Your Privacy Rights
Heineken USA Terms of Use
Last Updated: February 23, 2017
  1. Agreement to terms: By using our online services, including any website, software, social media site, or application controlled by HEINEKEN (the “Services”), you acknowledge and agree to these Term of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES. These Terms of Use hereby incorporate by this reference any additional terms and conditions posted by HEINEKEN through the Services or otherwise made available to you by HEINEKEN.
  2. No entry for under-aged persons: You must be twenty-one (21) years of age or older to use the Services.
  3. Intellectual property belongs to HEINEKEN: The DOS EQUIS name, logos and trademarks belong to CERVEZAS MEXICANAS or HEINEKEN USA INCORPORATED (collectively hereinafter referred to as “HEINEKEN”). By using the Services, you acknowledge and agree that any name, logo, trademark or service mark contained in these Services is owned or licensed by HEINEKEN and may not be used by you without HEINEKEN’S prior written approval. HEINEKEN will enforce its intellectual property rights to the full extent of the law. Audio, graphics, charts, text, video, information, or images of places or people contained on the Services are either the property of HEINEKEN or used in the Services with permission. Your use of any of these materials is prohibited unless specifically provided for on the Services. Any unauthorized use of these materials may subject you to penalties or liability for damages including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
  4. Copyrights belong to HEINEKEN: HEINEKEN is the copyright owner of the Services, and no portion of the Services including, without limitation, the text, images, audio or video, may be used in any manner, or for any purpose, without HEINEKEN’S express prior written permission, except as otherwise explicitly stated herein. Any modification, re-posting or use of the material in the Services for any other purpose violates HEINEKEN’S legal rights. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by HEINEKEN to use a HEINEKEN website, you may view one (1) copy of any portion of the website to which HEINEKEN provides you access under these Terms of Use, on any single device, solely for your personal, non-commercial use. If you use a HEINEKEN app, the app is licensed (not sold) to you. Subject to your compliance with these Terms of Use, HEINEKEN permits you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the app on a mobile device that you own or control.
  5. Information submitted through the Services. Your submission of information through the Services is governed by the HEINEKEN Privacy Policy, located at [URL]. You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete and that you will maintain and update such information as needed.
  6. User names and passwords: You may need to register to use all or part of the Services. HEINEKEN may reject, or require that you change, any user name, password, or other information that you provide when registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password, and you must promptly notify us of any unauthorized use of your user name or password.
  7. Jurisdictional issues: The Services are controlled and operated by HEINEKEN from the United States and are not intended to subject HEINEKEN to any non-U.S. jurisdiction or law. Any and all information contained in the Services, including, without limitation, information regarding products and services, applies only to those products and services offered in the U.S. The Services may not be appropriate or available for use in non-U.S. jurisdictions. If you use the Services from outside of the U.S., any such use is at your own risk, and you are responsible for compliance with all applicable local laws. HEINEKEN may limit the availability of the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that it chooses.
  8. Your submissions: Users of the Services may make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Services’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. HEINEKEN has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personal or other information publicly available through the Services, you do so at your own risk.
  9. HEINEKEN’s license to use your Submissions: For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to HEINEKEN a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

    In addition, if you provide to HEINEKEN any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place HEINEKEN under any fiduciary or other obligation. You further acknowledge and agree that HEINEKEN has no obligation to use any Feedback or Submission, and that you have no right to compel any such use.

    You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Services, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
  10. Rules of conduct: In connection with the Services, you must not:
    1. Post, transmit or otherwise make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    2. Post, transmit or otherwise make available any materials that could: (a) constitute or encourage conduct that would be considered a criminal offense; (b) give rise to civil liability; (c) promote the excessive, irresponsible or underage consumption of alcohol; or (d) otherwise violate any law or regulation.
    3. Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    4. Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
    5. Harvest or collect information about users of the Services.
    6. Interfere with or disrupt the operation of the Services or the servers or networks used to make them available, including by hacking or defacing any portion of the Services, or violate any requirement, procedure or policy of such servers or networks.
    7. Prevent any person from using the Services.
    8. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without HEINEKEN’s express prior written consent.
    9. Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
    10. Remove any copyright, trademark or other proprietary rights notice from the Services.
    11. Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without HEINEKEN’s express prior written consent.
    12. Systematically download and store Services content.
    13. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without HEINEKEN’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in any Service’s root directory, HEINEKEN grants to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HEINEKEN reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
    You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
  11. Monitoring: HEINEKEN may (but has no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Services. HEINEKEN may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. Notwithstanding that HEINEKEN or other parties are involved in creating, producing or delivering the Services and may, from time to time, monitor or review transmissions, postings or discussions, HEINEKEN and all parties involved in creating, producing or delivering the Services assume no responsibility or liability which may arise from the content thereof including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
  12. Products: The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by HEINEKEN or by third parties. The availability through the Services of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
  13. Transactions: We may make available through the Services the ability to purchase Products through a third party alcohol delivery service (a “Transaction”). If you wish to make a Transaction, you will be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information to such third party. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We are not responsible for your Transactions with third-party alcohol delivery services. Such Transactions are subject to the third party’s own terms of sale, terms of use, and privacy policy.

