Terms and Conditions

1. USE OF THE SITE

   1. Your access to and use of this Site is subject to all applicable laws and regulations which apply to this Site, to the Internet and/or to the World Wide Web, as well as these Terms. Your accessing of this Site and/or your use of this Site constitutes acceptance of these Terms without reservation, limitation or qualification.
   2. You may not use this Site if any of the following conditions apply to you: You are not of legal drinking age in the jurisdiction from which you are accessing this Site ("Your Jurisdiction"); It is otherwise illegal in Your Jurisdiction for you to access, view and/or use this Site; or The consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in Your Jurisdiction. You must not use the Site or cause or permit the Site to be used if any of these conditions apply to you, including if any material on this Site, your use of this Site, or products advertised on this Site, is contrary to the laws of Your Jurisdiction. If any of these conditions apply to you, please leave this Site immediately. If you do not leave this Site, then you will be deemed for all purposes to have represented that none of these conditions apply to you. You agree not to circumvent any age gate or other technical measures we use to ensure that the Site complies with applicable law and regulation.
   3. This Site is for informational purposes only and is maintained exclusively for the personal use and entertainment of persons resident in jurisdictions where the consumption and use of alcohol is permitted and who are of legal age for the consumption of alcohol in those jurisdictions.
   4. The information posted by the Site operator on this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this Site is strictly on an "as is" basis, and you must not assume that this Site will be error free or that it will operate without interruption or as intended. We reserve the right to suspend the use of the Site generally or block your access to any part of the Site if we suspect misuse.
   5. We further reserve the right to disclose to the relevant authorities and in accordance with applicable law any information we hold concerning your identity and any evidence we have which relates directly or indirectly to misuse of this Site. In the event that your misuse constitutes a criminal offence, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing any information we hold concerning your identity to them in accordance with applicable law.
   6. We are not responsible for any content or opinions posted on any form of social media or other forum which is accessible through our Site, unless we ourselves have posted the content. However, if you believe that content posted by third parties breaches your rights, please contact us using the contact information given below, and we will investigate promptly. We will have the right (but not the obligation, unless required by applicable law) to remove any content or opinions posted on our social media or other forum for any reason.

2. INTELLECTUAL PROPERTY

   1. All references in this Site to trade names, trademarks, logos, service marks, designs and other intellectual property (“Intellectual Property”) are references to the owner and/or licensee(s) of such Intellectual Property in Your Jurisdiction, and all rights in respect of all of such Intellectual Property are reserved. ® refers to a registered trademark of the owner of the Intellectual Property in Your Jurisdiction; ™ refers to a trademark of the owner of the Intellectual Property in Your Jurisdiction; and © refers to a copyright of the owner of the Intellectual Property in Your Jurisdiction.
   2. Unless otherwise noted or provided in these Terms or in the text on the Site, everything you see or read on this Site is the property of the owner of such Intellectual Property in Your Jurisdiction, including all copyrights, trademarks, service marks, logos, designs and other intellectual property. You agree that the applicable Mark Anthony entity in Your Jurisdiction owns all right, title and interest in and to the Intellectual Property, that nothing from this Site may be used by you except as provided in these Terms without the written permission of Mark Anthony, and that you will not use the Intellectual Property for any unlawful or infringing purpose. You agree not to reproduce or distribute the Intellectual Property in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from Mark Anthony. Mark Anthony neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Mark Anthony.
   3. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on this Site without the prior written permission of Mark Anthony or any third party that may own any such item displayed on the Site. Your use of any of the Intellectual Property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms. Mark Anthony will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these Terms.

3. SUBMISSIONS

   1. Any communication or material you transmit to Mark Anthony or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called "Submissions"), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of Mark Anthony and may be used by Mark Anthony and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Mark Anthony’s election. Mark Anthony is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to Mark Anthony, you will be deemed for all purposes to have assigned and transferred to Mark Anthony all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that your transmitting any Submission to Mark Anthony will be deemed for all purposes to be your electronic signature to these Terms. Mark Anthony is free to use any ideas, concepts, intellectual property, know-how, or techniques contained in any Submission for any purpose whatsoever.
   2. Without limiting the generality of section 3.1 above, you agree to sign and deliver to Mark Anthony on demand all further documents and assurances that Mark Anthony may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
   3. Mark Anthony is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and Mark Anthony will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any such forums or news groups anything which: defames, libels or invades the privacy of any person; is obscene, pornographic, abusive or threatening; infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; violates any law; advocates or describes any illegal activity; or advertises or solicits funds for goods or services.

4. YOUR CONDUCT

   You will not:

   1. upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site;
   2. interfere with the servers or networks connected to this Site or to violate any of the procedures, policies or regulations of networks connected to this Site;
   3. impersonate any other person while using this Site;
   4. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using this Site;
   5. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which is defamatory, offensive, pornographic, abusive or threatening or which describes any illegal activity or advertises any goods or services;
   6. submit or otherwise publish through this Site or on any social media or other forums accessible from it any material or content which infringes the intellectual property rights of a third party;
   7. use this Site for any unlawful purpose; or
   8. resell, sublicense or export the software associated with this Site.

5. LIMITATION OF LIABILITY AND INDEMNITY

   1. Your use of and browsing in this Site are undertaken at your own risk. Neither Mark Anthony, nor any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of or browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site.
   2. Without limiting the generality of section 5.1, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or any purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction including Your Jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in Your Jurisdiction.
   3. You promise to indemnify and save and hold Mark Anthony, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: your breach of any of your agreements, representations or warranties set out in these Terms; your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or your violation of any law or regulation in Your Jurisdiction or any other jurisdiction.

6. CONFIDENTIALITY AND PRIVACY ISSUES

   1. Unless encrypted, information sent or received over the Internet is insecure and Mark Anthony cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Mark Anthony will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Mark Anthony through this Site.
   2. Through your accessing or usage of this Site, Mark Anthony is able to and may in fact gather certain information about you and your usage of the Site. In so doing, Mark Anthony will comply with the Mark Anthony Privacy Policy available at https://www.markanthony.com/privacy/ ("Privacy Policy"), which is incorporated herein by reference. You may access the full text of the Privacy Policy by selecting the link in the footer. If a Site has additional, separate privacy provisions in addition to the Privacy Policy ("Additional Privacy Provisions"), then use of that Site is subject to those Additional Privacy Provisions. If any terms of the Privacy Policy conflict with the Additional Privacy Provisions presented on any particular Mark Anthony website, then the Additional Privacy Provisions shall control to the extent of the conflict.

7. LINKED SITES

   1. The Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). Even if the third party is affiliated with Mark Anthony, Mark Anthony has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of Mark Anthony. Mark Anthony has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These links to External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Mark Anthony sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
   2. If and to the extent that any other sites on the World Wide Web are linked to this Site or any other Mark Anthony site at any time, Mark Anthony is not responsible for the content of any such linked site or any link contained within such a linked site. Mark Anthony reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by Mark Anthony of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.

8. CONSENT TO COMMUNICATIONS

   1. By providing us with your contact information and using the Site, you agree to receive communications via e-mail and/or social media from or on behalf of Mark Anthony at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

9. NO THIRD PARTY RIGHTS

   1. Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Mark Anthony, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Mark Anthony and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Mark Anthony, and our successors and assigns.

10. OUR CONTRACT

    1. These Terms only deal with your access to this Site. Please note that we may not necessarily keep a copy of these Terms of Use. We advise you to print or save a copy of these Terms for your information in the future. If you would like these terms and conditions in another format (for example: audio, large print, braille) please contact us.