This website 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).
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.
We endeavor to protect your personal privacy. We provide this Privacy Statement to help you to understand what we may do with any personal information that we obtain from you. By providing your personal information to us, you signify your acceptance of our Privacy Statement and agree that we may collect, use and disclose your personal information as described in this Privacy Statement. If you do not agree to this statement, please do not provide your personal details to us. This Privacy Statement is incorporated into, and part of, the Terms and Conditions, which govern your use of the site in general. We will use your information only for the purposes set out below.
We may need to update this Privacy Statement from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.
Changes to the Privacy Statement are noted here:
Date last revised: April 30, 2009
Description of substantive revision:
Section 4 - Description of how personal information is collected
Section 6 - Description of how personal information is used
Section 7 - Description of how personal information is shared
Section 8 - Posting of information in public forums
Section 10 - Changes to your privacy preferences
2. Legal purchase age
You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside and (if different) in the jurisdiction in which you are accessing the site. We do not intend to collect personal information from any individuals under the legal purchase age or market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable effort to remove such personal information from our files or flag such personal information and, to the extent permitted by law, retain it for the sole purpose of ensuring that it is not used any further.
3. What is personal information?
Personal information is information about an identifiable individual, as defined by applicable law.
4. Collecting personal information
It is your choice to provide us with personal information. We will only collect personal information that you choose to provide. In certain instances, we may provide you with the option to select whether you would like to receive information from us or from trusted third parties (for example, by choosing to opt in or opt out of receiving special promotional offers). In some circumstances, you will not have the option to opt-out, such as when we are satisfying the obligations of a contract with you, administering a transaction requested by you, or as required by law.
You may choose to provide us with personal information if, for example, you: contact us with an enquiry; register on the site; forward an item to a friend; purchase an item; fill out a survey or other form with your personal information included; request us to provide you with information; enter a competition; post information to public areas of the site; or take advantage of a promotion.
By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.
We primarily use information from cookies for the following purposes:
1. Traffic monitoring; e.g., the IP address from which you access the site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed the site.
2. To register you in programs and to recognize your website preferences.
3. To recognize repeat visitors for statistical / analytical purposes.
4. Anonymous tracking of interaction with online advertising, e.g., to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
5. To compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.
We may also use clear gifs (also known as web bugs or web beacons), which are tiny graphics embedded in web pages and email messages that we use, in connection with cookies, to collect non-personal information from users to analyze site usage, manage content on the site, track visits to other related sites, and track the performance of online advertising.
We may also connect the information that we collect through cookies and clear gifs with other personal information that you provide to us in order to:
1. customize or personalize your experience of the site; for example, so that we can greet you on the site by name;
2. conduct transactions, such as credit card sales; and
3. monitor your use of our website(s) in order to make our communications to you as relevant as possible and for other marketing and advertising research purposes.
6. Use of personal information
We may use personal information collected from you in order to provide you with specific services that you request as well as in order to provide you with additional services that may be of interest to you. For example, we may use your personal information in the following ways:
We may 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.
Marketing analysis: 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.
Transactional purposes: We may use your personal information in order to respond to your queries and requests, maintain your accounts, 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).
Forward to a friend. When you provide us with information regarding another individual, such as when you request that we send someone information from one of our websites, we will only send that individual the information that you specifically requested that we send. We will not send them additional communications based on you providing us with their information.
7. Disclosure of personal information
We value your personal information and only share such information with third parties that provide adequate protection for such information. From time to time we may disclose personal information to:
(a) third parties to whom you have provided your consent;
(b) our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; credit card and data processing; age verification; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and other services related to our business; and further, provided such service providers and subcontractors do not collect, use or disclose the personal information for any purpose other than to perform such functions on our behalf or to provide services to us or as otherwise required by law;
(c) third parties who, in our reasonable judgment, are providing or seeking the information as the authorized or appointed legal agent of the subject individual; or
(d) carefully selected third parties, including our affiliates, to send you third party marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations that will be bound by confidentiality obligations and restrictions on use of personal information. We will obtain your express permission before we allow a third party that is not an affiliate to send you any such marketing and promotional information;
(e) a person or entity, including our affiliates, in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganization or liquidation, whereby we transfer, sell, or assign to such third party information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us; and
(f) law enforcement, governmental or regulatory agencies, or other third party in order to comply with law or where we believe such action is necessary in order to comply with law or detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with our corporate policies, procedures, legal and contractual obligations.
8. Public (or Interactive) areas of our websites
Information that you post on or through the public areas of the site (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. You should not provide personal information about yourself in public (or interactive) areas of the site. Such personal information is not covered under this Privacy Statement.
We take security seriously and we take precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We have no control over the privacy of any communications while in transit to us. We recommend that you not include confidential, proprietary or sensitive information in such communications.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.
You are reminded that, in accordance with the Terms and Conditions for this website, which include this Privacy Statement, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. 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 obligation.
