Terms & Conditions


These Terms and conditions (“Terms of Use” or “Agreement”) were updated on October 1, 2014.

This website (“Website”) is run and maintained by ROUST group of companies (hereinafter – “Roust”). Your use of the Website is conditional upon the acceptance of these Terms of Use, including the Privacy Policy. Your use of the Website indicates your express consent to the Terms of use. If you do not agree to comply with the Terms of Use, you may not use or access the Website.

Roust reserves the right to periodically update these Terms of Use. Your continued use of the Website after any such update indicates your agreement to the updated Terms of Use. It is your responsibility to periodically review the Terms of Use to ensure compliance therewith.

You may only use and access the Website if you are of legal age to purchase alcohol in your country of residence AND in the country from which you are accessing the site. If you are not of legal age to purchase alcohol, you are expressly forbidden from using and accessing the site and put on notice that such use may subject you to criminal and civil penalties in the country in which you reside and/or access the Website.

IF YOU DO NOT ACCEPT ANY OF THE TERMS IN THIS TERMS OF USE YOU MUST LEAVE THE WEBSITE IMMEDIATELY

All references to “our”, “us” or “we” within these Terms of Use are deemed to refer to Roust, its subsidiaries and associates.

INTELLECTUAL PROPERTY

The Website is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in this Agreement, your use of the Website and its services shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. Roust trademarks include without limitation its name, logos, product design and registered and common law trademarks in every country in which it is does business and/or is known by consumers. You specifically agree that Roust or its third-party licensors’ own all intellectual property rights in and to the content offered on the Website (regardless of whether those rights are registered). Except as provided in these Terms of Use, any use of the intellectual property is prohibited. All rights are herein expressly reserved.

LICENSE TO USE WEBSITE PROPERTY

Roust hereby grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use the services and/or the materials available on the Website for personal, noncommercial use only, subject to the restrictions in this Agreement. This includes printing hard copies of the material located herein solely for your lawful, personal, non-commercial use. All other copying is prohibited.

USER SUBMITTED CONTRIBUTIONS

By submitting contributions to the Website, including ideas, suggestions, and/or proposals of any kind, you acknowledge and agree that: (a) your contributions do not contain any confidential or proprietary information belonging to another; (b) Roust is not under any obligation of confidentiality, express or implied, with respect to the contributions; © Roust shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) Roust may have something similar to the contributions already under consideration or in development; (e) your contributions automatically become the property of Roust without any obligation of Roust to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Roust under any circumstances.

TERMINATION

You agree that Roust may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Website’s services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies,(c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website or its services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Website’s services. Termination of your account includes (a) removal of access to all offerings within the Website and its services, and (b) barring of further use of the Website and its services. Further, you agree that terminations shall be made in Roust’s sole discretion and that, except as explicitly provided herein, Roust shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website or its services. Upon any termination of this Agreement, you shall immediately discontinue use of the Website and its services.

LINKS

The Website may provide, or third parties may provide, links to other Websites. Roust has no control over such sites, therefore, you acknowledge and agree that Roust is not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that Roust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.

INTERNATIONAL NATURE OF THE INTERNET

You acknowledge and accept the international nature of the Internet, and further acknowledge and consent to your obligations to respect and fully comply with the respective national and local laws and rules of conduct of every country in which you live and/or access the website. You warrant and represent that Roust has no control over your individual compliance with any national and/or local laws and rules, and explicitly agree to indemnify and hold Roust harmless for any violation of national and/or local laws and rules by you.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ITS SERVICES, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ROUST (INCLUDING, WITHOUT LIMITATION, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF ROUST (COLLECTIVELY, “ROUST THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ROUST AND ROUST THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. NEITHER ROUST NOR ANY ROUST THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE OR THAT ANY DEFECTS IN THE SITE, THE SOFTWARE, THE MATERIALS, THE PRODUCTS, OR THE SERVICES WILL BE CORRECTED; NOR DO ROUST OR ANY ROUST THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE SERVICES OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE 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 DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ROUST OR ANY RELATED THIRD PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE WEBSITE, ITS SERVICES, ANY WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF ROUST UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100.00

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD ROUST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE WEBSITE OR ITS SERVICES, YOU USE OF THE WEBSITE OR ITS SERVICES, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

GENERAL INFORMATION

Entire Agreement. These Terms of Use and Privacy Policy constitute the entire agreement between you and Roust and governs your use of the Website and its services, superseding any prior agreements between you and Roust with respect to the Website and its services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of use, Privacy Policy and the relationship between you and Roust shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Roust agree to submit to the personal and exclusive jurisdiction of the courts located within England.

Waiver and Severability of Terms. Failure of Roust to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, its services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement Roust respects the intellectual property of others, and we ask our Users to do the same. Roust may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Roust with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Roust’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: info@roust.com

VIOLATIONS

Please report any violations of the Terms of Use to info@roust.com.

Roust, Copyright © 2017. All rights reserved.