Terms of Use
Any use by you of the website operated by Ceylon Pride Group. at www.Ceylonpride.com
(the "Site") is conditional upon your acceptance of these Terms &
Conditions, including our Privacy Statement. We reserve the right to amend these
Terms & Conditions from time to time without notice and at our discretion.
It is your responsibility periodically to review this page for updates to these
Terms & Conditions, which shall come into effect once posted. Your continued
use of the Site will be deemed acceptance of these Terms & Conditions, including
our Privacy Statement.
This Site is intended for use by you only 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 do not fall within this category, you may be in breach of laws
or regulations applicable in your country of residence or in your country of
access and you should leave the Site immediately.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.
This Site is made available by Ceylon Pride Group. Ceylon Pride Group. and
its subsidiaries, affiliates, parent companies and any of their related businesses
are referred to in these Terms & Conditions as "we", "us"
or "our".
1. Rights - all rights in all material and content (including, but not limited
to, text, images, web pages, sound, software (including, code, interface and
website structure) and video, and the look and feel, design and compilation
thereof) at this Site are owned by us or our licensors. You agree that you are
permitted to use this material and/or content only as set out in these Terms
& Conditions or as otherwise expressly authorised in writing by us or our
licensors, and that you may not otherwise copy, reproduce, transmit, publicly
perform, distribute, commercially exploit, adapt, translate, modify, bundle,
merge, share or make available to any person, or create derivative works of
such material or content.
2. Intellectual Property – We are the owner and/or authorised user of
all trade marks, service marks, design marks, patents, copyrights, database
rights and all other intellectual property appearing on or contained within
the Site, unless otherwise indicated. Except as provided in these Terms &
Conditions, use of the Site does not grant you any right, title, interest or
license to any such intellectual property you may access on the Site. Except
as provided in these Terms & Conditions, any use or reproduction of the
intellectual property is prohibited.
3. Copying - You may view this Site and you are welcome to print hard copies
of material on it solely for your lawful, personal, non-commercial use. All
other copying, whether in electronic, hard copy or other format, is prohibited
and may breach intellectual property laws and other laws world-wide. Furthermore,
you are not entitled to reproduce, transmit, publicly perform, distribute, adapt,
translate, modify, bundle, merge, share or make available to any person, or
create derivative works of such material, or use it for commercial purposes,
without our prior written consent. All other rights are reserved.
4. Acceptable Usage Policy – This Site may contain discussion groups,
bulletin boards, chat rooms and other interactive services. We do not actively
monitor use of our discussion groups, bulletin boards or chat rooms. Similarly,
we do not exercise editorial control over the content of any third party sites,
electronic mail transmission, text message, news group, bulletin board, chat
room or other material created or accessible over or through the Site. As a
result, you may be exposed to content on the Site or on sites accessible over
or through the Site that you find offensive or objectionable. However, we do
reserve the right to monitor our discussion groups, bulletin boards, chat rooms
and other interactive portions of the Site and to remove any content which,
in our sole discretion, constitutes a misuse of these interactive services and
may restrict, suspend or terminate your use of these services or the Site where
we believe that there has been such a misuse.
The following examples constitute a misuse of the interactive services:
a. using the services for any improper, unlawful or immoral purpose, causing
any nuisance by your use of the services or causing the operation of the services
to be jeopardised or impaired;
b. using the services to create, host or transmit (whether in a live chat room,
on a bulletin board or otherwise) any defamatory, offensive, or obscene material
or engaging in activities which would cause offence to others on grounds of
race, religion, creed or sex;
c. using the services to harm, or attempt to harm, minors in any way;
d. using the services to create, host or transmit any material that threatens
or encourages bodily harm or the destruction of property or would constitute
a criminal offence or give rise to civil liability;
e. using the services to create, host or transmit material which infringes the
copyright, trademark, patent, trade secret or other intellectual property or
proprietary rights of any other party;
f. using the services to create, host or transmit unsolicited advertising material
to other users;
g. using the services to create, host or transmit any material that harasses
another; using the services to make fraudulent offers to sell or buy products,
items or services;
h. adding, removing or modifying identifying network header information in an
effort to deceive or mislead;
i. using the services to access, or to attempt to access, the accounts of others
or to penetrate, or attempt to penetrate, our or a third party’s security
measures, computer software, hardware, electronic communication system, or telecommunications
systems;
j. using the services to collect, or attempt to collect, personal information
about third parties without their knowledge or consent or to engage in screen
scraping, database scraping or any other activity with the purpose of obtaining
lists of users or other data;
k. using the services for any activity which adversely affects the ability of
other people or systems to use the services or the internet generally;
l. reselling, repurposing or redistributing any services provided by us our
contractors or our licensees without our prior written consent; or impersonating
any person or entity or using a false name that you are not authorised to use.
