Welcome to www.ballantines.com/loudblue. The following terms and conditions of use (the Terms and Conditions) govern your use of the web site at www.ballantines.com/loudblue, which shall include, without limitation, the home page, micro-sites, splash page, and all other pages under the same top level domain name, all third party web sites branded by Ballantine’s and all content thereon (the Site) as provided by the website operator, Chivas Brothers Limited, a company registered in Scotland under company number SC268758 and with a registered office at 111-113 Renfrew Road, Paisley, Scotland PA3 4DY (Chivas or we). This Site is not sponsored, endorsed, administered or associated with Facebook.
If you wish to use this Site you agree to abide by the following terms and conditions and the terms of our Privacy Policy. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Age-Restriction: This Site may only be used and accessed by persons (i) who are of legal age to purchase and consume alcoholic beverages in the jurisdiction in which they reside or, where they are accessing the Site from a different jurisdiction, in the jurisdiction from which they are accessing the Site and (ii) where the sale, consumption and advertising of alcohol is permitted in the relevant jurisdiction.
Content Restrictions: Visitors are solely responsible for any information or materials submitted by you through the Site, whether names, personal information, photographs, films, stories, music, ideas, creative concepts, other materials, information or data of any kind and in any format and other content you post on and through the Site (“User Content”). We reserve the right to delay publication of User Content to the Site at all times for the purposes of our approval processes. We further reserve the right to remove any User Information or any other content from the Site at any time for any reason. Due to our commitment to promoting a message of responsible drinking, we require our users to be sensible, responsible and considerate when interacting with this Site. We will monitor User Information and ensure that it complies with our Corporate Social Responsibility policies. We do not allow any User Content which:
(a) features someone who is or appears to be under the legal drinking age or is made by someone under the legal drinking age;
(b) encourages underage purchase or drinking of alcoholic beverages;
(c) encourages illegal, irresponsible or immoderate drinking;
(d) promotes over-consumption;
(e) condemns or criticizes in any way anyone who chooses not to drink alcohol;
(f) portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging in any kind of dangerous activity;
(g) implies alcoholic beverages have any physical, psychological or intellectual benefits;
(h)implies alcoholic beverages gives bravado, confidence or helps to overcome individual or social
problems;
(i) implies alcoholic beverages consumption contributes to any kind of success (for instance in the field of personal relationships, social success, popularity, work, sports or suggest that it can enhance mental or
physical performance) ;
(j) glorifies the alcohol strength, relatively high alcohol content or intoxicating effect of a drink;
(k) mentions drinking alcohol in relation to any kind of illegal, antisocial, dangerous, aggressive or violent
behavior;
(l) it will not include content which infringes upon the rights of any third party including, without limitation,
intellectual property rights, privacy, publicity or other personal or proprietary right;
(m) will not include content that is or could reasonably be considered to be hateful, defamatory,
it discriminatory, obscene, abusive, threatening, offensive or pornographic or that incites violence or
contains nudity or graphic or gratuitous violence or depicts any illegal activity;
(n) it will not constitute or encourage conduct that would constitute a criminal offence or give rise to civil
liability;
(o) it will not include content that references ammunition and/or firearms or the sale of tobacco products.
By submitting User Content to the Site, you represent and warrant that the User Content is original to you and that no other party has any rights to it or that you have obtained all required consents and permits to enable you to submit the User Information to the Site and for it to appear on the Site. Visitors agree that the User Content will not include content in breach of the content restrictions set out in paragraph 2 above. Visitors fully indemnify us for breach of these warranties and guarantees.
How Chivas may use User Content: By submitting or sending User Information to the Site or to Chivas,
you grant Chivas the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub- licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In particular, you give consent to the use of your Photograph in promotional materials and a music video which may be created using Photographs submitted by Users to the Site and showcased online, on any Ballantine's digital platforms (including all territories for Client sites, including but not limited to Ballantine's (www.ballantines.com) and social networks including Facebook, MySpace, YouTube, Flickr, Twitter, blogs. and online advertising, Banners and Emails), on television, on screen
at a live event, and any other place we see fit for this campaign. You also warrant that any moral rights in posted materials have been irrevocably waived in favour of Chivas. To the extent permitted by law, we shall have no liability for any loss or damage suffered by you as a result of the use or disclosure of any of the User Content. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information.
