2. Who we are. This Website is operated by Heineken UK Limited, a company registered in Scotland under company number (SC065527) with registered office at 3-4 Broadway Park, South Gyle Broadway, Edinburgh EH12 9JZ. Our VAT number is GB 268 644912. To contact us, please e-mail us at Consumercare@heineken.co.uk
3. No entry for under-aged persons. This Website is intended only for residents in the UK of at least 18 years of age. Do not use this Website if you are younger than 18 and/or not resident in the UK. Date of birth verification is required to gain access of the Website and prompts may be located within the Website. Do not share or forward this Website to anyone under 18 years of age or anyone who is not resident in the UK.
7. Accessibility. We are committed to making the Website fully accessible. Using the guidelines set out by the W3C (World Wide Web Consortium) we aim to have our Website conform to a WAI (Web Accessibility Initiative) rating of 'A'. CSS & HTML markup complies with W3C guidelines up to priority 1.
8. Intellectual Property and Use of the Website. This Website contains material which may include but not be limited to audio, graphics, sound and video recordings, charts, text, databases, information, or images of places or people and any names, copyright, registered designs, logos, trademarks and/or service marks (“Materials”) which are owned by or licensed to Heineken and protected by international copyright, trade mark and other intellectual property laws. By using this Website, you acknowledge and agree that any Materials on this Website, are owned or licensed by Heineken. You shall not be permitted to reproduce, modify, reverse engineer, distribute, exploit, decompile, create derivative works of (or based on) these Materials, or do any other act which is otherwise than for your own personal use in the UK or in respect of which Heineken has provided its express prior written consent. Heineken will enforce its intellectual property rights to the fullest extent of the law. Any unauthorised 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 passing off.
9. Changes. Although the Materials and information on the Website are based on up-to-date information, and while Heineken makes all reasonable efforts to ensure that all content, information and Materials on this Website are correct, accuracy cannot be guaranteed and Heineken makes no warranties or representations of any kind as to its accuracy. If the need arises to update our Website, we may suspend access to our Website, or close it indefinitely.
10. User Submissions – Confidentiality. By using this Website you acknowledge and agree that any information, material or communication of any kind that you transmit, send or post to this Website, in any manner and for any reason (“User Submission”), will not be treated as confidential. You acknowledge and agree that Heineken has no obligation to use any idea or other material contained in any User Submission, and that you have no right to compel any such use. You acknowledge and agree that, as transmissions over the internet are never completely private or secure, any User Submission you send to this Website may be read or otherwise intercepted by a third party. Heineken does not assume and shall not have any special responsibility to you by virtue of your sending any User Submission to Heineken. Heineken does not accept or consider any creative ideas, concepts, suggestions or other materials from the public, and therefore you should not make any such submission to Heineken in any User Submission either through this Website or otherwise.
12. User Submissions – Lawful Use. In connection with User Submissions, you agree that you will not: (i) publish falsehoods or misrepresentations that could damage us or any third party; (ii) submit material that is unlawful, obscene, defamatory, threatening, indecent, seditious, offensive, abusive, pornographic, harassing, hateful, discriminatory, scandalous, inflammatory, blasphemous, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit material that could promote the excessive, irresponsible or underage consumption of alcohol; (iv) submit photographs of anyone under the age of 25; (v) submit material which is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the Website (including without limitation by hacking); (vi) post advertisements or solicitations of business; (vii) impersonate another person; or (viii) violate another person’s right to privacy. Notwithstanding that Heineken or other parties are involved in creating, producing or delivering this Website and may, from time to time, monitor or review transmissions, postings or discussions, Heineken assumes no responsibility for any liability that might arise from the content posted on the Website, including without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or invasion of privacy.
13.User Submissions – Opinions. Heineken does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
15. Linking from our Website. Although this Website 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. These links will lead you to sites operated by third parties that operate under different privacy policies and we encourage you to review these privacy policies as we have no control over the information you may submit to those third parties. By entering this Website you acknowledge and agree that Heineken has not reviewed all sites linked to this Website and is not responsible for the content of any off-Website pages. Your linking to or viewing of any off-Website pages or other sites is at your own risk. We disclaim 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.
16. Linking to our Website. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site. You must obtain our prior written permission to link any off-homepage pages to your website and we reserve the right to refuse permission at our sole discretion. We reserve the right to withdraw linking permission without notice.
19. Disclaimer. Any use and/or browsing of this Website is performed at your own risk. This Website (including, without limitation, all information, content, materials and functions made available on or through this Website) 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 this Website, 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 this Website by any visitor to our site or by anyone who may be informed of any of its contents; or (b) that the server or means that you use to access the server that makes this Website 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 this Website.
20. Limitation of Liability. Under no circumstances, including but not limited to Heineken’s negligence, will Heineken, Heineken’s group companies or any third party involved in creating, producing, hosting or delivering this Website, 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 this Website, or through your downloading of any materials, 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 or the same is considered reasonably foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. 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 of the Website, or your downloading of any Materials from the Websites. In no event shall Heineken’s total liability to you for all damages, losses and causes of action (whether arising in contract, tort or otherwise) exceed the amount paid by you, if any, for access to the Website.
22. Reporting 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 Website. If you believe any materials on any part of the Website infringe a copyright, you should provide Heineken with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed 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 authorised 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
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