This list only serves to provide examples and is not meant to be an exclusive
list of the type of misuses of the interactive services that may result in the
restriction, suspension or termination of your access to the Site. Due to the
global nature of the internet, users hereby agree to comply with all local rules
regarding on-line conduct and acceptable content. Users also agree to comply
with any applicable rules regarding the export of any data from any country.
The opinions expressed in live chat rooms and/or posted on bulletin boards
or on other interactive services are not necessarily ours. Any statements, advice
and opinions made by such participants are those of such participants only.
We neither endorse nor shall be held responsible for any such statements, advice
or opinions.
5. NO WARRANTIES - THIS SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF
IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS,
DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
SITE WILL BE FREE FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE
THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM
AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS
YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS
OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE.
6. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES
AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED
THROUGH OR ON THE SITE.
REPUBLIC OF IRELAND CONSUMERS, PLEASE NOTE THAT THE EXCLUSION OF RIGHTS UNDER
SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 IS SUBJECT TO
THE PROVISIONS OF SECTION 40 OF THAT ACT,
7. Your responsibility - You should always verify the information set out in
this Site with independent authorities before acting or relying on it. It is
your responsibility to use virus checking software on any material downloaded
from this Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third
parties, you warrant that you have received that third party’s consent
in relation to such disclosure and that the third party has been informed of,
and agrees to, our Privacy Statement and the uses which we may make of such
information.
8. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST
OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL ,OR OTHERWISE) SUFFERED BY YOU AS
A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH
THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR
DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY
INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE
AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT,
OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
9. Materials submitted by you - Unless specifically requested, we do not solicit
nor do we wish to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services, by email,
or in any other way. Any information or material submitted by you, and which
has not been specifically requested by us, will be deemed not to be confidential,
secret or proprietary. You agree that any information or materials submitted
by you to this Site, whether ideas, creative concepts or other materials, may
be used, reproduced and disclosed by us without restriction for whatever purpose
we deem fit and without payment of any sum or acknowledgement of you as their
source. You also warrant that any “moral rights” in posted materials
have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY
FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH
MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect
any rights you may have under data privacy laws that protect your personal information
or similar privacy laws, to the extent that such rights cannot be excluded.
10. User Information - In the course of your use of the Site, you may be asked
to provide personal information to us (such information referred to hereinafter
as "User Information"). Our information collection and use policies
with respect to such User Information are set forth in the Site Privacy Statement,
which Privacy Statement is incorporated into these Terms & Conditions by
reference. You acknowledge and agree that you are solely responsible for the
accuracy and content of the User Information.
11. Links from and to the Site - You acknowledge and agree that we have no responsibility
for the information provided by Web sites to which you may link from this Site
("Linked Sites"). Links to Linked Sites do not constitute an endorsement
by or association with us of such sites or the content, products, advertising
or other materials presented on such sites. We have no control over these Linked
Sites and do not edit or monitor them. You acknowledge and agree that we are
not responsible or liable, directly or indirectly, for any damage, loss or cost
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on such Linked Sites.
12. Indemnity - You will indemnify us against any loss, damage or cost incurred
by us arising out of your use of the Site, any of its services or any information
accessible over or through the Site, including information obtained from linked
sites, your submission or transmission of information or material on or through
the Site or your violation of these Terms & Conditions or any other laws,
regulations and rules. You will also indemnify against any claims that information
or material which you have submitted to us is in violation of any law or in
breach of any third party rights (including, but not limited to, claims in respect
of defamation, invasion of privacy, breach of confidence, infringement of copyright
or infringement of any other intellectual property right). We reserve the right
to exclusively defend and control any claims arising from the above and any
such indemnification matters and that you will fully cooperate with us in any
such defenses.
13. Restriction, Suspension and Termination - We may restrict, suspend or terminate
your access to the Site and/or your ability to avail of any of the services
on the Site, including interactive services, if we believe that you have breached
these Terms & Conditions at any time. Any such restriction, suspension or
termination will be without prejudice to any rights which we may have against
you in respect of your breach of these Terms & Conditions. We may also remove
the Site as a whole or any sections or features of the Site at any time. Please
note that we have the ability to trace your IP address and if necessary contact
your ISP in the event of a suspected breach of these Terms & Conditions.
14. Entire Agreement - These Terms & Conditions, including our Privacy Statement,
constitutes the entire agreement between you and us in relation to its subject
matter and supersedes any and all prior promises, representations, agreements,
statements and understandings whatsoever between us. To the extent that software
is available through the Site, such software may be subject to a license agreement
that is distributed or included with such software and you agree to abide by
the terms and conditions of any such license agreements. The failure by us to
exercise or enforce any right or provision of the Terms & Conditions shall
not constitute a waiver of such right or provision. If any provision of the
Terms & Conditions is found by a court of competent jurisdiction to be unenforceable
or 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 & Conditions shall remain in full
force and effect.
®Ceylon Pride Group. 2004. All rights reserved.