TERMS OF USE FOR THE SITE KIMBLANDDISTILLERY.COM

Welcome on this Site dedicated to the brand and accessible at the following URL www.kimblanddistillery.com (the “Site”). Please read carefully the following Terms of Use, which govern the use of this Site. By using this Site you are deemed to have accepted these Terms of Use without reserve.

1. ACCESS TO THE SITE

To access and use this Site you must be of legal drinking age within your country of residence (If no such laws exist in your country you must be over 21 to visit our site) and have an available and valid e-mail address.

The abuse of alcoholic beverages is dangerous for your health, drink responsibly.

This site is intended for the promotion of an alcoholic beverage. Please exit this Site if you are not of legal age of consumption or if you are in a country where the promotion and consumption of alcoholic beverages is not permitted.

You may be required to fill out required fields in an information form, indicated as such by an asterisk. In such event, you will be invited to fill out this form prior to entering the Site. Any inaccurate or incomplete registration will not be accepted.

You accept that the data submitted and stored in our information systems is accurate and acts as a proof of your identity. Please inform us as to any applicable change in such data.

Access to the Site and/or certain of its Segments may require the use of personal access codes. Ad these codes are considered personal, you have to take your own steps to ensure the confidentiality of these codes. You have the possibility to change them whenever needed. However, the number of attempts to access the Site and/or certain of its Segments may be limited in order to prevent fraudulent accesses and to protect your information. Please inform us of any fraudulent use that you may become aware of.

In the event of non-compliance with the rules described in these Terms of Use, we reserve the right to suspend your access to the Site. In such event we will inform you as soon as possible.

Even though we try to keep the Site accessible at all times, we cannot guarantee an access in all circumstances. In fact, and in particular for reasons of maintenance, or any other reasons which are beyond our control, access to the Site may be interrupted.

2. INTELLECTUAL PROPERTY
The Site and the elements that compose it (such as brands, images, text, videos, etc.) are protected by intellectual property rights. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting the Site for your strictly personal and private use. Any usage, reproduction or representation of the Site (in whole or in part) or of the elements which comprise it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, are not authorized. On an exception basis, we may expressly authorize to reproduce and/or represent all or part of the Site, on certain media. On this regard, any request for authorization must be submitted in advance to the following e-mail address: info@kimblanddistillery.com

3. USE OF THE SITE
In the first place, we would like to remind you that use of the Site implies that you have the necessary hardware and software resources to navigate on Internet.

Furthermore, we would like to remind you that Internet does not ensure the security, availability and integrity of data transmissions. Accordingly we cannot be held liable in the event of errors, omissions, deletions, delays, faults (including, but not limited to, by the actions of viruses), of the lines of communication, the hardware and the software which are not under our control or in the event of non-authorized use or possible degradation of the content published on this Site.

a. General obligations of the User

We defend the values of tolerance and respect of Others ‘Rights. Therefore this Site must not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit proposals.

In using this Site, you agree not to:

• Distribute, injurious, defamatory, non-authorized, malicious content, infringing on privacy or image rights, inciting violence, racial or ethnic hatred;
• Use the Site for political, promotional or proselytizing purposes;
• Publish promotional or advertising content;
• Divert the Discussion Space from its intended purposes, including, but not limited to, using it as a dating service;
• Distribute information or content capable of upsetting the sensibilities of the young;
• Conduct illegal activities, including, but not limited to, infringing on the rights as to software, brands, photographs, images, text, video etc.

We would like enforce that you must hold all rights and/or authorizations with respect to any applicable content that you wish to publish on this Site. In this regard, we recommend not publishing content (in particular photographs) showing recent architectural items, advertising creations, images of clothing designs in which the brand may appear (initials, logos, color code of the brand, etc.) and persons who have not specifically and personally authorized the use of their image. Finally, we note that content (including, but not limited to, photographs and videos) showing minors will not be accepted on this Site.
Non respect of these guidelines may conduct to the cancellation of your access to the Site.

b. Specific stipulations for certain Segments

Various Segments may be made available to you on the Site: Downloadable Content, On-Line Applications, User Content, Discussion Space, etc. (the ” Segments “).

(i) Downloadable Content

We may make available on the Site content that you are authorized to download (“Downloadable Content”). In downloading or using such Downloadable Content, you are deemed to have agreed to use it in conformity with these Terms of Use.

We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject of prior express authorization from the Company. Any request for this type of authorization must be submitted in advance at the following address: info@kimblanddistillery.com

(ii) On-Line Applications

We may make available on the Site software applications (the “On-line Applications”). We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.

Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) “User Content”.
Please inform us of any possible anomaly affecting the On-Line Applications at the following address: info@kimblanddistillery.com
We will then do our best to correct as soon as possible any such possible anomalies.

(iii) User Content

We may make available on the Site a space dedicated to user content, such as for example text, photos, videos, etc. (“User Content”).
By submitting User Content, you automatically grant the use of a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).

You expressly grant the Company the right to use the User Content on its own websites but also on third party websites in particular on so-called “social networks”.

