Terms of Use

In order to enhance your experience of our products, Constellation Brands, Inc. and its affiliates and subsidiaries (collectively, “Company”) makes this website available for the personal use and enjoyment of visitors who are of legal drinking age (the “Website”). Company has established these Terms and Conditions so that you will know what is expected from Company, and Company will know what to expect from you. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.

YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS WEBSITE. IF YOU ARE NOT OF LEGAL DRINKING AGE, DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR IF YOU LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.

THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY WAIVER SECTION BELOW.

PERSONAL AND NON-COMMERCIAL USE
This Website is for your personal, non-commercial use only. The copyrights to all contents of this Website are proprietary to Company or its third-party licensors, and you may not reproduce, display, post on any other website, modify, distribute, perform, reuse, broadcast, or otherwise transmit any portion of this Website without Company’s written consent. All content, names, logos, taglines, trademarks, service marks, design marks, trade dress, brand identities, graphics, artwork, videos, music, software and other intellectual property contained on this Website are owned or licensed by Company and may not be used by you without the prior written consent of Company.

UNLAWFUL AND PROHIBITED USE
You represent and warrant to Company that you will not use this Website for any purpose that is unlawful or prohibited by the terms, conditions or notices in these Terms and Conditions and on this Website. Any unauthorized use of the content of this Website may subject you to civil or criminal penalties.

DISCLAIMERS OF WARRANTIES AND DAMAGES
Although Company makes all reasonable efforts to ensure that the content of the Website is up-to-date and correct, Company makes no warranties as to its accuracy. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON OR DOWNLOADED FROM THIS WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USER INPUT AND SUBMISSIONS
You acknowledge that any electronic mail, electronic messaging or other input to Company through this Website is non-confidential. The submission of such materials in no way creates any obligation or duty on the part of Company to post or use such materials or, if Company does so, to give you credit or payment. You represent and warrant that you own or have permission to transmit any materials, videos, GIFs, images, photographs, content, or communications (collectively, “Material(s)”) transmitted by you to this Website and that such Materials do not infringe upon, misappropriate, or violate the copyright, trademark, other intellectual property, publicity, or privacy rights of any third party or non-person, whether living or dead. By submitting, transmitting or posting any Material to this Website, you grant Company and all other such third parties as Company may designate, the absolute, irrevocable, worldwide, perpetual right and permission to reproduce, publish, store, post, display, distribute, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment.

All Material you submit to Company through the Website must be your original creation – in other words, you must have created the Material. If the Material is not your original creation, the person who created the Material must submit it. By submitting Material to the Website, in addition to the representations and warranties in the paragraph above, you represent and warrant that you are at least legal drinking age, and that such Material, including the contents thereof, is your original creation, has not been copied in whole or in part from any other work, and is your sole and exclusive property.

addition to the rights granted above, by submitting Material to the Website which feature or include your image or likeness, you hereby grant Company permission to use your image or likeness as it appears in any such Material and to reproduce, publish, store, post, distribute, display, identify, depict, modify, license, exploit, prepare derivative works of and/or otherwise use the Material, and to post such Material (as submitted, or as edited, modified or otherwise changed at Company’s sole discretion) in composite or distorted character, with or without accompanying music or credit to you, in any manner, form, format or media now or hereinafter created and for any purpose, including but not limited to advertising, all without further notice, consent or payment. If you submit any Material that contains the image or likeness of any person other than you, you agree to obtain written permission from each such person for Company to use such image or likeness as it appears in such Material and to post such Material on the Website, in the manners described above. By submitting any photograph that contains the image or likeness of any person other than you, you represent and warrant that you have obtained such written permission and that such person is of legal drinking age.

