TERMS & CONDITIONS
This Site is intended for use by you only if you are of legal age to purchase alcohol in your
country of residence and in the country from which you are accessing the site. If you do not
fall within this category, you may be in breach of laws or regulations applicable in your
country of residence or in your country of access and you should leave the Site
immediately.
IF YOU DO NOT ACCEPT THESE TERMS and CONDITIONS PLEASE LEAVE THE SITE
NOW.
This Site is made available by The VMI Limited Co. The VMI Limited Co. and its
subsidiaries, affiliates, parent companies and any of their related businesses are referred
to in these Terms and Conditions as WE, US or OUR.
1. Rights - All rights in all material and content (including, but not limited to, text, images,
web pages, sound, software (including, code, interface and website structure) and video,
and the look and feel, design and compilation thereof) at this Site are owned by us or our
licensors. You agree that you are permitted to use this material and/or content only as set
out in these Terms and Conditions or as otherwise expressly authorized in writing by us or
our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform,
distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make
available to any person, or create derivative works of such material or content.
2. Intellectual Property - We are the owner and/or authorized user of all trade marks,
service marks, design marks, patents, copyrights, database rights and all other intellectual
property appearing on or contained within the Site, unless otherwise indicated. Except as
provided in these Terms and Conditions, use of the Site does not grant you any right, title,
interest or license to any such intellectual property you may access on the Site. Except as
provided in these Terms and Conditions, any use or reproduction of the intellectual
property is prohibited.
3. Copying - You may view this Site and you are welcome to print hard copies of material on
it solely for your lawful, personal, non-commercial use. All other copying, whether in
electronic, hard copy or other format, is prohibited and may breach intellectual property
laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit,
publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make
available to any person, or create derivative works of such material, or use it for
commercial purposes, without our prior written consent. All other rights are reserved.
4. Acceptable Usage Policy - This Site may contain discussion groups, bulletin boards, chat
rooms and other interactive services. We do not actively monitor use of our discussion
groups, bulletin boards or chat rooms. Similarly, we do not exercise editorial control over
the content of any third party sites, electronic mail transmission, text message, news group,
bulletin board, chat room or other material created or accessible over or through the Site.
As a result, you may be exposed to content on the Site or on sites accessible over or
through the Site that you find offensive or objectionable. However, we do reserve the right
to monitor our discussion groups, bulletin boards, chat rooms and other interactive portions
of the Site and to remove any content which, in our sole discretion, constitutes a misuse of
these interactive services and may restrict, suspend or terminate your use of these
services or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of the interactive services:
*. using the services for any improper, unlawful or immoral purpose, causing any nuisance
by your use of the services or causing the operation of the services to be jeopardized or
impaired;
a. using the services to create, host or transmit (whether in a live chat room, on a bulletin
board 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;
b. using the services to harm, or attempt to harm, minors in any way;
c. using the services 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;
d. using the services to create, host or transmit material which infringes the copyright,
trademark, patent, trade secret or other intellectual property or proprietary rights of any
other party;
e. using the services to create, host or transmit unsolicited advertising material to other
users;
f. using the services to create, host or transmit any material that harasses another;
using the services to make fraudulent offers to sell or buy products, items or services;
g. adding, removing or modifying identifying network header information in an effort to
deceive or mislead;
h. using the services to access, or to 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 system, or telecommunications systems;
i. using the services 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;
j. using the services for any activity which adversely affects the ability of other people or
systems to use the services or the internet generally;
k. reselling, repurposing or redistributing any services provided by us our contractors or
our licensees without our prior written consent; or impersonating any person or entity or
using a false name that you are not authorized to use.
This list only serves to provide examples and is not meant to be an exclusive list of the type
of misuses of the interactive services that may result in the restriction, suspension or
termination of your access to the Site. Due to the global nature of the internet, users
hereby agree to comply with all local rules regarding on-line conduct and acceptable
content. Users also agree to comply with any applicable rules regarding the export of any
data from any country.
The opinions expressed in live chat rooms and/or posted on bulletin boards or on other
interactive services are not necessarily ours. Any statements, advice and opinions made by
such participants are those of such participants only. We neither endorse nor shall be held
responsible for any such statements, advice or opinions.
