Last Updated: March 22, 2018
2. No entry for under-aged persons: You must be twenty-one (21) years of age or older to use the Services.
3. Intellectual property belongs to HEINEKEN: The HEINEKEN name, logos and trademarks belong to HEINEKEN BROUWERIJEN B.V. or HEINEKEN USA INCORPORATED and the BIRRA MORETTI name, logos and trademarks belong to HEINEKEN ITALIAN S.p.A. or HEINEKEN USA INCORPORATED (collectively hereinafter referred to as “HEINEKEN”). By using the Services, you acknowledge and agree that any name, logo, trademark or service mark contained in these Services is owned or licensed by HEINEKEN and may not be used by you without HEINEKEN’S prior written approval. HEINEKEN will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Services are either the property of HEINEKEN or used in the Services with permission. Your use of any of these materials is prohibited unless specifically provided for on the Services. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
6. User names and passwords: You may need to register to use all or part of the Services. HEINEKEN may reject, or require that you change, any user name, password, or other information that you provide when registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password, and you must promptly notify us of any unauthorized use of your user name or password.
7. Jurisdictional issues: The Services are controlled and operated by HEINEKEN from the United States and are not intended to subject HEINEKEN to any non-U.S. jurisdiction or law. Any and all information contained in the Services, including, without limitation, information regarding products and services, applies only to those products and services offered in the U.S. The Services may not be appropriate or available for use in non-U.S. jurisdictions. If you use the Services from outside of the U.S., any such use is at your own risk, and you are responsible for compliance with all applicable local laws. HEINEKEN may limit the availability of the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that it chooses.
8. Your submissions: Users of the Services may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Services’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. HEINEKEN has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personal or other information publicly available through the Services, you do so at your own risk.
9. HEINEKEN’s license to use your Submissions: For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to HEINEKEN a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).In addition, if you provide to HEINEKEN any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place HEINEKEN under any fiduciary or other obligation. You further acknowledge and agree that HEINEKEN has no obligation to use any Feedback or Submission, and that you have no right to compel any such use.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
10. Rules of conduct: In connection with the Services, you must not:
a. Post, transmit or otherwise make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
b. Post, transmit or otherwise make available any materials that could: (a) constitute or encourage conduct that would be considered a criminal offense; (b) give rise to civil liability; (c) promote the excessive, irresponsible or underage consumption of alcohol; or (d) otherwise violate any law or regulation.
c. Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
d. Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
e. Harvest or collect information about users of the Services.
f. Interfere with or disrupt the operation of the Services or the servers or networks used to make them available, including by hacking or defacing any portion of the Services, or violate any requirement, procedure or policy of such servers or networks.
g. Prevent any person from using the Services.
h. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without HEINEKEN’s express prior written consent.
i. Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
j. Remove any copyright, trademark or other proprietary rights notice from the Services.
k. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without HEINEKEN’s express prior written consent.
l. Systematically download and store Services content.
m. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without HEINEKEN’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in any Service’s root directory, HEINEKEN grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HEINEKEN reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
11. Monitoring: HEINEKEN may (but has no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services. HEINEKEN may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. Notwithstanding that HEINEKEN or other parties are involved in creating, producing or delivering the Services and may, from time to time, monitor or review transmissions, postings or discussions, HEINEKEN and all parties involved in creating, producing or delivering the Services assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
12. Products: The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by HEINEKEN or by third parties. The availability through the Services of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE SERVICES, HEINEKEN EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING: (A) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) THAT THE SERVER OR MEANS THAT YOU USE TO ACCESS THE SERVICES IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
19. Respect for intellectual property: HEINEKEN respects the intellectual property rights of others. It is our policy not to permit materials known by HEINEKEN to infringe another party’s copyright to remain on any portion of the Services. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send HEINEKEN a written notice by mail, e-mail or fax, requesting that HEINEKEN remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send HEINEKEN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Julie Kinch, as follows: by mail to Julie Kinch, Heineken USA Incorporated, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601; by e-mail to [email protected] Julie Kinch’s phone number is 914-681-4100. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
23. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that HEINEKEN does not endorse any of the products or services listed on such site.
24. Information or Complaints: If you have a question or complaint regarding the Services, please send an e-mail to [email protected] You may also contact us by writing to Corporate Relations, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601 or by calling us at 914-681-4100. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
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