USER TERMS AND CONDITIONS OF USE
By browsing and using this Internet Site (“Site”) you are
agreeing to be bound by the User Terms and Conditions of Use set forth below
(the “Terms and Conditions”). Heavy Water & Company Limited may revise
the Terms and Conditions from time to time and it is your responsibility to
review the Terms and Conditions each time you access this Site.
Heavy Water & Company Limited and its delegated agent
maintain this Site for the personal use, in countries and other territories
where the consumption of alcoholic beverages is lawful, of persons who are
lawfully permitted to consume alcoholic beverages (21 years of age for United
States residents).
Please exit this Site immediately if you do not accept the
Terms and Conditions, are not of a legal age for consuming alcoholic beverages
in the country or other territory in which you are located, or are in a
country or other territory where use of this Site is not permitted.
Use of Materials. You may print or have
printed by a third party any downloadable material contained on this Site
provided that the following five conditions are met: (i) the material is
solely for non-commercial and personal use; (ii) no copyright or other
proprietary notice is removed from the material; (iii) the material is not
altered in any manner; (iv) you are located in a country or other territory
where the consumption of alcoholic beverages is permitted; and (v) you are of a
legal age to consume alcoholic beverages in the country or other territory in
which you are located.
Copyrights, Trademarks and Other Proprietary Rights. The
content of this Site, including but not limited to trademarks, designs, logos,
text, images, audio and video materials, is the property of Heavy Water &
Company Limited and its affiliates (“Heavy Water’s Proprietary Material”) unless
otherwise noted. Heavy Water’s Proprietary Material is protected under the
laws of the Bahamas and other countries throughout the world and under
international treaties. You may not remove any copyright or other
proprietary notices from Heavy Water’s Proprietary Material. You may not
display, reproduce, distribute, modify, transmit, or otherwise use Heavy Water’s
Proprietary Material in any way for any public or commercial purpose, without
the prior and express written consent of Heavy Water & Company Limited.
No License. Except with respect to the
limited license to download and print certain material from this Site for
non-commercial and personal use only, nothing contained on this Site shall
grant, whether by implication, estoppel, or otherwise, any license or right to
use any of Heavy Water’s Proprietary Material. All rights, title and interest
in and to all aspects of Heavy Water’s Proprietary Material remain the exclusive
property of Heavy Water & Company Limited.
Disclaimer of Warranties. YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL
MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR
TIMELY.
Heavy Water & COMPANY LIMITED RESERVES THE RIGHT TO RESTRICT
OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY
TIME, WITH OR WITHOUT NOTICE.
Limitation of Liability. TO THE
FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER Heavy Water & COMPANY
LIMITED NOR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS, SHALL BE LIABLE TO YOU FOR ANY DAMAGES, HARM
OR INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, AND
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR
RELATING TO THE USE OF OR INABILITY TO USE THIS SITE AND ITS CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF
WHETHER OR NOT Heavy Water & COMPANY LIMITED OR ANY OF ITS AFFILIATES HAS BEEN
NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
Indemnification. You agree to defend,
indemnify, and hold harmless Heavy Water & Company Limited and its affiliates
from and against any claim or demand made by any third party, and all
associated liabilities, damages, costs and expenses (including but not limited
to reasonable attorney’s fees) arising out of or relating to your browsing or
use of this Site, content you transmit to this Site, your violation of any
rights of another, or your breach of the Terms and Conditions.
Jurisdiction. The Terms and Conditions
shall be governed by and construed in accordance with the laws of the
Bahamas. You irrevocably consent to the jurisdiction of the courts
located in the Bahamas for any action to arising from or relating to the Terms
and Conditions or your browsing or use of this Site.
Communications with this Site. Any
communication or other content that you transmit to this Site, whether by
e-mail, posting, uploading, or otherwise, will be treated as non-confidential
and non-proprietary. By transmitting content to this Site, you
automatically grant to Heavy Water & Company Limited a royalty-free, perpetual,
irrevocable and non-exclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform and display that content alone and as part of
other works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights. You agree that Heavy Water &
Company Limited and its affiliates are free to use any ideas, concepts,
know-how, or techniques contained in any content that you transmit to
this Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products, and that Heavy Water & Company Limited
need not provide any compensation or acknowledgment to you in exchange for any
such use..
You agree not to transmit to this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, pornographic, or
profane content, or any other content that could constitute or encourage
conduct that would violate any law. Heavy Water & Company Limited and its
affiliates will fully cooperate with any law enforcement authorities or court
order requesting or directing Heavy Water & Company Limited and its affiliates
to disclose the identity of, help identify, or locate anyone transmitting any
such content.
Heavy Water & Company Limited and its affiliates do not
pre-screen or monitor content transmitted to this Site by third parties and are
not responsible for screening or monitoring any such content. If
notified, Heavy Water & Company Limited and its affiliates may investigate an
allegation that content transmitted to this Site is in violation of the Terms
and Conditions and determine whether to have the communication removed from
this Site. However, Heavy Water & Company Limited and its affiliates are
under no obligation to remove content transmitted by third parties from this
Site and assume no responsibility or liability arising from or relating to any
such content, including but not limited to any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained therein. Heavy Water & Company Limited and its affiliates
assume no responsibility or liability for any actions or content transmitted by
or between you or any third party within or outside of this Site.
Privacy Statement. Your privacy is
important to Heavy Water & Company Limited and its affiliates (“Heavy Water”). This statement describes the information
gathering and dissemination practices for our Web site (the “Site”), including
the types of information we collect and how we may use that information. In summary, we do not obtain any personally
identifying information (“personal information”) about you other than that
which you choose to provide, and we do not sell, rent, or otherwise disclose
any personal information you provide to anyone outside of Heavy Water, our
advertising and promotional agencies and consultants.