10. Unsubscribe, access, questions and further information
At your request and where the law requires us to do so, we will confirm what personal information we hold about you, update your information, remove your information, fulfill specific opt out requests, including requests where you have previously opted in with respect to the use of your personal information, and/or correct any inaccuracies in such personal information if you contact us using the unsubscribe details provided below.
If you would like to unsubscribe from thebar.com communications or from all communications about Diageo brands, please contact: email@example.com.
11. Portfolio permissions
If you have given permission to receive communications about Diageo brands generally (for example, by opting to receive news and special offers by email about Diageo's other great alcohol brands) you may from time to time receive communications about brands to which you have not opted in specifically. Information about many of Diageo's brands can be found at www.diageobrands.com.
We may occasionally send you communications about brands not featured on www.diageobrands.com (e.g. new brands). We recommend that you refer to www.diageobrands.com from time to time as the list of brands featured will be updated periodically.
Providing general permission for us to communicate with you about our brands does not mean that you will receive communications about all Diageo's brands.
We will only communicate with you about those brands that we think may be of particular interest to you. Any such communications will provide you with an opportunity to unsubscribe from the brand in question and/or from all communications about Diageo brands.
If you have any privacy-related questions, concerns or complaints, please contact: Digital Governance Director, Diageo plc, 8 Henrietta Place, London, W1G0NB, email: firstname.lastname@example.org
The site may contain links or references to other websites outside of our control. Please be aware that we have no control over these websites 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 websites you enter.
As required, this Privacy Statement will be supplemented by additional legal requirements in jurisdictions where we conduct business. Nothing in this Privacy Statement or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against the company or any third party or any of their respective directors, officers, employees, agents or representatives (collectively the "Diageo Group"); nor will the existence of this Privacy Statement or its application impose or add to any obligations or liability upon the Diageo Group that the Diageo Group does not already otherwise have under law.
Any use by you of the website operated by Desnoes & Geddes Limited at www.redstripejamaica.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 the box below for a summary of updates. Your continued use of the Site constitutes acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. 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 authorized 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 authorized 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.
The Site may contain interactive services, including, but not limited to, discussion groups, news groups, bulletin boards, chat rooms and blogs (collectively, "Public Forums"), which may allow you to post, transmit or submit information, including, but not limited to, writings, images, illustrations, audio recording and video recordings. We may or may not actively monitor use of, or content or materials posted on, our Public Forums. Similarly, we may or may not exercise editorial control over the content of any Public Forum. As a result, you may be exposed to content on our Public Forums that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
However, we reserve the right, but are not obliged, to monitor our Public Forums 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 Public Forums:
ø 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.
ø using the services to create, host or transmit (whether in a Public Forum 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.
ø using the services to harm, or attempt to harm, minors in any way.
ø 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.
ø 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.
ø using the services to create, host or transmit unsolicited advertising material to other users.
ø using the services to create, host or transmit any material that harasses another.
ø 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.
ø 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.
ø 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.
ø 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.
ø 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.
ø 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 authorized to use.
ø encouraging, condoning or glamorizing under-age drinking, drunk-driving or excessive consumption of alcoholic beverages.
ø 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 Public Forums that may result in the restriction, suspension or termination of your use of the Public Forums or of our Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online 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 Public Forum ("Postings") will be deemed not to be confidential or secret. You understand that personal and other information (e.g., user name, email address, phone number) that you post on or through Public Forums 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 Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party's intellectual property rights, 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 for editorial, commercial, non-commercial, promotional or any other purpose.
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 PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums 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 Public Forums. 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.
5. 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, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, 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.
6. Accounts and Security-We may enable you to establish an account with a username and password to access and use the certain areas of the Site, Public Forums and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. 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.
7. 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, PERFORMANCE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED 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 UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
8. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
9. 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.
10. 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, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
11. 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.
12. 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.
13. Indemnity - You will indemnify us and our officers, directors, agents, employees and representatives, 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.
14. 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.
15. Entire Agreement - These Terms & Conditions, including our Privacy Statement, constitute 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.
16. 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 authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized 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 authorized to act on the copyright owner's behalf.
Diageo North America, Inc., 801 Main Avenue, Norwalk, CT 06851. Attn: Jennifer Millones, IP Counsel, Telephone No: 203-229-2100, Facsimile No: 203-229-8925, Email: email@example.com.
17. Export Controls - To the extent that software or technical data is accessible through the Site, such software or technical data 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 in violation of the laws of any applicable jurisdiction including, but not limited to: (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.
18. Law and Jurisdiction - These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by New York law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of any state or federal court sitting in New York, New York, and you irrevocably consent to the jurisdiction of such courts.
Changes from previous version:
8th Feb 2006
Section 16 Modified aw and Jurisdiction
18th Aug 2006
Section 15 Modified Address of Copyright Agent.
2nd Jan 2007
Added company registration details as required by European Company Law
1 October 2007
Section 5 Modified - Materials submitted by you
Section 6 Modified - Accounts and security
Section 7 Modified - No Warranties
Section 10 Modified - No Liability
Section 13 Modified - Indemnity
Section 17 Modified - Export Controls
Section 18 Modified - Law and Jurisdiction