Any Material submitted to the Website that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libelous, or threatening activity or material; any activity or material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation, or the rights of third parties; or that is otherwise deemed by Company, in its sole discretion, to be inappropriate (including, without limitation, if any such photograph contains an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any Material will not be accepted or posted, or may be removed to the extent permissible by law, if Company believes, in its sole discretion, that it contains any of the following:

(a) persons under the legal drinking age; (b) competitive products; (c) unsafe behavior / activity that could result in physical injury or property damage; (d) third party materials that you have no rights to, including without limitation, photographs owned by third parties, images or likenesses of celebrities or other individuals, third party trademarks, artwork, music, videos, etc.; (e) illegal activity, including drug use; (f) obscenity or profanity; (g) defamatory or libelous content; (h) content disparaging any brand of Company or any of their competitors; (i) racist or sexist content; (j) harassing, abusive, vulgar or pornographic content; (k) gambling; (l) false or misleading content; (m) trade secrets, or other confidential commercial or financial information; (n) private information of any third party including without limitation, address, phone number, email address, social security number or credit card information; (o) malicious code, viruses, spyware, trojans or other harmful components; or (p) any content in poor taste.

You must be of legal drinking age to submit Material to the Website.

LINKS
The third-party websites (including but not limited to social media platforms) linked from this Website, or any link contained in a linked site, are not under Company’s control, and Company does not assume any responsibility or liability for such third-party content. Company provides these links for your convenience only, and Company makes no guarantees, representations or warranties as to, and shall have no liability for, any content delivered on any third-party website, including, without limitation, the accuracy, subject matter, quality or timeliness of such content. You are responsible for complying with the policies of any third-party website you visit.

You must obtain Company’s permission to link this Website, or any page on the Website, to your website. The fact that Company may be linked to third party websites does not indicate that Company has granted permission to link, and does not constitute an affiliation with, endorsement or recommendation of such third-party website.

PRIVACY POLICY
Information that you provide Company is subject to the Company Privacy Policy, which is posted at the Website. The Company Privacy Policy describes what information is collected, how the information is used, and the choices you have about the way the information is used. By accessing this Website, you agree to be bound by the terms of the Company Privacy Policy and acknowledge that while Company takes commercially-reasonable technical, administrative, and physical security measures to protect your information, no method of transmission over the Internet, or method of electronic storage is 100% secure, so we unfortunately cannot guarantee absolute security and we are not responsible for any harm caused by interception of such data and communications.

APPLICABLE LAWS
This Website is created and controlled by Company in the State of New York. You agree that any claim arising from or relating to this Website, the services provided through this Website or these Terms and Conditions shall be governed by the substantive laws of the State of New York, without giving effect to any principles of conflicts of law. This Website has been designed to comply with United States law. You are responsible for complying with all applicable local laws if you access this Website from locations outside the United States.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY WAIVER
Mandatory Binding Arbitration. The parties to these Terms and Conditions agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of our service, this Website or these Terms and Conditions. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms and Conditions (despite any other choice of law provision).

Arbitration under these Terms and Conditions shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: Constellation Brands, Inc. 207 High Point Drive, Building 100, Victor, NY 14564 Attn: Legal Department.

Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction WITHOUT A JURY and not in arbitration.

Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. BOTH PARTIES FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

TRADEMARKS
Company is the owner or exclusive regional licensee of the trademarks of the products listed on this Website and all related logos and designs, and many other trademarks, service marks, design marks, logos, taglines and trade dress (collectively, the “Trademarks”) in the United States and other countries.

These Trademarks may not be used: (a) by any third party or in connection with any product or service that is not authorized by Company; (c) in any manner which is deceiving to the public or which would impair, dilute, or diminish the value of the Trademarks or harm Company’s reputation; (d) in any modified manner, unless authorized by Company; and (e) in any manner likely to cause confusion, disparagement, or dilution as to source.

OF USAGE
Company may terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, upon your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

INDEMNITY
You shall indemnify, defend and hold Company, and its shareholders, subsidiaries, affiliates, officers, directors, members, managers, agents, other business partners and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Materials you submit, post, transmit or make available through the Website; (b) your use of the Website; (c) your connection to the Website; (d) your violation of these Terms and Conditions; or (e) your violation of any rights of another.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the Website by third parties not within Company’s control. Company is under no obligation to scan content posted on the Website for the inclusion of illegal or impermissible content. However, Company respects the copyright interests of others, and it is Company’s policy not to permit Materials known by Company to infringe another party’s copyright to remain on the Website. Accordingly, Company complies with the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).