5. NO WARRANTIES - THIS SITE IS PROVIDED AS IS, AND YOUR USE THEREOF IS AT
YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM
VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, 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 SITE WILL BE SAFE FROM
UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR
SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
6. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE PERSONS,
COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE
ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
7. Your responsibility - You should always verify the information set out in this Site with
independent authorities before acting or relying on it. It is your responsibility to use virus
checking software on any material downloaded from this Site and to ensure the
compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you
warrant that you have received that third parties consent in relation to such disclosure and
that the third party has been informed of, and agrees to, our Privacy Statement and the
uses which we may make of such information.
8. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY
FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR
OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM
ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES
ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES
FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY
INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF
ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND
CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED,
IN THE AGGREGATE, $100.00 (US).
9. Materials submitted by you - Unless specifically requested, we do not solicit nor do we
wish to receive any confidential, secret or proprietary information or other material from you
through the Site, any of its services, by email, or in any other way. Any information or
material submitted by you, and which has not been specifically requested by us, will be
deemed not to be confidential, secret or proprietary. You agree that any information or
materials submitted by you to this Site, whether ideas, creative concepts or other materials,
may be used, reproduced and disclosed by us without restriction for whatever purpose we
deem 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 SHALL 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 excluded.
10. User Information - In the course of your use of the Site, you may be asked to provide
personal information to us (such information referred to hereinafter as USER
INFORMATION). Our information collection and use policies with respect to such User
Information are set forth in the Site Privacy Statement, which Privacy Statement is
incorporated into these Terms and Conditions by reference. You acknowledge and agree
that you are solely responsible for the accuracy and content of the User Information.
11. Links from and to the Site - You acknowledge and agree that we have no responsibility
for the information provided by Web sites to which you may link from this Site (LIKED
SITES). Links to Linked Sites do not constitute an endorsement by or association with us of
such sites or the content, products, advertising or other materials presented on such sites.
We have no control over these Linked Sites and do not edit or monitor them. 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 use of or
reliance on any such content, goods or services available on such Linked Sites.
12. Indemnity - You will indemnify us against any loss, damage or cost incurred by us
arising out of your use of the Site, any of its services or any information accessible over or
through the Site, including information obtained from linked sites, your submission or
transmission of information or material on or through the Site or your violation of these
Terms and Conditions or any other laws, regulations and rules. You will also indemnify
against any claims that information or material which you have submitted 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 of any other intellectual property right). We reserve the right to exclusively
defend and control any claims arising from the above and any such indemnification matters
and that you will fully cooperate with us in any such defenses.
13. Restriction, Suspension and Termination - We may restrict, suspend or terminate your
access to the Site and/or your ability to avail of any of the services on the Site, including
interactive services, if we believe that you have breached these Terms and Conditions at
any time. Any such restriction, suspension or termination will be without prejudice to any
rights which we may have against you in respect of your breach of these Terms and
Conditions. We may also remove the Site as a whole or any sections or features of the Site
at any time. Please note that we have the ability to trace your IP address and if necessary
contact your ISP in the event of a suspected breach of these Terms and Conditions.
14. Entire Agreement - These Terms and Conditions, including our Privacy Statement,
constitutes the entire agreement between you and us in relation to its subject matter and
supersedes any and all prior promises, representations, agreements, statements and
understandings whatsoever between us. To the extent that software is available through
the Site, such software may be subject to a license agreement that is distributed or
included with such software and you agree to abide by the terms and conditions of any
such license agreements. The failure by us to exercise or enforce any right or provision of
the Terms and Conditions shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent jurisdiction to be
unenforceable or invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the other provisions of
the Terms and Conditions shall remain in full force and effect.
15. Copyright and IP Agent for the United States - 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, telephone 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 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 authorised to act on the
copyright owner’s behalf.
Copyright Agent:
VMI Limited Co.
2295 S. Hiawassee, Suite 409
Orlando, FL 328351
(321) 293-0520 T
(321) 293-0521 F
16. Law and Jurisdiction - These Terms and Conditions, including the Privacy Statement
and any matter relating to this Site, shall be governed by laws of the State of New York. To
the extent that software is accessible through this site, such software may be subject to
export, re-export and/or import controls imposed by the United States or any other
jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to
a national or resident of ) any country to which the U.S. has placed an embargo, including
without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone
on the U.S. Treasury Departments Specially Designated Nationals list, or (c) in violation of
the U.S. Commerce Department’s Table of Denial Orders. If you download or use the
software, you represent and warrant that you are not located in, or under the control of, or
a national of, any such country or on any such list.
RU Responsible? Don’t Drink and Drive
© 2007 VMI Limited Company