YOU MUST BE OF LEGAL DRINKING AGE WITHIN THE JURISDICTION FROM WHICH YOU’RE ACCESSING THE SITE IN ORDER TO USE THIS SITE. IF YOU ARE NOT OF LEGAL DRINKING AGE OR OLDER, DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, OR LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS SITE.
Rights to Content and Intellectual Property
Except as otherwise provided, the copyrights, trademarks, and any other proprietary content found on the Site belongs to CBI, or its affiliates, subsidiaries, or third party licensors, and you may not reproduce, post on any other website, modify, distribute or transmit any portion of this Site, including the source code, without CBI’s written consent. Any name, logo, trademark or service mark contained on this Site is owned or licensed by CBI or its affiliates or subsidiaries and may not be used by you without the prior written consent of CBI. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
CBI maintains this Site for your personal entertainment, information, and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with CBI’s express prior written consent. All rights not expressly granted here are reserved to CBI.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
Your use of the Site and/or other services provided by CBI through your phone or other mobile device may require use of your data plan and message and data rates may apply. More information regarding the terms governing the use the use of mobile devices in connection with CBI promotions are available in the rules governing such promotions.
This Site may now or in the future permit communication or material to be transmitted to the Site by e-mail or otherwise, including data, questions, comments, suggestions, and/or the submission of photographs, videos, essays and/or other content submitted by you ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, CBI does not guarantee any confidentiality with respect to any submissions. CBI reserves the right to remove User Submissions at any time for any reason.
Any and all User Submissions may be edited by or on behalf of CBI, may or may not be posted to this Site at the sole discretion of CBI, and may be used by CBI or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CBI is free to use any ideas, concepts, know-how, or techniques contained in any User Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
In connection with User Submissions, you further agree that you will not: (i) publish falsehoods, misrepresentations, or derogatory messages that could damage the reputation of CBI or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. CBI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CBI expressly disclaims any and all liability in connection with User Submissions. User Submissions must comply with the CBI Global Code of Responsible Practices for Beverage Alcohol Advertising and Marketing, a copy of which we will provide on request. CBI reserves the right to deny the publishing of User Submissions, to remove User Submissions, and/or to terminate your access for uploading User Submissions in its sole discretion at any time, without prior notice and at its sole discretion.
Although CBI may from time to time monitor or review User Submissions, discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, CBI is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. CBI assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
CBI will fully comply with any applicable law, regulation, or order of any court or other governmental authority and fully cooperate with all law enforcement authorities, including but not limited to, maintaining and disclosing any User Submissions or communications that you have had with the Site, disclosing your identity or helping to identify you.
CBI cannot prevent the "harvesting" of information from this Site, and you may be contacted by CBI or unrelated third parties, by e-mail or otherwise, within or outside of this Site.
CBI DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY. CBI also assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to defend, indemnify and hold CBI, its affiliates, and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.
On-Line Stores; Promotions
Notice and Procedure for Making U.S. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a notice with the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
- 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 authorized to act on the copyright owner’s behalf.
CBI’s Copyright Agent for notice is:
Constellation Brands, Inc.
207 High Point Drive – Building 100
Victor, NY 14564
Attn: SVP and Chief Information Officer
We may give notice to our users by means of a general notice on our Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CBI may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
At its sole discretion, CBI may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by CBI or its affiliates do not imply endorsement of that product, publication or site. CBI has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of New York, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that CBI intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to CBI, located in the State of New York, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.