If you believe any Materials on the Website infringe a copyright, you should provide Company with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
  3. Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Material;
  4. Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Company’s designated Copyright Agent as follows: copyrightagent@cbrands.com; or Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564, Attn: Copyright Agent, Legal Department. Upon receipt of a notice of infringement that complies or substantially complies with the DMCA, Company will act promptly to remove or disable access to any Material claimed to be infringing. Company will take reasonable steps to notify the user that created or posted the relevant Material that it has removed or disabled access thereto. Any user whose Material has been removed or disabled in accordance with this policy may provide Company with a counter notification under the DMCA. Such counter notification must be provided in writing addressed to Company’s Copyright Agent at the address listed above and must contain:

  1. The user’s electronic or physical signature;
  2. Identification of the Material that has been removed or to which access has been disabled and the location at which such Material appeared before it was removed or disabled, including the complete URL;
  3. A statement under penalty of perjury that the user has a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled; and
  4. The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for any judicial district in which Company may be found and that the user will accept service of process from the person who provided the initial notification of infringement.

The DMCA allows Company to restore removed content if the party filing the original DMCA notice does not file a court action against the user within 10 business days of receiving the copy of the counter notification.

Please be aware that if you knowingly materially misrepresent that Material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall Company be liable for any claim of copyright infringement which may arise from the posting of any Material on any third-party website or that may arise from any other unauthorized use by a third party of such Material or other Company user generated content

ACKNOWLEDGMENT AND CHANGES
These Terms and Conditions and the Privacy Policy referenced herein represent the entire understanding between you and Company regarding your relationship with Company and this Website and supersede any prior statements or representations. If any provision of these Terms and Conditions, or portion thereof, is determined to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms and Conditions and the remainder of the Terms and Conditions shall continue in full force and effect. Company’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of Company’s right to enforce such provision. Company reserves the right to change the Terms and Conditions at any time by posting changes online. Your non-termination or continued use of the Website after changes are posted constitutes your acceptance of the Terms and Conditions as modified by the posted changes.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Permitted Users of This Site
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing this Site.

Rights to Contents and Intellectual Property
Except as otherwise provided, the copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to CBI, its parents, affiliates, subsidiaries, or third party licensors. Except as permitted by these Terms of Use, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without CBI’s express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by CBI or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of CBI or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Use of this Site
CBI maintains this Site for your personal entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with CBI’s express prior written consent. All rights not expressly granted here are reserved to CBI.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

User Submissions
This Site may now or in the future permit the submission of photographs, videos, essays and/or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, CBI does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CBI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to CBI, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and CBI’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site and to display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once your User Submission is removed or deleted from the Site.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CBI all of the license rights granted herein; (ii) publish falsehoods, misrepresentations, or derogatory messages that could damage the reputation of CBI, or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. CBI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CBI expressly disclaims any and all liability in connection with User Submissions. User Submissions must comply with the Constellation Brands, Inc. Global Code of Responsible Practices for Beverage Alcohol Advertising and Marketing. CBI reserves the right to deny the publishing of User Submissions, to remove User Submissions, and/or to terminate your access for uploading User Submissions in its sole discretion at any time, without prior notice and at its sole discretion.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that CBI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CBI with respect thereto, and agree to indemnify and hold CBI, its parents, affiliates and subsidiaries harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

No Warranties
CBI DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.

CBI also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

Limitation of Liability
In no event shall CBI, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification
You agree to defend, indemnify and hold CBI, its parents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. CBI will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. CBI cannot prevent the “harvesting” of information from this Site, and you may be contacted by CBI or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of CBI, may or may not be posted to this Site at the sole discretion of CBI and may be used by CBI or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CBI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by CBI without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although CBI may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, CBI is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. CBI assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Notice and Procedure for Making U.S. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Site’s Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

CBI’s Copyright Agent for Notice is:

Constellation Brands Copyright Agent
Constellation Brands, Inc. 207 High Point Drive, Building 100
Victor, NY 14564
Phone: (800) 836-9463

We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CBI may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination
At its sole discretion, CBI may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by CBI or its affiliates do not imply endorsement of that product, publication or site. CBI has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than CBI. Each linked to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. CBI does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. CBI does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of New York, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that CBI intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to CBI, located in the State of New York, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

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