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TERMS& CONDITIONS

20 December 2022

CONTENTS

  1. SOCIAL RESPONSIBILITY
  2. ACCESSING OUR SITE
  3. INTELLECTUAL PROPERTY RIGHTS
  4. ACCEPTABLE USE
  5. USER GENERATED CONTENT AND MODERATION
  6. UPLOADING MATERIAL TO OUR SITE
  7. CONTENT STANDARDS
  8. CONTENT STANDARDS for alcohol responsibility
  9. RELIANCE ON INFORMATION POSTED
  10. OUR LIABILITY
  11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND     EVENTS
  12. MALICIOUS CODE, HACKING AND OTHER OFFENCES
  13. LINKING TO OUR SITE
  14. LINKS FROM OUR SITE
  15. INDEMNITY
  16. ENTIRE AGREEMENT
  17. JURISDICTION AND APPLICABLE LAW
  18. VARIATIONS
  19. TRANSFERRING THIS AGREEMENT
  20. INFORMATION ABOUT US

This page (together withthe documents referred to on it) tells you the terms of use on which you maymake use of this website and any and all other online or digital platforms(including without limitation mobile and other applications, such as Facebookapps) which we maintain (our “Site”). Please read these terms of use carefullybefore you start to use our Site. This Site is for the personal use, of personswho are lawfully permitted to purchase and consume alcoholic beverages, incountries and other territories where the sale, advertising and consumption ofalcoholic beverages is lawful. By using our Site, you indicate that you acceptthese terms of use and that you agree to abide by them. Please exit our Siteimmediately if you do not accept these terms of use.

Theseterms refer to the Privacy and Cookie Policies (please find links below), whichalso 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. SOCIALRESPONSIBILITY

As partof our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS (http://www.discus.org/) – the Distilled SpiritsCouncil for the United States and spirits EUROPE (http://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 OURSITE

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 youare given a username and account details as part of your registration, you mustkeep your username and any passwords confidential, and you must not disclose itto any third party. We will not be responsible or liable, directly orindirectly, in any way for any loss or damage of any kind incurred as a resultof, or in connection with any unauthorized use of your username and password bya third party. We have the right to disable any user identification code orpassword, whether chosen by you or allocated by us, at any time, if in ouropinion you have failed to comply with any of the provisions of these terms ofuse.

3. INTELLECTUALPROPERTY RIGHTS

All intellectual property and database rights, in our Site, and inthe materials published on it by us, including but not limited to trademarks,designs, logos, text, images, audio and video materials, look and feel andsoftware (including code, interface and website structure) (“Materials”) areowned by us, our subsidiaries, affiliates companies and/or any of our partners.The Materials are protected by intellectual property laws and treaties aroundthe world. All such rights are reserved. You may not remove any copyright orother proprietary notices from any Materials on our Site.

Except asprovided in these Terms and Conditions of Website Use, the use of this Sitedoes not grant you any rights, title, interest or license to any Materials youmay access on this Site. You are entitled to use the Materials on the Site forthe sole purpose of use of the Site, and you may not use the Materials for anyother purpose not connected with your enjoyment of the Site. You may print areasonable number of hard copies, and may download extracts, of any page(s)from our Site for your lawful, personal, non-commercial use.

You mustnot use any part of the Materials on our Site for commercial purposes unlessexpressly 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 theright, in our sole discretion, to terminate your use of the Site where you arein breach of these terms.

You arenot permitted to use the Materials outside of the Site, save that you may usethe recipes contained in the Site for your professional and domestic use as yousee 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 unauthorized     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 GENERATEDCONTENT AND MODERATION

We may from time to time provide interactive services on our Sitewhich may include information and materials uploaded by other users of theSite, 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. Wherewe do provide any interactive service, we will provide clear information to youabout the kind of service offered, AND any additional terms that apply whichyou will need to agree to (e.g., Content Guidelines).

Unlessotherwise stated in these terms and conditions or any applicable additionalterms, we do not, and are under no obligation to: oversee, monitor or moderateany interactive service we provide on our Site, or any content uploaded byusers of the interactive services on our Site.

The viewsexpressed by other users on our Site do not represent our views or values andare not endorsed by us. We expressly exclude our liability for any loss ordamage arising from the use of any interactive service by a user incontravention of our Content Standards.

