Terms of Use Havana Club Create
(The “TOU”)
The HAVANA CLUB CREATE digital experience (the “Service”) is published by Pernod Ricard S.A., a public limited company with capital of EUR 405 908 668,00 euros registered on the Paris trade and companies register under number 582 041 943 and having its registered office at 5, cours Paul Ricard – 75008 Paris (“Pernod Ricard”).
The Publishing Director of the Service is Ms. Pauline Blandin.
The Service is hosted by Panthéon – Amazon Web Services, Inc.
These Terms of Use describe the rules of use of the Service and are applicable regardless of the medium and terms of consultation of the Service.
FUNCTIONALITIES
The Service provides a digital experience accessible to anyone above legal age in accordance with the laws of their country of residence (the “Users” or “You”), which have access to the Havana Club’s website (the “Site”) provided that they are not restricted from accessing Havana Club related information under the Terms of Use of the Havana Club website available here.
The Users are invited to digitally customize the Havana Club 7 years front and back labels, by choosing the design and colors of the label and adding a personalized message image, which will result in access to personalized assets: one (1) image and two (2) animated images (the “Digital Takeaways”).
Once arrived at the final step of the customization, the User has the possibility to:
- Share the experience: possibility to save the link of the experience to send it by email or other, e.g. share the link of the experience via Whatsapp, Facebook and/or Twitter (on desktop) and/or any other application available on mobile phones; and/or
- Share the Digital Takeaways: possibility of sharing each of his/her Digital Takeaway with the same sharing options above mentioned..
The User also has the possibility to provide his/her email to come back to his/her Digital Takeaway at a later stage. By giving his/her email address he/she will then receive an email from Pernod Ricard with a link (accessible for ten (10) days) which will redirect him to his/her results page.
ACCEPTANCE OF THE TERMS OF USE
Access and use of the Service implies unreserved acceptance of these TOU and compliance with the legal and regulatory provisions in force.
The TOU are therefore opposable to any User accessing the Service. It is therefore incumbent on the User to familiarize himself/herself with these TOU as soon as he/she first connects to the Service and to consult them regularly. The User has the right to access the TOU at any time, to download them, print them and keep a copy of them.
If you do not wish to accept these TOU, we ask you not to access the Service or to immediately cease the use of the Service.
ACCESS TO THE SERVICE – IDENTIFICATION
The User acknowledges having the skills and technical means required to access the Service. The User also ensures that any person accessing the Service via his/her terminal has read these TOU and has accepted them.
The Service is hosted on the Site and is accessible through the webpage available here.
The User hereby acknowledges that this Service is restricted to people of legal age according to their country of residence’s legislation and is strictly forbidden for underage persons. By registering on the Service, You warrant that You are of legal age.
INTELLECTUAL PROPERTY
The Service and its components (editorial content, images, sound extracts, videos, slogans, data, metadata, photographs, drawings, graphics, computer programs, design, tree structure, organization of sections, general ergonomics, etc.) (“Content”), which constitute or are integrated into the Service, as well as all distinctive signs, such as, but not limited to, copyrights, design rights, image rights, trademarks, logos, etc. (“IPRs”) are the exclusive property of Pernod Ricard or, where applicable, the property of third parties who have authorized Pernod Ricard to use them for the Service. They are subject to legal protection on various grounds such as intellectual property rights. Pernod Ricard reserves all rights not expressly described in these TOU.
To the extent Pernod Ricard approves the download or use of Content, comprised of, or including IPRs, Pernod Ricard grants the User a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such Content and IPRs solely and only to the extent that the User complies with the User Conduct as detailed in Article 5 of this TOU, and for as long as Pernod Ricard makes such Content and IPRs generally available to the public. The User does not acquire any ownership rights in the Content (including any trademarks or other IPRs in the Content), and all such Content is intended for personal, non-commercial use. Pernod Ricard reserves the right to take down any Content in violation of these terms or Pernod Ricard’s intellectual property rights. Pernod Ricard allowing the User this limited use does not constitute a waiver of any of Pernod Ricard’s rights to the Content.
Except for the cases expressly provided for in this article, any reproduction, representation, or distribution, in whole or in part, of the Content on any medium or by any process whatsoever is also prohibited. Failure to comply with this prohibition constitutes an infringement likely to engage the civil and criminal liability of the counterfeiter.
USER CONDUCT
By using the Service and/or the Content, including, but not limited to downloading, uploading, posting, transmitting to, distributing or otherwise publishing the Content, or any material containing or comprised by the Content, on the Site and/or on any other third party webpage, social media pages, online platforms , web applications, and in any media now or hereafter known, the User warrants and agree that he will not at any time knowingly do any act:
(a) which shall prejudice or bring Pernod Ricard or the Havana Club Brand into public disrepute, including any act which might be considered as unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, containing explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful; (b) which might restrict or inhibit any other user from using and enjoying the Service, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) which could be considered as advertising of any kind, or false or misleading indications of origin or statements of fact.
The User also warrants and agrees he/she shall not: (a) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (b) engage in spamming or flooding; or (c) attempt to gain unauthorized access to other computer systems through the Site.
The User agrees to defend, indemnify and hold the Pernod Ricard group, 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 his/her use of the Service or the placement or transmission of any message, information, software or other materials containing or comprised by the Content.
AVAILABILITY
Pernod Ricard cannot be held liable in the event of suspension or interruption of the operation of the Service, unavailability, impossibility of access or poor conditions of use of the Service due to an unsuitable terminal of the User, internal malfunctions of the User’s Internet service provider, Internet network congestion, or for any other reasons external to Pernod Ricard.