    HEINEKEN reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; and to bar any user from making any Transaction.
  14. Promotions: Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, you must read and agree to any such rules prior to participating. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
  15. No warranties: Although the specifications, features, illustrations, text, images, audio, video, content and other information and materials contained in the Services are based upon up-to-date information, and while HEINEKEN makes all reasonable efforts to ensure that all content, information and materials in these Services are correct, HEINEKEN makes no warranties or representations that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at corporaterelations@heinekenusa.com with a description of such alteration and its location on the Services.

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND FUNCTIONS MADE AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE SERVICES, HEINEKEN EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING: (A) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) THAT THE SERVER OR MEANS THAT YOU USE TO ACCESS THE SERVICES IS FREE OF VIRUSES, BUGS OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, NETWORK CONNECTIONS OR ANY OTHER PROPERTY.

    All disclaimers of any kind (including in this section and elsewhere in these Terms of Use) are made on behalf of both HEINEKEN and its affiliates and each of their respective shareholders, directors, officers, employees, affiliatesagents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”).
  16. Limitation of liability: HEINEKEN will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, HEINEKEN will not be liable for damages of any kind resulting from your use of or inability to use the Services or from any Third Party Materials (AS DEFINED BELOW). Your sole and exclusive remedy for dissatisfaction with the Services or any Third Party Materials is to stop using the Services. The maximum aggregate liability of HEINEKEN for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the GREATER OF THE total amount, if any, paid by you to HEINEKEN to use the Services OR tEN U.S. DOLLARS ($10.00). All limitations of liability of any kind (including in this section and elsewhere in these Terms of Use) are made on behalf of both HEINEKEN and the Affiliated Entities.

    Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
  17. Indemnification: Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold HEINEKEN and the Affiliated Entities harmless from and against any and all claims, losses, liability, costs and expenses (including, without limitation, attorneys’ fees and costs) incurred by the Affiliated Entities in connection with any claim arising out of (a) your use of, or activities in connection with, the Services, and (b) any breach or alleged breach by you of these Terms of Use. HEINEKEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case, you will cooperate as fully as reasonably required in HEINEKEN’S defense of any such claim. In no event shall you settle any such matter without the express prior written consent of HEINEKEN.
  18. Third-party materials and links: The Services may make available access to materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by HEINEKEN with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. Your access or use of any Third Party Materials is at your own risk. You must obtain HEINEKEN’s prior written permission to link the Services to your website. HEINEKEN will only authorize links to sites when at least 71.6% of the actual audience of such site is twenty-one (21) years or age or older. HEINEKEN reserves the right to deny any linking request in its sole discretion.
  19. Third-party materials and links: The Services may make available access to materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Use shall be deemed to be a representation or warranty by HEINEKEN with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. Your access or use of any Third Party Materials is at your own risk. You must obtain HEINEKEN’s prior written permission to link the Services to your website. HEINEKEN will only authorize links to sites when at least 71.6% of the actual audience of such site is twenty-one (21) years or age or older. HEINEKEN reserves the right to deny any linking request in its sole discretion.
  20. Respect for intellectual property: HEINEKEN respects the intellectual property rights of others. It is our policy not to permit materials known by HEINEKEN to infringe another party’s copyright to remain on any portion of the Services. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send HEINEKEN a written notice by mail, e-mail or fax, requesting that HEINEKEN remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send HEINEKEN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Julie Kinch, as follows: by mail to Julie Kinch, Heineken USA Incorporated, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601; by e-mail to jkinch@heinekenusa.com. Julie Kinch’s phone number is 914-681-4100. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
  21. Revisions: We may change these Terms of Use by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. Your use of the Services following any changes to these Terms of Use will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms of Use were last changed. We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services.
  22. Governing Law; Arbitration. These Terms of Use are governed by the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these terms of use or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that HEINEKEN and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Terms of Use. The Supplementary Procedures are available online at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
  23. Termination: These Terms of Use are effective until terminated. HEINEKEN may terminate or suspend your use of the Services at any time and without prior notice, including if HEINEKEN believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination or suspension, your right to use the Services will immediately cease, and HEINEKEN may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2-5, 7-13, 15-22, and 24-26 shall survive any expiration or termination of these Terms of Use.
  24. Information or Complaints: If you have a question or complaint regarding the Services, please send an e-mail to corporaterelations@heinekenusa.com You may also contact us by writing to Corporate Relations, 360 Hamilton Avenue, Suite 1103, White Plains, NY 10601 or by calling us at 914-681-4100. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  25. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
  26. General Provisions: These Terms of Use and any terms and conditions incorporated herein (including our Privacy Policy) set forth the entire understanding and agreement between you and HEINEKEN with respect to the Services and your use thereof. You acknowledge that any other written or oral agreements between you and HEINEKEN with respect to the Services, if any, are superseded and of no force or effect. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable for any reason, then such provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and HEINEKEN. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without the express prior written consent of HEINEKEN. HEINEKEN may assign, transfer or sublicense any or all of its rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. HEINEKEN will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
  27. Apple-Specific Terms: In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of a HEINEKEN app compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to HEINEKEN in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the app, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, HEINEKEN’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.
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