Personal Information
In general, you can visit our Site without telling us your
name or revealing any personal information such as your address, telephone
number or e-mail address. However,
before you may enter our Site, you will be required to verify that you are of
legal age to consume alcoholic beverages in the country in which you are
located. We use this information to
prevent minors and people in countries where alcoholic beverages are prohibited
from accessing our Site.
In certain parts of the Site, we may ask you to provide your
name or other personal information so that we can provide you with information
that you request, respond to feedback that you submit to the site, or allow you
to participate in one of our contests. Further, we may ask you for demographic
data, such as your preferred language or country of residence, in order to
tailor your experience on the Site, display content customized to your
preferences, and to otherwise administer the Site. You are under no obligation to provide us with this information,
but without it we may not be able to fulfill some types of requests. If you do not want your personal information
collected, simply do not submit it through the Site.
We make significant efforts to ensure that the personal
information you provide to us remains private.
We will not sell, rent, or otherwise disclose the personal information
you provide to us through the Site to third parties unless we are required to
do so by law or have a good faith belief that such action is necessary to
conform with existing laws or to cooperate with law enforcement agencies or in
legal proceedings.
We may share anonymous aggregated data with other companies
that we do business with for market research purposes. For example, we may report to our
advertising agency that a certain percentage of our Site’s users are United
States residents between the ages of 21-25.
Data Collected Automatically
When you visit our Site, your Internet browser will
automatically send us your Internet Protocol (“IP”) address and information
such as the type of browser you use, the date and time you accessed our Site,
and the IP address of the Web site from which you linked to our Site. We may use this information to give you
access to the Site, to tailor your experience on our Site, to display content
customized to your preferences, and to otherwise administer the Site.
Like many companies, we may store information on your
computer in the form of a “cookie”. A
cookie may tell us whether you have visited our Site before and what pages on
our Site you have viewed. The cookies
we use do not collect any personal information about you, provide us with any
way to contact you, or extract any information from your computer. With most Internet browsers, you can erase
cookies from your hard drive, block all cookies, or receive a warning before a
cookie is stored on your computer.
Please refer to your Internet browser’s instructions or Help Screen to
learn more about these options.
No Collection of Personal Data from Children
Our Site is not directed towards children and may not be
accessed by persons who do not verify that they are of legal drinking age. Heavy Water will not knowingly collect any
information from minors, whether with or without their parent's or guardian's
consent, or (ii) provide any personal information collected from children to
any third party.
Opt-Out
Heavy Water does not send unsolicited e-mail (“SPAM”). We may, however, send you information that
you request or respond to your e-mails to us.
If you would prefer not to receive direct communications from us, you
can opt out of this at the time of information collection. Or, if you decide to have your name removed
from our mailing list at a later date, you may do so by sending an e-mail to webmaster@Heavy Water.com
with the word “UNSUBSCRIBE” in the subject line.
Review and Correction of Your Information
If for any reason you are concerned that the personal
information about you that is maintained by Heavy Water is incorrect, please
contact us by e-mail at webmaster@Heavy Water.com and we will be happy to update or
remove your personal information accordingly.
We may continue to retain your information in our files due to technical
and legal requirements, constraints related to the security, integrity and
operation of our Site or to resolve disputes.
Links
Our Site may offer links to other sites. We encourage our
users to be aware when they leave our Site and to read the privacy and other
policies of the sites they visit.
Please be aware that we are not responsible for other companies’
policies or practices.
Security
Heavy Water has taken steps to make all information received
from our on-line visitors as secure as possible against unauthorized access and
use. All information is protected by
our security measures, which are periodically reviewed and updated. Please be aware, however, that it may be
possible for others to read messages that you send over the Internet, so do not
send any information by e-mail that you would like to keep confidential.
Amendment of Policy
Heavy Water approaches Internet communications with a strong
commitment to individual privacy rights and concerns. As the Internet evolves, our policy will continue to change and
develop. We therefore reserve the right
to amend this Privacy Policy at any time with or without notice. Please check this page periodically for
changes.
Contacting Us
If you have any questions about our privacy statement, the
practices of this Site or your experience on any of the Heavy Water Sites, please
contact us at by e-mail at webmaster@Heavy Water.com.
Links to Other Sites. This Site contains
links to third party Web sites. These links are provided solely for your
convenience. Heavy Water & Company Limited and its affiliates do not
endorse the content of any such third party Web site, have not reviewed all
material linked to any such site, and are not responsible for the content of
any such site. Your accessing and viewing of any such third party site is
conducted at your own risk.
General. Heavy Water & Company
Limited makes no claims that the content of this Site is appropriate or may be
downloaded outside of the Bahamas. If you access this Site from outside of the
Bahamas, you do so at your own risk and are responsible for compliance with the
laws of the country or other territory in which you are located.
References to a particular product or service do not imply that Heavy Water &
Company Limited and its affiliates intend to make such products or services
available in all countries. If any provision of the Terms and Conditions
is found to be invalid by any court having competent jurisdiction, the
invalidity of any such provision shall not affect the validity of the remaining
provisions of the Terms and Conditions, which shall remain in full force and effect.
No waiver of any provision of the Terms and Conditions shall be deemed a
further or continuing waiver of any such provision or any other
provision.
© 2000 Heavy Water & Company Limited. All rights
reserved.
Products distributed in the United States are imported
and/or distributed by Heavy Water U.S.A., Inc., Miami, Florida.