What The Lawyers Say

GENERAL LEGAL NOTICE (revised 8 December 2003)

Welcome to the Jack Daniel's UK Web Site (the 'Site') owned and made available by BROWN-FORMAN BEVERAGES UK, Ltd. of REGENT ARCADE HOUSE, 19 - 25 ARGYLL STREET, LONDON, W1F 7TS, referred to in this notice as 'we' and 'us'. This Agreement contains the terms, covenants, conditions and provisions (the 'Terms of Use') upon which you, the user, may access the valuable information and services available through this Site. By accessing, viewing, or using the materials or services available on or through the Site, you indicate that you accept such Terms of Use and agree to be legally bound by them.

Notice about responsible and under-age drinking

If you are under legal drinking age OR under the age when it is permitted to purchase alcohol in the country in which you are resident or in the country from which you accessed this Site you should exit this Site immediately. Whatever your age, Jack Daniel's should be consumed and enjoyed in moderation.

This Site promotes alcoholic beverages. If it is illegal for you to use the Site in the country in which you are resident or in the country from which you access this Site please leave.

France and French Overseas Territories - France et departements ou territories d'outre mer français - you should not use this Site from France or French overseas territories - il n'est pas permis utiliser cet site de France ou departements ou territories d'outre mer français.

Changes to the legal notice

We reserve the right to change any of the Terms of Use (including without limitation the “privacy statement” in the next paragraphs) under which the Site and its many offerings are extended to you (whether contained in these Terms of Use or in any other legal notice contained on any of the pages of this Site). If you continue to use this Site after such an amendment has been notified to you on the home page of this Site or by an appropriate notice within these Terms of Use or any other legal notice contained on any pages of this Site, you will be deemed to have accepted such amendments and will be bound by them. We therefore strongly advise you to check these Terms of Use and any other legal notices elsewhere in this Site in their entirety regularly to ensure you are aware of their content and any amendments to them – it is your responsibility to do this. If you do not agree to any such amendments, you should immediately cease to use this Site.

Privacy Statement

This Site is hosted and managed for us by BROWN-FORMAN CORPORATION USA. We are committed to protecting your privacy and this statement summarises what personal details we may collect from you during your use of this Site and what we will do with them.

If you submit your personal details to us as described below you will be deemed to consent to their use by us in the ways indicated:

When you post a comment to any bulletin board - we will require the submission of a nickname and your email address. We will publish your nickname on the Site with your posting but we will not publish your email address on the Site. We will use your email address for the purposes of administering the bulletin board and ensuring your compliance with its rules.

When you send an email postcard - we will require the submission of your email address and that of the recipient of the postcard. We will use this information for the purposes of processing the postcard, ensuring your compliance with the applicable rules and for marketing purposes as described below. Your email address will also be disclosed to the recipient of the postcard.

When you enter a competition - we will require the submission of your name, email address and postal address. We will use this information for the purposes of administering the competition in accordance with its rules. Please note, if you win the competition we may publish your name (but not your email or postal address) on the Site.

Cookies - we may use 'cookies' to help us recognise you on any return visits you make to the site and to make any registration or other procedures easier for you. Cookies are small pieces of information which will be stored by your browser on your computer's hard drive. The cookies used by us will not give us any personal details about you.

Marketing – Where you have consented/not objected (as appropriate) that any or all of the personal details submitted by you may be held and used by us, they will be held by Brown-Forman Corporation ("BFC") and may be used by BFC, other companies within the BFC group (details of which are available on request) or BFC's agents, partners or licensees, to promote, to consider ways of improving, and to send you information about, Jack Daniel's products and services. Your details may accordingly be transferred to any country in which companies within the BFC group carry on business, including to countries outside the EEA which may not provide levels of protection in respect of personal data as high as those which apply in the UK. BFC may also transfer your information to another company or entity in the event that any part of its business is transferred to or merged with that company or entity or when required to do so by law. If in the future, you do not wish to receive further communications from the BFC group and would prefer to be removed from its database, or if you simply wish to make corrections to your details or to how you receive communications from us, please inform us in writing at: Regent Arcade House, 19-25 Argyll Street, London W1F 7TS, England, Attention: Managing Director; or by email to JD_customer_services@promo-solution.com.

Rights

All rights in the material at this Site, including any content on this Site, such as text, graphics, logos, button icons, images, audio and video clips and software, and the compilation (meaning the collection, arrangement and assembly) of all content of this Site, are owned by us and/or our licensors.

Trade Marks

Jack Daniel's and the label design are registered trade marks.

Save as provided in these Terms of Use any use or reproduction of these trade marks is prohibited.

Copying

You may view this Site and you are welcome to print hard copies of material on it for your personal, non-commercial use. All other copying or use, including reproduction, modification, distribution, transmission, republication, display or performance of the contents of this Site, whether in electronic, hard copy or other format is prohibited and all other rights reserved.

Posting Material

Do not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.

NO WARRANTIES - THIS SITE IS PROVIDED 'AS IS' AND WE GIVE NO WARRANTIES IN RESPECT THEREOF. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT:
A) YOU WILL BE ABLE TO USE THIS SITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM AT THIS DOMAIN NAME OR ANY OTHER DOMAIN NAME; OR
B) THIS SITE OR ANY SOFTWARE OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE; OR
C) ANY MATERIAL OR INFORMATION CONTAINED ON THIS SITE WILL BE ACCURATE OR COMPLETE.
EXCEPT TO THE EXTENT OTHERWISE SET OUT IN THIS NOTICE OR ANY OTHER TERMS AND CONDITIONS ON THIS SITE, ANY WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED BY LAW (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR SKILL AND CARE) ARE HEREBY EXCLUDED.

Your Responsibility

We have exercised reasonable care in compiling all information provided at this Site and to ensure that all software provided for downloading on this Site is free from any defects or viruses. It is your responsibility, however, always to verify any information that you may obtain on this Site with independent authorities before acting on it. It is also your responsibility to use suitable anti-virus software on any material that you may download from the Site and to ensure the compatibility of such software with your equipment.

LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR SISTER, PARENT OR SUBSIDIARY COMPANIES WILL BE LIABLE TO YOU, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE SUFFERED BY YOU (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS), AS A RESULT OF YOUR USE OF THIS SITE OR OF ANY MATERIALS PROVIDED ON IT OR DOWNLOADED FROM IT, OR YOUR INABILITY TO USE THIS SITE, ANY ERROR IN THE PROVISION OF THIS SITE OR ANY COMPUTER VIRUS OR OTHER HARMFUL ELEMENT TRANSMITTED THROUGH THIS SITE.

NOTHING IN THIS NOTICE OR IN ANY OTHER TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SITE SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY FOR:

DEATH OR PERSONAL INJURY RESULTING FROM OUR OR OUR EMPLOYEES' NEGLIGENCE; OR

BREACH OF OUR OBLIGATIONS ARISING FROM SECTION 12 OF THE SALE OF GOODS ACT 1979; OR

FRAUD.

Links to other sites

Sites to which you link through this Site are independent of this Site an we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such sites.

Other Legal Notices

There may be other legal notices on areas of this Site which relate to your use of such areas, all of which will, together with these Terms of Use, govern your use of this Site.

Law and Jurisdiction

These Terms of Use and any other matter relating to this Site shall be governed by English law and the English courts shall have exclusive jurisdiction in respect of them. If you access this Site from outside England and Wales, you are responsible for compliance with any and all applicable local laws.

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