How other Users can use your Photograph: Please remember the Site is a public platform and other
users may search for, see, use and share any Photograph that make publicly available through the Site. In particular, other Users can search Photographs using Twitter usernames, key words, hashtags, and geo-location. Other Users can share your Photograph and any attached personal information such as Twitter username, associated Tweet, time of post, and geo-location using Twitter, Facebook, Pinterest and e-mail.
How long we keep your Photograph: Each photograph submitted to the Site will be stored for 5 years on a secure server, after this date the relevant photograph will be deleted. If you request for your photograph to be removed from the site, an administrator will process this request within two (2) business days. We may retain your Photograph for a commercially reasonable period of time for backup, archival or audit purposes. Please note that following removal from the Site, we cannot control other Users who copied, downloaded or shared a Photograph posted by you on the Site prior to removal.
User Information and Privacy Policy: In the course of your use of the Site, you may be asked to provide and we may collect certain information about you and your use of the Site. Chivas' information collection and use policies with respect to such User Information are set forth in the Privacy Policy. The Privacy Policy also contains information relating to cookies. By using the Site, you agree to be bound by the Privacy Policy and you acknowledge and agree that you are solely responsible for the accuracy, content and updating of your User Information.
No Confidentiality: You agree and acknowledge that by using this Site, any and all communications
and/or information transmitted by you to or through the Site will not be treated as confidential or secret. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law.
Social Media Platforms and other Links from and to the Site: The Site may include links to social media platforms including without limitation Facebook, Instagram, Twitter, Youtube and Flickr (“Social Media Platforms”). As part of the Services Available on the Site and your use generally of the Site, you may follow a link to Social Media Platforms from the Site, you may share the Site link or a link to certain parts of the site on Social Media Platforms, you may upload to the Site photographs or other content which are already stored on Social Media Platforms (provided always such photographs and/ or content are owned by you), you may identify third parties on the Site by reference to their identities on Social Media Platforms (provided always the consent of those third parties has been obtained by you) or you may interact between the Site and Social Media Platforms in any other permitted way. In these circumstances, you agree to comply with the Terms and Conditions and the terms and conditions of the Social Media Platforms used. Please note that use of the Social Media Platforms is governed by separate terms and conditions and privacy policies which can be found on the websites of the Social Media Platforms accessed.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (Linked Sites). Links to Linked Sites do not constitute an endorsement by or association with Chivas of such sites or the content, products, advertising or other materials presented on such sites. Chivas does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Chivas is not 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, goods or services available on such Linked Sites.
Changes to the Site and these Terms: We may without prior notice change the Site, add features, stop
providing the Site or features of the Site or create usage limits for the Site. We may modify or update these Terms from time to time. Your continued use of the Site after any such change constitutes acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access the Service.
Indemnity: You agree to defend, indemnify and hold Chivas, its directors, officers, employees, agents
and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials or through the Site by you.
DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT,
FUNCTIONS AND MATERIALS IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. CHIVAS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS,
FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CHIVAS MAKES NO WARRANTY
THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHIVAS OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY: TO THE EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT SHALL
CHIVAS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT
OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE LOSS OR DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY
RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS
OR FUNCTIONS RELATED THERETO INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR
REVENUE, LOSS OF ANTICIPATED PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS,
LOSS OF DATA, LOSS OF GOODWILL OR LOSS OF BUSINESS, EVEN IF CHIVAS OR SUCH
INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL LOSS OR DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO CERTAIN USERS. IN NO EVENT SHALL CHIVAS BE LIABLE FOR OR IN CONNECTION WITH ANY
CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER
OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF
CHIVAS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
DELICT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING
FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE,
£100.00.
Applicable Laws: We control and operate the Site from our offices in the United Kingdom. In all matters relating to the Site and these Terms and Conditions, the applicable law shall be the law of England and Wales. All viewers and users of the Site agree to submit to the exclusive jurisdiction of the English Courts.
The laws of England and Wales are applicable when using the Site. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Modifications to the Site: We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
Copyright Act Agent: 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 send the following information in writing (which shall be deemed to include by email) to the Copyright Agent named below:
• Your address, 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 on the Site;
• A statement by you that you have a good faith belief 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; and
•A statement by you, made under penalty of perjury, that the above information that you provide is
accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Copyright Agent:
Legal Director
Chivas Brothers
111/113 Renfrew Road
Paisley
Scotland
United Kingdom
Site Administrators: loudbluebrasil@ballantines.com
Last Updated: August 2012