GENERAL TERMS OF USE
Dear user, please, before accessing this site, it is imperative that you read and accept the following "Terms and Conditions of Use". Havana Club promotes responsible attitudes towards drinking, and against alcohol abuse. Copyright © 2022. Havana Club. All rights reserved.
The following general terms and conditions of use (the "Terms and Conditions") govern your use of the Havana Club website, accessible through the address www.havanaclubmuseum.com, which includes, among others, the home page and all other pages under the same top-level domain name, as well as its internal content (the "Site"), as provided by Havana Club International S.A., ("Havana Club International S.A " or "we" or "us").
We may modify these Terms and Conditions from time to time, without notice to users, by posting such changes on the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICY AND COOKIE POLICY. If you do not agree to these Terms, you may not access or use the Site in any way. By using the Site following the posting of any changes to the Terms, you agree to be bound by such changes.
LEGAL NOTICE
Havana Club (the "Brand") is a trademark owned by Havana Club Holding S.A.
Editor
This website is owned and published by Pernod Ricard S.A., a company registered under the laws of France under number 582 041 943, with a share capital of 411 403 467.60 euros, and a registered office at 5, cours Paul Ricard, 75008, Paris, France. Pernod Ricard S.A. is the exclusive licensee of the Trademark.
Tel.: (33) 1 70 93 16 00
E-mail address: HC_contact@havana-club.com.
Chief Editor: Pauline BLANDIN
Hosting Company :
Panthéon – Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
Estados Unidos
Tel: + 01 (206) 266-4064
AGE REQUIREMENT TO USE THE SITE
To access or otherwise use the Site, you must be at least the legal age to purchase alcohol in the territory in which you reside or from which you access the Site (as applicable). If you are not, please leave the Site.
In some countries, accessing a site such as ours is prohibited because local laws restrict or prohibit the sale or promotion of alcoholic beverages in general or of certain Pernod Ricard products specifically. If you are accessing this Site from a country where such restrictions or prohibitions apply, please log off immediately. If you are not familiar with the laws of your country in this regard, we recommend that you leave the Site and consult your rights before continuing.
Some content on the Site may contain material that may be considered inappropriate or offensive. If so, please do not visit this Site.
INTELLECTUAL PROPERTY RIGHTS
- The entire content of the Website including, but not limited to, text, photographs, graphics, images, icons, trademarks, logos, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the property of HCI or other companies related to HCI that own intellectual property rights to the Havana Club brand or other brands in the Pernod Ricard Group's brand portfolio. Under no circumstances will these rights of use be transferred to the User or the Client in accordance with current intellectual property regulations.
- The intellectual property rights associated with the Products, domain names, and any other intangible property subject to protection, shall remain at the disposal of their owners and may not be transferred or modified in any way, in the access and use of the Website.
- The Website may be linked to other websites where Havana Club and/or Pernod Ricard products are offered, however, it remains independent from all of them.
- All Website content including but not limited to texts, photographs, graphics, images, icons, trademarks, logos, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are property of HCI or other related companies to HCI that hold intellectual property rights of the Havana Club brand or other brands of the Pernod Ricard Group brand portfolio. Under no circumstances are these rights of use assigned to the User or the Client pursuant to current intellectual property regulations.
- The intellectual property rights associated with the Products, domain names, and any other intangible property subject to protection, shall remain at the disposal of their owners without being transferred or modified in any way, when accessing and using the Website.
- The Website may be linked to other websites where Havana Club and/or Pernod Ricard products are offered, however it remains independent from all of them.
– Protection of the Site and its content by intellectual property rights
The Site itself, its architecture, its presentation, its graphic standards and everything it contains, as well as the materials (texts, graphics, diagrams, logos, drawings, images, etc.) published therein are protected by intellectual property rights, including copyright (hereinafter, the "Protected Elements"). We are the owner and/or the authorized user of such Protected Elements.
By virtue of the following list, which is not intended to be exhaustive, you may not perform the following specific actions:
– reproduce, copy, modify, assemble, recreate, distribute, perform, display, show, broadcast, publicly display, transfer, transmit, publish, sell, attribute, transfer, make available to a third party or market, all or part of the Protected Elements, nor create a derivative work of the Protected Elements or otherwise sublicense, nor;
– modify or alter all or part of the Protected Elements for the purpose of gaining unauthorized access to the Site or accessing the Site by any means other than through the user space connection interface provided for that purpose by the Site.