Pernod Ricard reserves the right to modify or temporarily or permanently interrupt the operation of all or part of the Service, without prior notice, for maintenance or other purposes, which the User expressly accepts.
SECURITY
Pernod Ricard implements technical, organizational, physical, and logical security measures that are adapted and comply with current industry standards to ensure the protection of the Service and its content.
The User acknowledges that the characteristics and constraints of the Internet do not make it possible to guarantee the security, availability, and integrity of data transmissions. The User therefore undertakes to take all appropriate measures to protect his/her own data and his/her terminal from any intrusion, takeover by a third party or contamination by possible viruses. The User shall refrain from fraudulently accessing or remaining in the Service, hindering or altering its operation, in particular by introducing Trojan horses, logic bombs, computer worms or any other virus or malicious program or any other program that may cause any damage to the Service. Pernod Ricard cannot be held liable for any damage or malfunction caused by the intrusion of a virus into the User’s terminals and systems when downloading data from the Service.
Only the User is entitled to use its Identifiers, which must remain unique, personal, reserved for the User concerned and strictly confidential. The User undertakes to have only one account and not to allow anyone to use it in his/her place. The User shall refrain from using someone else’s account or declaring a usurped or false identity on the Service. The User undertakes to take all appropriate measures to protect the confidentiality of his/her Identifiers. In the event of difficulty of any kind, the User agrees to immediately inform Pernod Ricard. In particular, if the User suspects the disclosure or use by a third party of his/her Identifiers, in particular following their loss or theft (or the loss or theft of his or her terminal), it is his/her responsibility to inform Pernod Ricard as soon as possible by any means. Pernod Ricard may not be held liable in the event of fraudulent access to the Service by any third party whatsoever. In such a situation, Pernod Ricard reserves the right to block or stop, as a precautionary measure, all access to the Service.
RESPONSIBILITY
The User undertakes to use the Service only in accordance with the stipulations of these TOU, which he/she has expressly accepted. The User remains solely responsible for his/her use of the Service and undertakes not to commit any act likely to jeopardize the computer security of the Pernod Ricard Group and/or other Users.
Pernod Ricard cannot be held liable for any such acts: interruptions, slowness and inaccessibility to the Internet or any other problem affecting transmissions on telecommunications networks and disrupting the use of the User’s terminals. In addition, scheduled cases of service interruption (planned maintenance) will occur regularly; any malfunction or stoppage of the Service resulting from (i) its use by the User in combination with a third-party software or hardware component, (ii) a technical failure affecting the User’s terminal, (iii) non-conforming or fraudulent use of the Service by the User or a third party (in particular in the event of intrusion and/or fraudulent maintenance on the Service, illicit extraction of data including by web scraping, screen scraping or any other method, circumvention of the security measures present on the Service). In this respect, Pernod Ricard may not be held liable if it is able to demonstrate the adequacy of the means implemented, in accordance with the “Security” section above.
PROTECTION OF PERSONAL DATA
Pernod Ricard respects the privacy of the Users. Please review Pernod Ricard’s personal data protection policy applicable to Users of the Service available here.
DURATION – TERMINATION AND CONSEQUENCES
These TOU come into force and bind the parties as of the date of their express acceptance by the User, when accessing the Service. These TOU may be updated under the conditions set forth in the article “Modifications of the TOU”.
The TOU will cease to apply to the User on the date of last use of the Service or on the date of final closure of his/her account (at his/her initiative or following a decision by Pernod Ricard).
In the event of non-compliance by the User with these TOU or for any other reason that would make access to the Service inappropriate, Pernod Ricard may, at its sole discretion, immediately and without prior notice, suspend and/or close the account of the User concerned and consequently terminate these TOU by operation of law.
In each of these cases, the User will immediately cease using the Service.
Notwithstanding the foregoing, the termination of these TOU, regardless of the cause, shall not affect the rights or responsibilities of the parties or the entry or maintenance in force of any provision hereof, expressly, or implicitly intended to enter into or remain in force after the termination of the TOU.
ELECTRONIC EVIDENCE
Pursuant to Article 1356 of the French Civil Code, the files, data, messages and computerized registers stored in the computer systems will be accepted as proof of communications and exchanges occurring on the Service, between the User and Pernod Ricard, insofar as the said exchanges are established and stored under conditions that guarantee their integrity.
The User’s entries and instructions on the Service may thus be recorded. The Users expressly agree that the electronic recordings made by Pernod Ricard will constitute proof of said entries and instructions.
Any written notification or communication between the Users and Pernod Ricard will be made by electronic mail at the address indicated on the Site available here or digital notifications via the Service, to which the parties grant full legal value and evidential force.
MODIFICATIONS OF THE TOU
Pernod Ricard will be required to make changes to these TOU. Any new version of the TOU will be brought to the attention of the User the next time he/she connects to the Service.
GENERAL
The TOU express the full agreement of the parties. They cancel and replace any previous written or oral agreement, letter, or other document, exchanged between the parties, having the same object.
The non-exercise, by one of the parties, of any right set forth in the TOU cannot be considered as a definitive renunciation to exercise said right.
If any of the provisions of the TOU should prove to be null and void with regard to a rule of law in force or a court decision that has become final, it shall then be deemed to be unwritten, without invalidating the TOU as a whole or altering the validity of its other provisions.
APPLICABLE LAW – JURISDICTION
These TOU are subject to French law. In the event of disputes relating to the conclusion, interpretation, execution or termination of the TOU, the dispute shall be subject to the exclusive jurisdiction of the courts of Paris, notwithstanding multiple defendants or warranty claims, including in the event of emergency or protective proceedings.
Last update:June 2022