If a Sitepromotes or markets any Bacardi branded products or services, we reserve theright to moderate any user-generated content that is uploaded to such Site toensure that our Content Standards and/or Content Guidelines are being adheredto. We reserve the right to remove any user-generated content that we consider(in our sole discretion) contravenes our Content Standards.

If youwish to complain about content uploaded by other users, please contact us atjtourgee@qurivodka.net

6. UPLOADINGMATERIAL TO OUR SITE

Where you submit your own content, images, photographs, recipes,videos, and any other materials (“Your Content”) to the Site, you hereby giveus, and our group companies and business partners, a non-exclusive licence todisplay 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 thenature of the Site, Your Content will be publicly visible and may be shared bythird parties, and that even if you delete Your Content from the Site, it maystill be visible to third parties who have already interacted with or sharedYour Content. You shall ensure that you have all relevant permissions, rightsand licenses to publish Your Content on the Site.

YourContent that you upload to our Site (including interactions with other users)must comply with our Content Standards. Any material you upload to our Sitewill be considered non-confidential and non-proprietary, and unless otherwiseagreed in writing between us, we have the right to use, copy, distribute anddisclose to third parties any such material in whole or in part for anypurpose. We also have the right to disclose your identity to any third partywho is claiming that any material posted or uploaded by you to our Siteconstitutes a violation of their intellectual property rights, or of theirright to privacy. You waive any moral rights in respect of any material youupload to our Site.

We will notbe responsible, or liable to any third party, for the content or accuracy ofany materials posted by you or any other user of our Site.

We havethe right to remove any material or posting you make on our Site if, in oursole opinion, such material does not comply with our Content Standards.

7. CONTENT STANDARDS

Any and all material which you contribute to our Site must complywith the spirit, as well as the letter, of the following content standards andour Content Guidelines where applicable. These standards apply to each part ofany contribution as well as to its whole.

Yourcontributions 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.

Your contributions mustnot:

  • 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 glamorize 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, trade mark 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).

This list only serves toprovide examples and is not meant to be an exhaustive list.

8. CONTENTGUIDELINES FOR ALCOHOL RESPONSIBILITY

“Content” includes any contribution posted or made available byYou on our Site, including, but not limited to, cocktail names, recipes,comments, pictures, videos, and any other materials. Any, and all Content whichYou contribute to the Site must comply with these Content Guidelines.

Contentmust 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 USA) and their express consent must be     sought.
  • No     child/minor even in the background.
  • Except     in the case of our content regarding charitable work.  Alcohol and photos of minors will not be     displayed on the same page.
  • 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).

Content should not displayor condone:

  • 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.
  • Glamorizing     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 behaviors (or games), dangerous environment/situations     (e.g., water activities or driving any vehicle).

Alcoholicproducts/cocktails – Please endorse responsible consumption of alcoholicproducts and cocktails, and:

  • 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.

This list only serves toprovide examples and is not meant to be an exhaustive list.

For moreon alcohol responsibility please visit http://www.responsibledrinking.org/ and http://www.responsibledrinking.eu/ orany official local alcohol responsibility site.

9. RELIANCE ONINFORMATION POSTED

Commentary and other materials posted on our Site are not intendedto amount to advice on which reliance should be placed. We therefore disclaimall liability and responsibility arising from any reliance placed on suchmaterials by any visitor to our Site, or by anyone who may be informed of anyof its contents. We may help connect users offering their services (such as bartending, service staff, mixology services) (“User Services”) with other usersseeking to use such User Services. We do not vet or scrutinize any contentoffering User Services. You acknowledge that we do not supervise or monitor ormoderate users offering User Services, and that we do not offer User Services.You agree that we are not liable or responsible in any way for User Servicesand that we do not endorse or recommend any particular User Services. Nothingin our relationship or these terms shall create any employment, agency, jointventure, partnership or other relationship between you and Bacardi-Martini B.V.We accept no responsibility for any liability arising in relation to the offeror receipt of any User Services and it is your responsibility to enter intocontracts with other users as necessary to regulate such User Services.

Youconfirm that have all licenses, qualifications and experience necessary tooffer any User Services advertised or offered by you.

We mayhelp you register or attend events organized by other members and connect withother members at such events. You agree that we are not responsible for suchevents, nor are we responsible for the conduct of other attendees at suchevents.