– Trademark protection
We are the authorized user of the Trademark and all related logos, labels and designs appearing on the Site. We do not grant you any license to use them by including them on the Site.
Users further agree and acknowledge that we may use in any way any ideas, concepts, methods, systems, drawings or designs, plans, techniques or other similar materials that they submit or otherwise communicate to the Site ("Submissions"). Users grant Pernod Ricard S.A. or any of its affiliates or subsidiaries the exclusive worldwide, irrevocable, royalty-free rights to the Submissions for any and all purposes, including, without limitation, reproduction, downloading, posting, posting, sale, licensing in any field or fields and by any method now known or later developed.
In the event that you retain ownership of the moral rights in the Submissions (including the rights of authorship in and to the Submissions), you hereby represent that (a) you do not require any personally identifiable information to be associated with the Submissions, or with derivative/updated works of the Submissions; (b) you will not object to the reproduction of the Submissions by us, our assignees, beneficiaries or any person to whom we have granted a license; and (c) to the fullest extent permitted by law, you hereby waive any and all moral rights you may have in the Submissions.
PERSONAL INFORMATION:
In using the Site, users may be asked to provide, and we may collect, certain information about them and their use of the Site (hereinafter referred to as "Personal Information"). Pernod Ricard S.A.'s policies regarding the collection and use of users' Personal Information are available in the Site's Privacy Policy. The user agrees to be solely responsible for the accuracy and content of his or her personal information, as well as for updating it.
NON-CONFIDENTIAL:
Users agree and acknowledge that by using this Site, all communications or information transmitted to or through the Site will not be treated as secret or confidential information.
USER BEHAVIOR:
Users warrant and agree that, in using the Site, they will not upload, post, transmit, distribute or otherwise publish through the Site any material that: (a) is protected by copyright or other intellectual property right, or derivative works with respect thereto, except as otherwise permitted by this statement or approved in advance by the owner of such rights; (b) is unlawful, threatening, harassing, obscene, tortious, defamatory, vulgar, deceptive, fraudulent, contains graphic or explicit descriptions or depictions of sexual acts (including, without limitation, sexual language of a threatening or violent nature directed at another person or group of persons), invasive of another's privacy, or hateful, (c) restricts or inhibits any other user from enjoying and using the Site, (d) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability, or (e) contains viruses or other harmful components, advertising of any kind, or false or misleading statements of fact or statements of origin. Users further warrant and agree that they will not: (a) impersonate any other person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or otherwise exploit any information or material obtained through the Site for commercial purposes (except as expressly permitted by the provider of such information or material); (c) send spam or conduct flooding attacks; or (d) attempt to gain unauthorized access to other computer systems through the Site. Except as expressly authorized herein, users may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself, or any derivative works thereof, as the Site and any component thereof are protected by intellectual property rights, including copyrights. We shall have no obligation to monitor any content on the Site and undertake no obligation to do so. Users represent and agree, however, that we retain the right to monitor the Site and to disclose any information that may be necessary or appropriate to comply with any law, regulation or other law enforcement request, to operate the Site properly or to ensure the protection of the Site and our users. We will not intentionally monitor or disclose any private e-mail messages unless we are required to do so by law. We reserve the right to refuse to post and the right to remove information or materials, in whole or in part, that, in our sole discretion, are objectionable, objectionable, inappropriate or in violation of these Terms. Users agree to defend, indemnify and hold Pernod Ricard S.A. and its directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and other legal costs, arising out of your use of the Site or the posting or transmission of any message, information, software or other materials on or through the Site.
RESPONSIBLE CONSUMPTION OF ALCOHOL
The user guarantees and accepts to have reached the minimum legal age required to consume and/or purchase alcohol stipulated by the legislation of his/her country of residence. No website or account (Twitter, Instagram, YouTube, Facebook, etc.) related to the brand should be shared with persons who have not reached the legal age to consume alcohol.
Havana Club Holding S.A. and the other companies of the Pernod Ricard Group are deeply committed to promoting a culture of responsible alcohol consumption and the proper use of their products.
To this end, we have launched a wide range of initiatives in partnership with a large number of organizations, including industry associations, regulators and government representatives.
