Terms and conditions
1. Acceptance of these Terms
1.1 Welcome to our website dedicated to our brand Birra Moretti (the “Website”). These terms and conditions together with our Privacy and Cookie Policy govern your use of this Website. This Website should not be used by those under legal purchasing age for alcohol in their country of residence.
2. Applicability
2.1 These Terms apply to all visits to and all use of this Website of Heineken Brouwerijen B.V., located at Tweede Weteringplantsoen 21, 1017 ZD Amsterdam, the Netherlands ("HEINEKEN"), as well as to all information, recommendations and/or services provided you on or through this Website (the "Information").
2.2 By using this Website you agree to the applicability of these Terms. We note that these Terms may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms. Users of the Website are advised to regularly read the Terms for possible changes.
3. Information and Liability
3.1 The Information is for general information purposes only and does not constitute advice. The Website is provided “AS IS” and “AS AVAILABLE”). HEINEKEN shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on the part of HEINEKEN. HEINEKEN shall not be liable for damages resulting from any lack of suitability, timeliness or accuracy of this Website or the Information.
3.2 HEINEKEN shall furthermore not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
3.3 The Information originating from third parties constitutes an expression of the personal opinions of those third parties. HEINEKEN is not responsible and shall not be liable for such Information. Hyperlinks on this website may direct visitors to external websites which are maintained by third parties. HEINEKEN shall not be liable for the contents and the functioning of such external websites. HEINEKEN shall also not be liable for the quality of products or services which may be offered on such external websites.
4. Intellectual property rights
4.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned or licensed by HEINEKEN. These rights include, but are not limited to all copyrights, rights to the trade name; word trademarks, pictorial trademarks and logos of BIRRA MORETTI, such as but not limited to the rights of “BIRRA MORETTI” patent, trade secret and other intellectual property or proprietary rights laws the rights to “BIRRA MORETTI” and are protected by.
4.2 You can use the Website only for purposes in line with these Terms. You are permitted to make copies of (parts of) the Website for personal use. You must not use any part of the content on our Website for other purposes without obtaining a licence from us.
4.3 The storage or reproduction of (a part of) the Website in any external site is prohibited without the express written consent of HEINEKEN.
5. Social media
5.1 The Website may include content from various social media websites as Twitter, Facebook, Instagram and YouTube. Such content may constitute an expression of the personal opinions of third parties, for which HEINEKEN cannot be held responsible. Although HEINEKEN will endeavour to moderate all such content to ensure that only appropriate content is placed on the Website this may not always be possible. If you feel that any of your rights were violated by the content that HEINEKEN has derived from such social media sites and subsequently placed on the Website, you can use the flag button and it will automatically be removed, or you can use the contact form as provided on the Website and we will address your notice as soon as possible.
6. Sharing
6.1 We are a beer brand, so please only share our website and content with people over legal drinking age.
7. Unsolicited ideas
7.1 In the event that you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (the "Ideas") on this Website or send such Ideas to HEINEKEN by email or otherwise, HEINEKEN shall be entitled to use, copy and/or commercially exploit such Ideas to the fullest extent and free of charge. HEINEKEN shall not be bound by any confidentiality obligation in respect of such Materials.
8. Indemnification
8.1 You agree to defend, indemnify and hold harmless our company and affiliates and us and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s Content, services and products other than as expressly authorized in these Terms,
9. Miscellaneous
9.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.2 These Terms are governed by the laws of the Netherlands. Any dispute or claim arising out of or in connection to the use of the Website will be settled by the courts of Amsterdam, the Netherlands.
10. User Generated Content
10.1 User Generated Content – Lawful Use. In connection with User Submissions, you agree that you will not: (i) publish falsehoods or misrepresentations that could damage us or any third party; (ii) submit material that is unlawful, obscene, defamatory, threatening, indecent, seditious, offensive, abusive, pornographic, harassing, hateful, discriminatory, scandalous, inflammatory, blasphemous, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit material that could promote the excessive, irresponsible or underage consumption of alcohol; (iv) submit photographs of anyone under the age of 25; (v) submit material which is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the Website (including without limitation by hacking); (vi) post advertisements or solicitations of business or any material which may breach any advertising code; (vii) impersonate another person; or (viii) violate another person’s right to privacy. Notwithstanding that Heineken or other parties are involved in creating, producing or delivering this Website and may, from time to time, monitor or review transmissions, postings or discussions, Heineken assumes no responsibility for any liability that might arise from the content posted on the Website, including without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity or invasion of privacy. Heineken will delete or hide any User Submissions that it deems inappropriate based on these Terms and Conditions.
10.2 User Generated Content – Opinions. This Website may include information and materials uploaded by other users of the Website, including to social media pages, video sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views and values. Heineken does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
10.3 User Generated Content – Removal. We may remove User Submissions and/or terminate a user's access for uploading material to the Website at any time, without prior notice and at our sole discretion. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes another's intellectual property rights. We also reserve the right to decide whether content of a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
