Terms of Use

Terms and Conditions of Use

Last Updated: September 8, 2009

Brown-Forman Corporation (“Brown-Forman”) is the sole owner of the internet sites under [www.eljimador.com] (the “Site”). By accessing and using the Site, you agree to be bound by the following terms and conditions of use. Brown-Forman reserves the right to amend/change these terms and conditions of use from time to time in its sole discretion. In your own interest, please review these terms and conditions of use regularly. If you do not accept these terms and conditions and/or any amendments/changes thereto, please do not use this Site (anymore). By using or accessing this Site, you confirm your acceptance and understanding of these terms and conditions. If you require clarification as to any of these terms and conditions, please contact Brown-Forman Corporation, 850 Dixie Highway, Louisville, KY 40210 USA; ATTN: Global Privacy Officer.

Section 1 Access Authorisation

1. 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.
2. 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.
3. Brown-Forman reserves the right to restrict or terminate your access to this Site or any feature thereof if you use the property of Brown-Forman (refer to Section 3 in this regard) contrary to the provisions stipulated in 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 unlawful actions. In the event of particularly serious offences, Brown-Forman may terminate or restrict your access to this Site or any feature thereof at any time without prior notice.

Section 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 require the materials or information solely for, private 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 or information;

- You do not assert any copyright or other intellectual property, ownership or other interest or right in respect of the materials or 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 or of the age at which you have legal capacity to contract in the country in which you are resident, whichever is the greater.

Section 3 Copyrights, Trademarks and other Intellectual Property Rights

The content of this Site, including but not limited to any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Brown-Forman or its affiliates (“Brown-Forman’s Proprietary Material”) unless otherwise stipulated in writing. Brown-Forman’s Proprietary Material is protected under the laws of Mexico 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 Brown-Forman.

Section 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 Brown-Forman or its affiliates.

Section 5 Disclaimer of Warranties / Exclusion of Liability

1. Your use of this Site is at your own risk. Brown-Forman assumes no liability for damages arising from the use of or inability to use this Site.
2. Brown-Forman does not warrant that the functions provided by this Site will be uninterrupted or error free, nor that the site or the server that makes the site available are free from viruses or other harmful components. Brown Forman may suspend access to this site without notice at any time and accepts no liability for any consequences of the site being unavailable for any reason. 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 reasons. Brown-Forman does not assume any guarantee that no viruses are transmitted via this Site, unless Brown-Forman has acted with intent or gross negligence, and you waive and abandon any such claims against Brown-Forman (and any of its associated companies), save as may arise as aforesaid.
3. To the extent Brown-Forman grants third parties the possibility to make statements on this Site, Brown-Forman assumes no responsibility as to the content and accuracy thereof. Brown-Forman shall be responsible for third-party content only if Brown-Forman had prior knowledge of such content and it is technically possible and reasonable to prevent the use thereof.
4. Brown-Forman makes efforts to ensure that the content of this Site is reliable and up to date, but does not represent, warrant or guarantee the accuracy and/or completeness of any such content.
5. 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 – legally non-binding – convenience. If you choose to open or make use of linked websites of third parties, you do so at your own risk.

Section 6 Indemnification

You hereby agree to indemnify and hold Brown-Forman harmless from and against any claims for damages or other claims made by any third party, including 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 use. The contents of this Site do not constitute the provision of any legal representations or warranties. Whilst all reasonable precautions have been taken in the preparation of the information on this site, no reliance may be placed on this information and Brown-Forman disclaims all representations, undertakings and warranties, including, but not limited, to warranties as to the price, quality, accuracy or content of products or and/or information of whatsoever nature and warranties of fitness for a particular purpose of products and/or information. Neither Brown-Forman nor any of its directors or representatives or employees or subcontractors shall be liable for any direct, indirect, incidental, special or consequential loss or damage arising from any misrepresentations, negligence, omission of information or incomplete information, caused or resulting from any reliance on the contents of this Site.

Section 7 Communications with this Site

1. Do not transmit to or via this Site any pornographic, obscene, offensive, defamatory or otherwise unlawful content.
2. 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 any time. By sending content/information (including but not limited to 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:
1. 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;
2. the right to use and exploit your communications in digital online and offline media (such as internet, CD-ROM, CDi, CDe, DVD);
3. the right to use your communications in analogue and/or digital electronic databases, data networks and telephone services or similar multimedia services;
4. the right, where necessary, to modify your communications;
5. the right to grant sublicenses to third parties.
3. You further agree that Brown-Forman is not obligated to pay any compensation to you for the above-mentioned use.
4. 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.
   
   In the event of a failure to adhere to the guarantees mentioned in this Section 7, the user shall hold Brown-Forman harmless from and against any claims asserted by third parties, including attorney’s fees, on first demand. This does not prevent Brown-Forman from claiming any further-reaching damages suffered by it.

Section 8 Data Privacy

Brown-Forman gathers and (temporarily) stores legally admissible information, i.e. the Internet Protocol address of your internet access as well as the date and time you accessed this Site. In addition, where required, the age of the respective user is stored in order to determine if the user is of a legal age to consume alcohol. This information is used to count the number of visits on the various sections of this Site, to determine if the users are legally permitted to consume alcohol and to help Brown-Forman make this Site more user-friendly. Apart from this, Brown-Forman will collect, store and process personal data within the framework of statutory provisions contained in the applicable data privacy regulations.

Please note that we may publish your name if you have won in one of our contests.

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, Tequila Herradura 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 Mexico which may not provide levels of protection in respect of personal data as high as those which apply in Mexico. 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: Consumer Support, 3310 West End Avenue, Suite 600, Nashville, TN 37203, USA or by email to el_jimador@eljimador.com.

Section 9 Cookies

This Site uses a cookie for simplifying your use of the Site. A cookie is a small file that contains text-information and is placed in your web-browser during your session. Once you close the browser the cookie will be stored automatically and locally on your computer. The cookie (i) operates so that after your first visit you do not need to type your date of birth if you visit the site within two hours after your first visit; (ii) allows content to be delivered to you based on the country you select; (iii) operates to make registration and other procedures on the Site easier for you, and (iv) contains anonymous information about your visit to the Site. The cookie is set to expire on January 1, 2030.

Section 10 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.

Section 11 Governing Law / Place of Jurisdiction

1. Your use of this Web site and all contractual relationships with Brown-Forman in connection with your use, including without limitation these terms and conditions of use, shall be governed by the laws of Mexico to the exclusion of its provisions on conflict of laws and the UN Sales Convention.
2. Any disputes that may arise between you and Brown-Forman in connection with the Site and/or your access to and use of the Site shall be brought before the competent courts of Mexico.
   

Section 12 Final Provisions

1. Brown-Forman makes no claims that the content of this Site may be downloaded outside of Mexico. If you access this Site from outside Mexico, you do so at your own risk. In such case, you are responsible for compliance of such access with the laws of the country or territory in which you are located. References to a particular product or service do not imply that Brown-Forman intends to make such products or services available in all countries. In other countries, products and services are distributed according to the rules and conditions of the respective countries.
2. 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.
3. 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.