketing campaign).
We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our websites.
We take reasonable precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.
Our websites may contain links or references to other websites outside of our control. Please be aware that we have no control over these sites and our privacy statement does not apply to these sites. We encourage you to read the privacy statements and terms and conditions of linked or referenced sites you enter.
You may request We provide you the information We hold about you, update your information or ask us to remove your information or correct any inaccuracies in such personal data. We will use reasonable efforts to deal with your request within a reasonable time.