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Terms of Use

Effective Date: 03/31/2014

You can use the websites www.guinnesswebstore.com (the “site”) or the mobile version of the site on condition that you accept these terms of use, including our Privacy and Cookies Policy (collectively “Terms of Use”). We reserve the right to amend these Terms of Use from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which will come into effect when posted. (See the box below for a summary of updates.)

Your continued use of the sites constitutes acceptance of these Terms of Use. We reserve the right to change, suspend or discontinue any portion, features or content of the sites at any time. We may also impose limits on certain features or restrict your access to parts of or the entire site without notice or liability.

The sites are operated by The James Trading Group Inc (an affiliate company of Diageo plc companies), © [2014] [The James Trading Group Inc (registered in the U.S. with company number 13-3647764) and registered address 13 Highview Ave Orangeburg NY 10962. All rights reserved. The James Trading Group Inc uses word and associated logos under license from Diageo PLC.

The sites are intended for you to use only if you’re of legal age to buy alcohol in the country where you live or access the site. If you’re under age, you may be in breach of local laws or regulations and should leave the site immediately. You can restrict access to this site using content filtering software or by changing your computer settings (e.g. browser or operating system).
IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, PLEASE LEAVE THE SITE NOW.

All references to 'our', 'us', 'we' or ‘company’ in these Terms of Use refer to The James Trading Group Inc, its affiliates and associates.

RIGHTS

All rights in all material and content (including, but not limited to, text, images, web pages, sounds, software (including code, interface and website structure) and video, and the look and feel, design and compilation thereof) on the site are owned or licensed by us. You agree that you’re allowed to use this material and/or content only as set out in and to the extent allowed by these Terms of Use.

INTELLECTUAL PROPERTY

Unless otherwise indicated, we are the owner and/or authorised user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property (collectively “intellectual property”) contained in the site. Except as provided in these Terms of Use, your use of the site does not grant you any right, title, interest or licence to any intellectual property you may access on the site. Except as provided in these Terms of Use, any use or reproduction of the intellectual property is prohibited.

RESTRICTIONS ON USE

Except as expressly authorised by law, by us or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the site, or to use it for commercial purposes Terms of use and acceptable usage policy relating to public forums

The site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content from interfacing sites (as described below) (collectively “public forums”), which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“postings”). We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on public forums. You may be exposed to content on public forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. You use public forums at your own risk.

We reserve the right, but are not obliged, to monitor public forums and to remove or alter any postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the site where, in our sole discretion, we believe that you’ve misused them.

The following examples constitute misuse of the sites:

  • Using the sites for any improper, unlawful or immoral purpose
  • Causing any nuisance by using the sites or causing the operation of the sites to be jeopardised or impaired
  • Using the sites to create, host or transmit (in a public forum 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 sites to harm or attempt to harm minors in any way
  • Using the sites 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 sites to create, host or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity or other intellectual property or proprietary rights of any other party
  • Using the sites to create, host or transmit unsolicited advertising material to other users
  • Using the sites to create, host or transmit any material that harasses another
  • Using the sites to make false, misleading, deceptive or fraudulent offers to sell or buy products, items or services, or to send chain letters or pyramid schemes or 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 sites to access, or 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 systems or telecommunications systems
  • Using the sites 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 sites 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 intellectual property provided by us, our contractors or our licencees without our prior written consent, or impersonating any person or entity or using a false name that you’re not authorised to use
  • Encouraging, condoning or glamorising underage drinking, drunk-driving or excessive consumption of alcohol
  • Disclosing any personally identifiable information about yourself or any other party (e.g. phone number, address or any information from which someone’s identity or contact information can be derived)
  • Violation of the Terms of Use associated with an interfacing site


This is not an exhaustive list. It only serves to give examples of the type of unacceptable uses of the sites or public forums that may result in the restriction, suspension or termination of your use of the site or public forums. Due to the global nature of the internet, you hereby agree to comply with all local rules regarding online conduct and acceptable content. You also agree to comply with any applicable rules regarding the export of any data from any country.

Any postings you make 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 public forums 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 information about yourself or anyone else in any postings. We reserve the right, but not the obligation, to remove postings that contain personally identifiable information. We will not be liable for the use or misuse of any information or data, including personal information, that you post on our public forums.

You represent and warrant that your postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights to them, 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 sub-licensable right and licence 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 for any editorial, commercial, non-commercial, promotional or other purpose.

We are not responsible for maintaining your postings and may delete or destroy them at any time.

CONTENT, INFORMATION AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in public forums are not necessarily ours. Any statements, advice and opinions made by participants are those of the participants only. We will not be held responsible for any statements, advice, opinions or other content or materials on public forums. You release us from all claims and demands of every kind and nature, known and unknown, however they arise from or are in any way connected with a dispute with another user of the site.

INTERFACING SITES

You acknowledge and agree that we have no responsibility for the content (“linked content”) hosted by unaffiliated websites (“interfacing sites”) to which you or we may link from the sites, or otherwise display on the sites through an application programming interface or other method. We do not host or store linked content. The display of linked content or the provision of links to interfacing sites does not constitute an endorsement by or association with us of the linked content, interfacing sites or products, advertising or other materials presented on such sites. 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 your use of or reliance on any content, goods or services available on interfacing sites, or for any action taken by interfacing sites.