10. OUR LIABILITY

The material displayed on our Site is provided “as is” and withoutany guarantees, conditions or warranties as to its accuracy, to the extentpermitted by law, we and all other members of our Group of Companies and ouraffiliates (“Our Group”) hereby expressly exclude and disclaim:

  • All     conditions, representations, or warranties of any kind, either express or     implied, including warranties of merchantability or fitness for a     particular purpose and other terms which might otherwise be implied by     statute, common law or the law of equity.
  • Any     liability for any direct, indirect or consequential loss or damage     incurred by any user in connection with our Site or in connection with the     User Services, or your use of our Site, any websites linked to it and any     materials posted on it, including, without limitation any liability for:     loss of income or revenue, loss of business, loss of profits or contracts,     loss of anticipated savings, loss of data, loss of goodwill, wasted     management or office time, and for any other loss or damage of any kind, however     arising and whether caused by tort (including negligence), breach of     contract or otherwise, even if foreseeable.

Because some jurisdictionsdo not allow the exclusion or limitation of liability or damages, Our Group’sliability in such jurisdictions shall be limited to the fullest extentpermitted by law.

Nothingin these terms affects or limits your statutory rights as a consumer.

11. INFORMATIONABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS

Your privacy is important to us. We process information about youin accordance with our Privacy Policy.

12. MALICIOUS CODE,HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing anymalicious code. You must not attempt to gain unauthorized access to our Site,the server on which our Site is stored, or any server, computer or databaseconnected to our Site. You must not attack our Site via a denial-of-serviceattack or a distributed denial-of service attack.

We willnot be liable for any loss or damage caused by a distributed denial-of-serviceattack or Malicious Code that may infect your computer equipment, computerprograms, data or other proprietary material due to your use of our Site or toyour downloading of any material posted on it, or on any website linked to it.

13. LINKING TO OURSITE

Unless otherwise authorized in writing by us, you may not suggestany form of association, approval or endorsement of any website on our part. Ifyou wish to make any use of Material on our Site other than that set out above,please address your request for the attention of our CEO as specified insection 20 of the present Terms and Conditions of Website Use.

14. LINKS FROM OURSITE

Where our Site contains links to other sites and resourcesprovided by third parties, these links are provided for your information only.We have no control over the contents of those sites or resources and accept noresponsibility for them or for any loss or damage that may arise from your useof them.

15. INDEMNITY

You will indemnify Our Group against any loss, damage or costincurred by us arising out of your use of our Site, any User Services providedby you or accessible to you via the Site, any breach of these terms andconditions by you, or your violation of any other laws, regulations and rules.You will also indemnify us against any claims that information or materialwhich you have submitted to us is in violation of any law or in breach of anythird-party rights (including, but not limited to, claims in respect ofdefamation, invasion of privacy, breach of confidence and infringement of anyintellectual property right). We reserve the right exclusively to defend andcontrol any claims arising from the above and you will fully cooperate with usin any such defenses.

16. ENTIRE AGREEMENT

These terms of use, including our Privacy Policy and Cookie Policyconstitute the entire agreement between you and us in relation to your use ofour Site.

17. JURISDICTION ANDAPPLICABLE LAW

Details of our internal complaint-handling system can be foundhere:

  • In     the event a dispute cannot be resolved between us and any business users     by means of our internal complaint-handling system, we may agree to enter     into mediation to settle such a dispute and will do so in accordance with     the Centre for Effective Dispute Resolution (CEDR) Model Mediation     Procedure or Alternative Dispute Resolution Group (ADRG) procedure. Unless     otherwise agreed by us in writing, the mediator will be nominated by CEDR     or ADRG.
  • If     you are located in the U.S., these terms are governed and construed in     accordance with the laws of the State of New York, excluding its conflicts     of law rules, and any dispute arising out of or relating to these Terms     and Conditions of Website Use or your access or use of this Site will be     subject to the exclusive jurisdiction of the courts located within the     county of New York in the State of New York, and you hereby submit to the     personal jurisdiction of such courts. If you are located anywhere except     the U.S., then (i) these terms are governed by English law; and (ii) the     English courts will have exclusive jurisdiction over any claim arising     from, or related to, a visit to our Site although we retain the right to     bring proceedings against you for breach of these terms in your country of     residence or any other relevant country and (iii) these Terms and     Conditions of Website Use are governed by English law.

18. VARIATIONS

We may revise these terms of use at any time by amending thispage.

19. TRANSFERRINGTHIS AGREEMENT

We may transfer our rights and obligations under these terms toanother organization. We will always tell you in writing if this happens and wewill ensure that the transfer will not affect your rights under the contract.

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