TERMS & CONDITIONS
21 September 2020
CONTENTS
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 and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which we maintain (our “Site”). Please read these terms of use carefully before you start to use our Site. This Site is for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. Please exit our Site immediately if you do not accept these terms of use. These terms refer to the Privacy and Cookie Policies, which also apply to your use of our Site. Please exit our Site immediately if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted. Content is to be shared with those over the legal drinking age only.1. SOCIAL RESPONSIBILITY
As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (https://www.distilledspirits.org) – the Distilled Spirits Council for the United States and spiritsEUROPE (https://spirits.eu/) – the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.2. ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We may suspend, terminate, or restrict access to the services we provide on our Site if you have breached these terms and/or breached our Content Standards. We may also suspend, terminate or restrict access with immediate effect if, for example, we need to take steps to defend the Site or its users from fraud, malware, spam or cybersecurity or data breaches or if we are required to do so by law. We will not be liable if for any reason our Site is unavailable at any time or for any period. Where you are given a username and account details as part of your registration, you must keep your username and any passwords 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 any unauthorised use of your username and password by a third party. 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.3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, in our Site, and in the materials published on it by us, 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 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 our Site. Except as provided in these Terms and Conditions of Website Use, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. You are entitled to use the Materials on the Site for the sole purpose of use of the Site, and you may not use the Materials for any other purpose not connected with your enjoyment of the Site. You may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. You must not use any part of the Materials on our Site for commercial purposes unless expressly permitted by us and/or, where applicable, from the relevant Owner.4. ACCEPTABLE USE
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site where you are in breach of these terms. You are not permitted to use the Materials outside of the Site, save that you may use the recipes contained in the Site for your professional and domestic use as you see fit. You may not use our Site:- 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 or which is intended to promote alcohol to minors.
- 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”).
5. USER GENERATED CONTENT AND MODERATION
We may from time to time provide interactive services on our Site which may include information and materials uploaded by other users of the Site, including, without limitation, comments and posts, chat rooms and forums, bulletin boards, social content, music mix rooms, image upload features, interactive drinks and recipe functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, AND any additional terms that apply which you will need to agree to (e.g., Content Guidelines). Unless otherwise stated in these terms and conditions or any applicable additional terms, we do not, and are under no obligation to: oversee, monitor or moderate any interactive service we provide on our Site, or any content uploaded by users of the interactive services on our Site. The views expressed by other users on our Site do not represent our views or values and are not endorsed by us. 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. If a Site promotes or markets any Bacardi branded products or services, we reserve the right to moderate any user-generated content that is uploaded to such Site to ensure that our Content Standards and/or Content Guidelines are being adhered to. We reserve the right to remove any user-generated content that we consider (in our sole discretion) contravenes our Content Standards. If you wish to complain about content uploaded by other users, please contact us on https://Contact.BacardiLimited.com.6. UPLOADING MATERIAL TO OUR SITE
Where you submit your own content, images, photographs, recipes, videos, and any other materials (“Your Content”) to the Site, you hereby give us, and our group companies and business partners, a non-exclusive licence to display Your Content on the Site, and to use Your Content for our own purposes (including for our own promotional purposes), and to allow other users to view, interact with, share and download Your Content. You acknowledge that given the nature of the Site, Your Content will be publicly visible and may be shared by third parties, and that even if you delete Your Content from the Site, it may still be visible to third parties who have already interacted with or shared Your Content. You shall ensure that you have all relevant permissions, rights and licences to publish Your Content on the Site Your Content that you upload to our Site (including interactions with other users) must comply with our Content Standards. Any material you upload to our Site 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 our Site 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 our Site. 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 our Site. We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with our Content Standards.7. CONTENT STANDARDS
Any and all material which you contribute to our Site must comply with the spirit, as well as the letter, of the following content standards and our Content Guidelines where applicable. These 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.
- Contain any material which is unlawful, obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Be targeted at an under legal drinking age audience
- Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Promote violence
- Contain any material or engage in activities which are indecent, demeaning or insulting or would cause offence to others on grounds of gender, race, religion, creed, nationality, culture, disability, sexual orientation or age.
- Infringe any copyright, database right, trademark 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.
- Disclose 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).
8. CONTENT GUIDELINES FOR ALCOHOL RESPONSIBILITY
“Content” includes any contribution posted or made available by You on our Site, including, but not limited to, cocktail names, recipes, comments, pictures, videos, and any other materials. Any, and all Content which You contribute to the Site must comply with these Content Guidelines. Content must adhere to the following:- Anyone whose image or video is featured should be and look the age as required by local regulations (e.g., 25+ in the UK) and their express consent must be sought.
- No child/minor even in the background.
- Do not use or show personalities or celebrities, cartoon characters or images, music or any references that primarily appeal to persons below the legal age for consuming alcoholic beverages in the country or other territory in which you are located (e.g., Santa Claus).
- If you are located in the US, do not reference names of, or website links to, legal entities and/or individuals that hold on-trade or off-trade alcohol beverage licenses in the US (“references” include, but are not limited to, statements, photographs, and videos).
- Activities that reward or encourage excessive or irresponsible consumption of alcohol, including but not limited to; underage consumption, drinking games, rapid or unsafe drinking, overconsumption, drunk driving.
- Aggression or unruly, irresponsible, or anti-social behaviour or link alcohol with brave, tough or daring people or behaviour.
- Illicit drugs.
- Rewarding oneself with alcohol, or consuming alcohol as a way to escape from something or overcome boredom, loneliness or other problems.
- Glamorising the consumption of alcohol itself or presenting alcohol as a key component of the sexual, social, professional, educational, or athletic success or popularity.
- Consumption of alcohol having any medical or therapeutic effect.
- Any activities or locations in which drinking would be unsafe or unwise; sport, violent behaviours (or games), dangerous environment/situations (e.g., water activities or driving any vehicle).
- Generally, advocate responsible drinking.
- Show controlled handling, pouring and serving of alcohol.
- We recommend you create cocktails with each serving containing a maximum of 1.5 ounces (or 45ml) of alcohol at 40% ABV or equivalent (for example 3 ounces of alcohol at 20% ABV).
- We encourage you to create cocktails with lower ABV and cocktails without alcohol.
- We recommend you use ounces and ml measurements in your recipes.
- Avoid showing plastic straws.