By using the brand's websites or social media accounts, the user agrees to upload, post or transmit content related to the promotion of responsible drinking and not to encourage inappropriate or unmoderated consumption of our products. In compliance with such agreement, the user agrees not to upload, post, transmit or distribute in any way through websites and social media accounts any material that:
- present to persons who are or appear to be underage, particularly when consuming alcoholic beverages;
- has been made by persons under the legal drinking age;
- encourages minors to purchase and/or consume alcoholic beverages, or to consume them illegally, irresponsibly or without moderation;
- promotes excessive consumption and in any way condemns or criticizes the personal choice not to drink alcohol;
- describe irresponsible alcohol consumption as something positive or associate it with driving, operating any type of machinery or participating in activities that involve danger;
- insinuates that alcoholic beverages contribute to sexual success or generate a physical, psychological or intellectual benefit;
- implies that alcoholic beverages build confidence or help overcome personal or social problems;
- magnifies the potency of alcohol or the intoxicating effects of an alcoholic beverage; or
- mention alcohol consumption in connection with any type of illegal, antisocial, dangerous, aggressive or violent behavior.
We reserve the right to remove any contribution that violates these rules in any way.
For more information about our commitment: http://www.disfrutadeunconsumoresponsable.com/social-responsibility ".
EXCLUSION OF WARRANTIES:
THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF INFORMATION OR UNINTERRUPTED ACCESS, WARRANTIES RELATING TO THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERNOD RICARD S.A. DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES OR CONTENT WILL BE PROVIDED IN A TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE MANNER OR THAT DEFECTS WILL BE CORRECTED. PERNOD RICARD S.A. MAKES NO WARRANTY THAT THE SITE WILL MEET THE NEEDS OF USERS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM PERNOD RICARD S.A. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY DEFINED HEREIN. IN THE EVENT THAT USERS ARE DISSATISFIED WITH THE SITE, THEIR SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERNOD RICARD S.A. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, MATERIALS AND FUNCTIONS, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS OR LOSS OF SALES, EVEN IF PERNOD RICARD S. A. OR SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME TERRITORIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL PERNOD RICARD S.A. BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY ANY USER OR PERSON OR OTHERS ON THEIR BEHALF THROUGH THE SITE. IN NO EVENT SHALL PERNOD RICARD S.A.'S TOTAL LIABILITY TO USERS FOR ANY DAMAGES, LOSSES AND ACTIONS (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE IN ANY EVENT NOT EXCEED THE AGGREGATE AMOUNT OF €100 (ONE HUNDRED EUROS).
LINKS FROM AND TO THE SITE:
You represent and agree that we shall have no responsibility or liability for the accuracy or availability of information provided by web sites that link to or from this Site (the "Linked Sites"). The decision to link is your decision and you alone are responsible for activating the links. The creation of links from the Site requires our prior written consent, which may be requested by e-mail at the following address: HC_contact@havana-club.com. Links to and from linked sites do not constitute any endorsement or association with Pernod Ricard S.A. of such sites or their content, products, advertising or other materials presented therein. Pernod Ricard S.A. does not create, edit or monitor such linked sites. You represent and agree that Pernod Ricard S.A. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such Linked Sites.
LEGISLATION IN EFFECT:
This Site is operated from France. In all matters relating to this Site, the applicable law shall be the law of France. We make no representation that materials on the Site are appropriate or available in other territories. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws to the extent local laws are applicable. Users of the Site are governed by their domestic laws regarding access to networks, and the age for accessing such sites, as well as the regulations of the country where you reside and from which you access, and agree to the HCI and or HCI and/or Pernord Ricard related companies Alcoholic Beverage Consumption Policy, aimed at responsible consumption, available at "havana-club.com/social-responsaibility " As a consumer, you will benefit from all mandatory provisions of the local laws of the country of residence. Nothing in these General Terms and Conditions shall affect your right, as a consumer, to take advantage of these provisions.
1. INVALIDITY AND NULLITY CLAUSE:
- If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall remain in force in all other respects and such provision shall be considered totally or partially as not included.
VARIOUS ISSUES:
We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, without limitation, its content, functionality or hours of availability. We may also impose limits on certain features of the Site or restrict user access to all or part of the Site without notice or penalty.
If any provision of these Terms and Conditions shall be unlawful, void or unenforceable, such provision shall not affect the validity of any other provision.
Last update: October 30, 2020