We reserve the right to remove linked content from our sites or interfacing sites, as far as we can, at any time and for any reason, including violation of these Terms of Use or the applicable Terms of Use on the interfacing site. To use some of the functionality of an interfacing site, you may need to set up an account with a username and password. As these are unaffiliated sites, we are not responsible for any username, password or other information these sites may collect. Also, we’ll never ask you to give us your password for interfacing sites. If you’re unable to set up an account on an interfacing site for any reason, you may not be able to fully use the functionality of the site. In addition to these Terms of Use, the linked content displayed on our sites, including your rights relating to it, are subject to the Terms of Use set by the interfacing website.

MATERIALS SUBMITTED BY YOU

Unless specifically requested, we don’t solicit or wish to receive any confidential, secret or proprietary information or other material from you through the sites or any of its services, by email or in any other way. Any information or material you submit that’s not expressly been requested by us will be deemed not to be confidential, secret or proprietary. You agree that any information or material you submit to the sites, whether ideas, creative concepts or other materials, in any format (including, but not limited to, writings, images, illustrations, audio recordings and video recordings), may be used, reproduced and disclosed by us without restriction for whatever purpose we see 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 WILL 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 waived or excluded.

ACCOUNTS AND SECURITY

We may enable you to set up an account with a username and password to access and use certain areas of the sites, public forums and other services. You may not create an account unless you’re of legal age to buy alcohol in the country where you live or access the sites. You will give us accurate account information. You are responsible for maintaining the strict confidentiality of your account password and for any activity using your account and password. You agree to (a) immediately tell us of any unauthorised 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 tell us when you want to cancel your account. We won’t be responsible or liable for any loss or damage arising from your failure to comply with this provision.

NO WARRANTIES

THE SITES ARE PROVIDED “AS IS” AND YOUR USE OF IT IS AT YOUR OWN RISK. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, TERMS, AND CONDITIONS. WE DO NOT WARRANT THAT THE SITES WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE OR UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITES, 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 SITES WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO STOP USING THEM.

YOUR RESPONSIBILITY

You should always check any information contained on the sites with independent sources before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the site and to ensure the compatibility of such software with your equipment. In circumstances where you give us information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Policy and any uses we may make of such information.

NO LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR OTHER SITES ACCESSED FROM THE SITE, ANY MATERIALS POSTED ON THE SITE OR OTHER SITES ACCESSED FROM THE SITE OR FROM ANY COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL TRANSMITTED THROUGH THE SITE OR OTHER SITES ACCESSED FROM THE SITE, REGARDLESS OF WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER WE ARE OR HAVE BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS PARAGRAPH DOES NOT AFFECT OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

USER INFORMATION

In the course of using the site, you may be asked to give us personal information (known as “user information”). Our user information collection and use policies are set out in the Privacy and Cookie Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your user information.

INDEMNITY

You agree to compensate us and our officers, directors, agents, employees and representatives in full for any loss, damage or cost arising from your use of the site, any of its services or information accessible through the site, including information obtained from interfacing sites, your submission or transmission of information or material on or through the site or interfacing sites, or your violation of these Terms of Use, the terms of use of interfacing sites, or any other laws,regulations and rules.
You also agree to compensate us and our officers, directors, agents, employees and representatives in full for any loss, damage or cost resulting from any claims that any information or material you have submitted or will submit 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 or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and you agree to cooperate fully with us in any such defences.

RESTRICTION, SUSPENSION AND TERMINATION

We may restrict, suspend or terminate your access to the site and/or your ability to use any of its services, including interactive services, at any time if we believe that you have breached these Terms of Use. Any restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms of Use. We may also remove the site as a whole or any sections or features of the site at any time. Please note that we can trace your IP address and, if necessary, contact your internet service provider in the event that we suspect you’ve breached these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use, including our Privacy & Cookie Policy, constitute the entire agreement between you and us in relation to your use of the site. They supersede any prior promises, representations, agreements, statements and understandings of any sort between us. To the extent that software is available through the site, such software may be subject to a licence agreement that’s distributed or included with it, and you agree to abide by the Terms of Use of any such licence agreements. Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 that provision, and the other provisions of the Terms of Use will remain in full force and effect. We may, at our option, cede, assign or otherwise transfer any or all of our rights and obligations under the Terms of Use to any third party or parties at any time.

COPYRIGHT AND IP AGENT FOR THE US

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, phone 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 believe in good faith 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 • 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, 801 Main Avenue, Norwalk, CT 06851 Attention: Evan Gourvitz, Sr. Counsel Litigation, Intellectual Property Phone: 01 203 229 4264 Fax: 203 229 8925 Email: copyright@diageo.com We may not be able to remove linked content that’s hosted by interfacing sites. You may need to ask the appropriate interfacing site to remove your work.

EXPORT CONTROLS

To the extent that software or technical data is accessible through the site, such software or technical data may be subject to export, re-export and/or import controls imposed by the US or any other jurisdiction, and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the US has placed an embargo or which is subject to relevant export restrictions; (b) anyone on the US Treasury Department's Specially Designated Nationals list; or (c) in violation of the US Commerce Department's Table of Denial Orders.

LAW AND JURISDICTION

These Terms of Use, including the Privacy and Cookie Policy and any matter relating to the sites (including any non-contractual disputes or claims), will be governed by English law without regard to its conflict of law rules. Any legal proceeding arising from or relating to these Terms of Use that’s against or relating to us or any party indemnified under these Terms of Use will be subject to the exclusive jurisdiction of any court sitting in England, and you hereby irrevocably consent to the jurisdiction of such courts.

UPDATE SUMMARY

Description of substantive revisions from prior version: None as at 03/31/2014 © [2014] [The James Trading Group Inc (registered in the U.S. with company number 13-3647764) and registered address 13 Highview Ave Orangeburg NY 10962. All rights reserved.