| WEBSITE TERMS & CONDITIONS OF
USE
Any use by you of the website operated
by Diageo plc at www.diageoafricabusinessreportingawards.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 box below for a summary of updates. Your continued
use of the Site will be deemed acceptance of these Terms & Conditions,
including our Privacy Statement.
This 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 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 this 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 authorised 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 authorised user of all trade marks, 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 this 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 world-wide. 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.
4. Terms of Use and Acceptable Usage Policy Relating To Message
Boards
This Site may contain discussion
groups, news groups, bulletin boards, chat rooms and other
interactive services (collectively, "Message
Boards"). We may or may not actively monitor use of, or
content or materials posted on, our Message Boards. Similarly,
we may or may not exercise editorial control over the content
of any Message Board. As a result, you may be exposed to content
on our Message Boards that is inaccurate, fraudulent or deceptive
or that you find offensive or objectionable. Your use of Message
Boards is at your own risk.
However, we reserve the right, but not the obligation, to monitor
our Message Boards and to remove or alter any content which,
in our sole discretion, constitutes a misuse thereof these and
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 Message Boards
:
* 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;
* using the services to create, host or transmit (whether in
a Message Board 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;
* using the services to harm, or attempt to harm, minors in any
way;
* 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;
* 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;
* using the services to create, host or transmit unsolicited
advertising material to other users;
* using the services to create, host or transmit any material
that harasses another;
* 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;
* 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;
* 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;
* 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;
* 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;
* 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 authorised to use.
* encouraging, condoning or glamorising under-age drinking, drunk-driving
or excessive consumption of alcoholic beverages
* 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
Message Boards that may result in the restriction, suspension
or termination of your use of the Message Boards or of our Site.
Due to the global nature of the internet, users hereby agree
to comply with all local rules regarding on-line 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 Message Board ("Postings") will be deemed
not to be confidential or secret. You understand that personal
and other information (e.g. username, email address, phone
number) that you post on or through Message Boards 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 about yourself
or any other person in any posting. 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 Message Boards.
You represent and warrant that your
that your Postings are original to you, 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 sublicensable 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.
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 MESSAGE
BOARDS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE
AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS
ON OR THROUGH MESSAGE BOARDS. The opinions expressed in Message
Boards 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 Message Boards. 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 this Website.
We may enable you to establish an account with a username and
password to access and use the Message Boards. If so, 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.
5. NO WARRANTIES - THIS 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, TITLE AND NON-INFRINGEMENT. WE DO NOT
WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE 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.
6.THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE
PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES
MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
7. Your responsibility - You should always verify the information
set out in this Site with independent authorities before acting
or relying on it. It is your responsibility to use virus checking
software on any material downloaded from this 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 which we may make of such information.
8. 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 THIS 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,
OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING
OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE,
$100.00 (US).
9. 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 this Site, whether ideas, creative concepts or other materials,
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.
10. 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.
11. Links from and to the Site -
You acknowledge and agree that we have no responsibility for
the information provided by Web sites to which you may link
from this 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 this website or its pages
without our prior written consent.
12. Indemnity - You will indemnify
us 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 materialnwhich 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.
13. 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 which 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.
14. Entire Agreement - These Terms & Conditions, including
our Privacy Statement, constitutes 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 endeavour 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.
15. 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 authorised by you, the copyright owner, its
agent, or the law;
An electronic or physical signature of the person authorised
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 authorised to act on the copyright owner's
behalf.
Copyright Agent:
Diageo North America, Inc., Six Landmark Square, Stamford, CT
06901. Attn: Elliot R. Basner, Esq. Telephone No: 203-359-7100
Facsimile No: 203-359-7192.
16. Law and Jurisdiction - These
Terms & Conditions, including
the Privacy Statement and any matter relating to this Site, shall
be governed by English law. To the extent that software is accessible
through this site, such software 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: (a) into (or to a national or resident of) any
country to which the U.S. has placed an embargo, including without
limitation, Cuba, Iran, Iraq, Libya, North Korea or Syria; (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. If you download or use the software,
you represent and warrant that you are not located in, or under
the control of, or a national or one any such country or on any
such list.
UPDATE SUMMARY
Changes from previous version:
Section 4 modified - Terms of Use and Acceptable Usage Policy
Relating To Message Boards
(c) Diageo plc, 8 Henrietta Place, London, W1M 9AG. 2005. All
rights reserved.
Version 6.0 dated 21 February 2005 |