1.1. Governing Agreement
The terms of this agreement (“Terms of Service”) govern the relationship between you and Pernod Ricard USA (hereinafter “Pernod” or “Us” or “We”) regarding your use of Aberlour US website, www.aberlour.com/us (the “Service”). In this agreement, “Pernod” means Pernod Ricard USA, located at 100 Manhattanville Rd., Purchase, New York 10577.
1.3. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Pernod policies, Pernod grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using a computer or mobile device with a web browser (such as Mozilla Firefox or Microsoft Internet Explorer) solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose, as further defined in Section 1.6 below.
1.4. Accessing the Service
1.5. Use of the Service
The following restrictions apply to the use of the Service: • You agree that you are over the age of 21 ; • You accept full responsibility for any unauthorized use of the Service by those under the age of 21; • You shall not have more than one Account, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself; • You shall not have an Account or use the Service if you have previously been removed by Pernod, or previously been banned from playing any Pernod game; • You shall use your Account only for non-commercial purposes; • You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone; • You shall not use your Account to engage in any illegal conduct; • You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Pernod’s written permission; and • You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Pernod’s permission. • If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
1.6. Account Information
1.7. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PERNOD WEBSITE IS A VIOLATION OF PERNOD POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not, under any circumstances: • Engage in any act that Pernod deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our Website mechanics or policies; • Make improper use of Pernod’s support services, including by submitting false abuse reports; or • Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; HACKING – You agree that you will not, under any circumstances: • Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, any Pernod website or any Pernod website experience; • Modify or cause to be modified any files that are a part of the Service or any Pernod website; • Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Pernod website environment (each a “Server”); or (2) the enjoyment of the Service or any Pernod website by any other person; • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Pernod , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service; OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances: • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Pernod employees, including Pernod’s customer service representatives; or • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Pernod employee; COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances: • Use the Service, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any Pernod game, or any part thereof at a cyber caf? computer gaming center or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game currency, items or resources for sale; • Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; or UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances: • Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Pernod website in any way not expressly permitted by these Terms of Service; • Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service or any Pernod game to store information about Pernod game characters, elements, or environment. Pernod may, at its sole and absolute discretion, allow the use of certain third party user interfaces; • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device; • Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; • Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; • Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by Pernod; • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Pernod website, or to obtain any information from the Service or any Pernod website using any method not expressly permitted by Pernod ; or • Copy, modify or distribute rights or content from any Pernod website, or Pernod’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service; COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances: • Solicit or attempt to solicit personal information from other users of the Service or any Pernod website; or • Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service. • upload or transmit (or attempt to upload or to transmit), without Pernod’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.8. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, PERNOD MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO PERNOD SERVICES OR PORTIONS THEREOF IF YOU ARE, OR PERNOD SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCESS TO USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. Pernod reserves the right to stop offering and/or supporting the Service part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Pernod shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
The Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-applications chat transcripts, server software) are copyrighted works of intellectual property wholly owned by Pernod-Ricard USA. Pernod reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Pernod is the owner and/or authorized user of any trademark, and/or service mark appearing on the Pernod Absinthe Brooklyn Art Guide, and is the copyright owner or authorized user of the content and/or information on the Aberlour Us website, unless otherwise indicated. This Aberlour Us website and all website pages are ?012, Pernod Ricard USA, all rights reserved. All other trademarks, service marks and logos used in this Website are the trademarks, service marks, or logos of their respective owners. All pages within this Website are the property of Pernod or their affiliates. Except as otherwise provided herein, use of the Aberlour Us website does not grant to you a license to any content, features or materials you may access on the Aberlour Us website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions or as permitted on the Aberlour Us website, for any purpose. You may, however, print one (1) copy of the information on the Aberlour Us website solely for your personal use or records. If you make other use of the Aberlour Us website, except as otherwise provided in Section 1.6, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Aberlour Us website. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Aberlour Us website, may be used by Us in any manner.
1.9.2. User Content
2. USER CONTENT
2.1. Content Screening
Pernod assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. If at any time Pernod chooses, in its sole discretion, to monitor the Service, Pernod nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Pernod cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it through the Service. Pernod shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. PERNOD IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Pernod assumes no responsibility or liability for this material. Pernod may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Pernod violates these Terms of Service. Pernod deserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
2.4. User Interactions
2.4.1 Member Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Aberlour Us website. Pernod reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ?542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3. THIRD PARTY ADVERTISING
3.1. Third Party Advertisements
4. Links to Third Party Sites And Dealings With Advertisers
Pernod may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Pernod makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Pernod and may collect data or solicit personal information from you. Pernod are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Pernod of these linked sites.
5. COPYRIGHT NOTICES/COMPLAINTS
It is Pernod’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Pernod reserves the right to terminate without notice any User’s access to the Pernod Service if that User is determined by Pernod to be a “repeat infringer.” In addition, Pernod accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. We respect the intellectual property rights of others, and require that the people who use the Aberlour Us Website 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, mobile telephone number, and email address; • A description of the copyrighted work that you claim has been infringed; • A description of where the alleged infringing material is located; • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; • An electronic or physical signature of the person authorized 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 authorized to act on the copyright owner’s behalf. Copyright Agent: General Counsel, Pernod Ricard USA, LLC 100 Manhattanville Road Purchase, New York 10577
6. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
6.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER PERNOD NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PERNOD PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE PERNOD PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PERNOD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PERNOD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE PERNOD PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PERNOD IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PERNOD ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PERNOD IS TO STOP USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold Pernod, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Pernod reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pernod, and you agree to cooperate with Pernod’s defense of these claims. Pernod will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
7. DISPUTE RESOLUTION
If a dispute arises between you and Pernod, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Pernod agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Pernod. must be resolved exclusively by a state or federal court located in New York City, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
7.3. Improperly Filed Claims
All claims you bring against Pernod must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Pernod shall be entitled to recover attorneys’ fees and costs up to $1000, provided that Pernod has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. GENERAL PROVISIONS
9.2. Supplemental Policies
Pernod may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Pernod are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pernod and which cannot be replaced by monetary damages alone so that Pernod shall be entitled to end Aberlour agreement