Brown-Forman Corporation (“Brown-Forman”) is the owner of this Web site (the
“Site”). By accessing and using the Site, you agree to be bound by the
Use and/or any amendments/changes thereto, please do not use this Site.
1. Access Authorization
Brown-Forman maintains this Site for the personal use of individuals who are
of legal age to consume alcoholic beverages pursuant to the laws of the country
or territory where they reside.
Please exit this Site immediately if you do not accept these terms and
conditions of use, are not of a legal age for consuming alcoholic beverages in
the country or territory in which you reside, or are in a country or territory
where the access to this Site is not permitted.
Brown-Forman reserves the right to restrict or terminate your access to this
Site or any feature thereof if you violate these terms and conditions of use,
or if you use the Site in order to make or assist in making any criminal or
unlawful statements or actions or announce or participate in any criminal or
2. Use of Information/Materials
You may print or have printed by a third party any downloadable information
or materials offered on this Site provided that all of the following five
conditions are met:
- You use the materials or information solely for private purposes and not
for direct or indirect commercial purposes;
- Your use of the materials is for lawful purposes;
- No copyright or other notice regarding the rights or property of third
parties is removed from the materials / information;
- You reside in a country or territory where the consumption of alcoholic
beverages is permitted; and
- You are of a legal age to consume alcoholic beverages pursuant to the laws
of the country or territory in which you reside.
3. Copyrights, Trademarks and other Intellectual Property Rights
The content of this Site, including without limitation any trademarks,
designs, logos, text, images, audio and video materials thereon, is the
intellectual property of Brown-Forman or its subsidiaries or affiliates
(“Brown-Forman’s Proprietary Material”) unless otherwise stipulated in writing.
Brown-Forman’s Proprietary Material is protected under the laws of the United States
and other nations around the world, and under international treaties – in
particular under copyright and trademark laws. You are not permitted to remove
any copyright or other proprietary notice from Brown-Forman’s Proprietary
Material. You are also not permitted to publish, distribute, transmit online or
offline or otherwise use Brown-Forman’s Proprietary Material in any way for any
public or commercial purpose, without the prior and express written consent of
4. No License
Except for the limited license to download and print certain material /
information from this Site for non-commercial and private purposes only, you
have no right to use Brown-Forman’s Proprietary Material. All rights with
respect to Brown-Forman’s Proprietary Material remain the exclusive property of
5. Disclaimer of Warranties / Exclusion of Liability
A. Your use of this Site is at your own risk. THIS SITE IS PROVIDED ON AN
"AS IS" BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, BROWN-FORMAN
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM
THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
BROWN-FORMAN AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME. BROWN-FORMAN HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF
AND BROWN-FORMAN SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH
INFORMATION.TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BROWN-FORMAN DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY.
FURTHER, BROWN-FORMAN DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
B. YOU AGREE THAT BROWN-FORMAN AND ITS SUBSIDIARIES AND AFFILIATES AND ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE
DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF BROWN-FORMAN WAS
MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY
INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR
INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS,
THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
BROWN-FORMAN CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO THE WEB SITE.
C. You are aware that technical downtimes and malfunctions of this Site may
occur and that this Site may be unavailable from time to time for technical
D. To the extent hyperlinks to other websites exist on this Site,
Brown-Forman does not assume any liability as to their content and functioning
reliability. Links to other websites are merely provided by Brown-Forman as a
You hereby agree to indemnify and hold Brown-Forman and its subsidiaries and
affiliates harmless from and against any claims for damages or other claims
asserted against Brown-Forman or its subsidiaries or affiliates, including
without limitation all indirect liability claims, consequential damages,
losses, liabilities, costs and expenses (including without limitation
reasonable legal fees) arising from your use – in any form whatsoever - of this
Site, from information you transmit to this Site, from your violation of any
rights of third parties, or from your breach of these terms and conditions of
7. Communications with this Site
A. Do not transmit to or via this Site any pornographic, obscene, offensive,
defamatory or otherwise unlawful content.
B. Any other communication you transmit to this Site, whether by e-mail,
mail, uploading or in any other form, will be treated as non-confidential and
non-proprietary. This communication can be deleted by Brown-Forman at any time.
By sending content/information (including without limitation photographs) to
this Site, you grant Brown-Forman a royalty-free and irrevocable and exclusive
license, unlimited in time, territory and content, to use such content and
information. The license to Brown-Forman includes in particular:
(i) the right of use in business activities on image and data carriers as
well as in printed works of its own or of third parties;
(ii) the right to use and exploit your communications in digital online and
offline media (such as internet, CD-ROM, CDi, CDe, DVD);
(iii) the right to use your communications in analogue and/or digital
electronic databases, data networks and telephone services or similar
(iv) the right, where necessary, to modify your communications;
(v) the right to grant sublicenses to third parties.
(vi) The right to use your name and area where you reside.
C In addition, you declare that the persons shown on any materials sent in
by you, have consented to the publication of their pictures in the specific
context it was sent to Brown-Forman and in context with alcohol beverages in
the advertisement sector.
D. In the event of a failure to adhere to the guarantees mentioned in this
Section, the user shall hold Brown-Forman harmless from and against any claims
asserted by third parties, including without limitation attorney’s fees, on
first demand. This does not prevent Brown-Forman from claiming any
further-reaching damages suffered by it.
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9. Further Terms and Conditions of Use
Other areas of this Site may contain further terms and conditions of use,
which will govern your use of the Site together with the present terms and
conditions of use.
10. Governing Law / Place of Jurisdiction
This Site is controlled and operated by Brown-Forman from its offices within
the United States of America.
Any claim relating to this Site shall be governed by the internal substantive
laws of the United States
and the Commonwealth
of Kentucky. You and
Brown-Forman agree to submit to the personal and exclusive jurisdiction of the
courts located within the Commonwealth
of Kentucky. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Site or these terms and conditions
must be filed within one (1) year after such claim or cause of action arose.
Your conduct may be subject to other laws. Use of this Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
11. Final Provisions
A. Brown-Forman makes no claims that the content of this Site may be
downloaded outside of the United
States. If you access this Site from outside
the United States,
you do so at your own risk. In such case, you are responsible for compliance
with the laws of the country or territory in which you are located in relation
to such access. References to a particular product or service do not imply that
Brown-Forman intends to make such products or services available in all
B. Should any provision of these terms and conditions of use be invalid or
should there be a gap in these terms and conditions of use, this shall not
affect the validity of the remaining provisions.
C. Brown-Forman shall only be legally bound by written agreements. Any oral
arrangements between the parties shall not be legally binding, unless confirmed
by Brown-Forman in writing.
D. Brown-Forman reserves the right to seek all remedies available at law and
in equity for violations of these Terms and Conditions, including the right to
block access from a particular Internet address or for particular registered
users to this Site.