1. Agreement to terms: By using our services, including any website, software, social media site, or application controlled by HEINEKEN, (the “Services”), you acknowledge and agree to the following terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. These terms and conditions are applicable to all instances of the Services, unless explicitly stated otherwise on any particular instance.
2. No entry for under-aged persons: You must be 21 years of age or older to use these Services.
3. Intellectual Property Belongs to HEINEKEN: The DOS EQUIS and HEINEKEN name, logos and trademarks belong to Cervezas Cuauhtemoc Moctezuma SA, HEINEKEN BROUWERIJEN B.V. or HEINEKEN USA INCORPORATED (collectively hereinafter referred to as “HEINEKEN”): By using these 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 these 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.
4. Copyrights belong to HEINEKEN: HEINEKEN is the copyright owner of these Services and no portion of these Services including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without HEINEKEN’S express prior written permission, except as otherwise explicitly stated herein. Any modification, re-posting or use of the material in these Services for any other purpose violates HEINEKEN’S legal rights.
7. Unlawful behavior: You are prohibited from posting in these Services, or otherwise transmitting to or from these Services, any pornographic, obscene, profane, defamatory, libelous, threatening, harassing, inappropriate, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol or otherwise violate any law or regulation. Notwithstanding that HEINEKEN or other parties are involved in creating, producing or delivering these Services and may, from time to time, monitor or review transmissions, postings or discussions, HEINEKEN and all parties involved in creating, producing or delivering these 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.
8. No warranty on content, information or materials: Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Services are based upon up-to-date information, and while HEINEKEN makes all reasonable efforts to ensure that all content, information and materials in these Services are correct, accuracy cannot be guaranteed and HEINEKEN makes no warranties or representations of any kind as to its accuracy.
9. Entry at your own risk; disclaimer: ANY USE AND/OR BROWSING OF THESE SERVICES IS PERFORMED AT YOUR OWN RISK. THESE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THESE SERVICES) IS PROVIDED TO YOU “AS IS” WITHOUT FURTHER REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITH REGARD TO THE CONTENTS OF THESE SERVICES, HEINEKEN EXPLICITLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THESE SERVICES; OR (B) THAT THE SERVER OR MEANS THAT YOU USE TO ACCESS THE SERVER THAT MAKES THESE SERVICES AVAILABLE 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 WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THESE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HEINEKEN’S NEGLIGENCE, WILL HEINEKEN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THESE SERVICES, BE LIABLE FOR: (A) ANY LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS); OR (B) ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND OR NATURE; WHETHER ARISING OUT OF OR THROUGH YOUR ACCESS TO, THE USE OF OR BROWSING OF THESE SERVICES, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO, AUDIO OR ANY OTHER MATERIALS FROM THESE SERVICES INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR OTHERWISE, EVEN IF HEINEKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. HEINEKEN FURTHER ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES. IN NO EVENT SHALL HEINEKEN USA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICES.
11. Hyperlinks: Although these Services may be linked to other sites on the internet, HEINEKEN provides such links solely for your convenience, and is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, responsibility or affiliation with the linked site or any content, information or other materials contained therein, unless specifically stated. HEINEKEN disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability, accessibility or validity of any content, information or other materials contained on any other site. By entering these Services you acknowledge and agree that HEINEKEN has not reviewed all sites linked to these Services and is not responsible for the content of any off-Services pages or any other site linked to these Services. Your linking to or viewing of any off-Services pages or other sites is at your own risk. You must obtain HEINEKEN’Ss prior written permission to link these Services to your website. HEINEKEN will only authorize links to sites when 71.6% of the actual audience of such site is 21 years or age or older.
13. 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. If you believe any materials on any of the Services infringe a copyright, you should provide HEINEKEN with written notice that at a minimum contains: a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) identification of the copyrighted work claims to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; c) identification of the material claimed to be infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HEINEKEN to locate the material; d) information reasonably sufficient to permit HEINEKEN to contact you, such as an address, telephone number and, if available, an electronic mail address; e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. Applicable law: By entering these Services you acknowledge and agree that these Services are construed in accordance with and governed by the laws of the State of New York, USA. If you use these Services from another location, you are responsible for compliance with any and all applicable local laws. HEINEKEN makes no representation that the content contained within these Services is appropriate for countries outside the United States. Any and all information contained in these Services including, without limitation, information regarding products and services, applies only to those products and services offered in the United States. You agree that any litigation between you and HEINEKEN arising from or pertaining to the use of these Services, any advertising associated with these Services, or any link accessible from or providing access to these Services or otherwise shall be governed by New York law and that exclusive jurisdiction resides in the courts of the State of New York, USA.
16. No Class Action and Dispute Resolution: Any dispute with HEINEKEN, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Services at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with HEINEKEN, our officers, directors, employees, agents, parents, subsidiaries or affiliates, arising out of or relating to your use of the Services or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.