You acknowledge and agree that the use of these social networks is exclusively governed by the Terms and Conditions set up by these social networks. Consequently you acknowledge and agree that we are bound by these Terms and Conditions in the use of the Content. Therefore we may not be held responsible of any use by us or by a third party of the content in accordance with the terms and conditions set out by the social networks and especially but without limitation, in terms of scope of rights, of duration of rights and of deletion of the User Content.

You shall be solely responsible for any third party claims relating to the use of the Content in accordance with the terms and conditions of the social networks.

Without prejudice to the above, you represent and warrant that you have obtained all the necessary authorizations from all beneficiaries on the User Content regarding such use on the social network.

Finally, you acknowledge and agree (and you confirm that you have informed and obtained all the beneficiaries agreements) that this Content could be subject to “viral” communication (word-of-mouth communication) on these third party websites and that we will not be liable for any action in this regard.

User Content that you publish on this Site is entirely your choice and your exclusive liability. However, we would like to remind you that User Content must not conflict with the legislation in force or accepted standards of morality, and must not infringe on the rights of others. In this regard, we reserve the right to remove at any time User Content that is manifestly illegal and/or contrary to accepted standards of morality and/or which infringes on the rights of others.

Please inform us of any User Content which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, at the following address: info@kimblanddistillery.com

(iv) Discussion Space

We may make available on this Site a space permitting you to communicate with other users (the “Discussion Space”).

The Discussion Space must be used in conformity with the legislation in force, accepted standards of morality, the principles set forth herein and in compliance with the rights of others.

Please inform us of any communication which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others, at the following address: info@kimblanddistillery.com

4. INFORMATION CONTAINED ON THE SITE


a. General provisions

We try to provide you with accurate and up to date information. Nevertheless, transmissions of data and information over the Internet not benefiting from absolute technical reliability, we cannot guaranty the accuracy of all of the data that is included on this Site.

Furthermore, we would like to point out that inaccuracy and omissions may appear in the information available on this Site in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address: info@kimblanddistillery.com

b. Information on the products and services

Unless provided otherwise, the products and services which are presented to you do not constitute a sale offer but a general presentation of the range of products and services that we distribute in the country in which this Site is published.

c. Hypertext links

The hypertext links implemented on the Web Site may take your to Web sites published by third parties as to which we do not control the content. In consequence, and to the extent these hypertext links have been included on this Site in order to facilitate your navigation of the Internet, the consultation of such third party Web sites is entirely your choice and your exclusive liability.

Furthermore, if you wish to create hypertext links to this Site, a prior request for authorization must be submitted to the Company at the following address: info@kimblanddistillery.com

d. Cookies

Cookies are small files that are left on your computer during your navigation of a Web site (such as for example the pages consulted, the date and time of consultation, etc.) and which may be read during your visit to the same Web site.

To benefit from all of the functionalities of the Site, it is better to set the browser to accept cookies. We would like to stress that the cookies do not allow identifying you and the conservation period of the information recorded by the cookies on your computer is 6 months.

e. Pixel Tags

We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.

f. E-mails to Friends.

In the event that we offer the functionality to allow you to send messages regarding Site-related content to a friend through the Site, you may provide the Company with your friend’s e-mail address so that we can facilitate your sending a message to your friend; provided, however, that we reserve the right to refuse to facilitate the message for any reason, including without limitation restrictions placed on this functionality by your jurisdiction or that of your friend. We may retain your friend’s email address but will use your friend’s address only as described in this Privacy Policy and will not send additional promotional messages to your friend unless your friend registers with the Company (or has registered previously). Please note that any personal data you provide in connection with your request to send messages to your friend may be disclosed to your friend.

By using the send-to-a-friend functionality, you confirm that all friends you nominate to receive messages are of legal drinking age in the country where they reside and that they have consented to receiving the email(s) from this Site that you request the Company to send.

g.Information Posted by Visitors

We may make available through the Site services such as message boards to which you are able to post information, photos, images and other materials. Please note that any information, photos, images or materials you disclose through such services or otherwise on the Site become public information, and may be available to visitors to the Site all over the world and to the general public. In addition, when you choose to make a posting on such services, certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

Also, please recognize that the individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting our opinion.

5. PRIVACY AND PERSONAL DATA

We may come to collect personal data which relates to you, in particular when you: (i) register for a service; (ii) download Downloadable Content; (iii) use a Segment and/or a diagnostic tool; (iv) register for a game/competition (v) send us an e-mail; (v) respond to a poll or study. This personal data will be the subject of automatic processing and may be used in three different ways:

• Statistical studies: We compile and study your personal data in order to define your profile and better adapt services to your expectations. These statistical studies are strictly confidential;
• 
Monitoring of the customer relationship: if you send us a message, the data is kept and used to send a response to your request and to ensure its monitoring
• Provision of services: sending of newsletters, access to certain counseling spaces, etc.

In conformity with the provisions of data privacy laws, you have a right to disclosure, correction, modification, addition and deletion of the data related to you. To exercise this right, please send an e-mail with proof of your identity to the following address: info@kimblanddistillery.com

6. MODIFICATION OF THE SITE AND AMENDMENT OF THE TERMS OF USE
We may come to modify the content and information included on this Site as well to amend these Terms of Use, including, but not limited to, in order to comply with applicable new legislation and/or regulations and/or to improve the Site. Any modification and/or amendment shall be integrated into these Terms of Use.