GMODELO EUROPE SA, with registered offices at Pradillo nº 5, 28002 – Madrid and fiscal identification (C.I.F.) nº A-80684111 (henceforth, GMODELO), makes this website available for the personal use and enjoyment of visitors aged 18 or over. GMODELO has established these terms and conditions of use so that you will know what to expect from GMODELO, and so you know what we expect from you.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE OR IF YOU LIVE IN A COUNTRY WHERE THE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
PERSONAL AND NON-COMMERCIAL USE
This website is for your personal, non-commercial use only. The copyright to all content on the website belongs to GMODELO or its subsidiaries or third party licensors, and you may not reproduce, post on any other website, modify, distribute or transmit any portion of the site without written consent from GMODELO. Any name, logo, registered trademark or service mark contained on this website is owned or licensed by GMODELO and may not be used by you without the prior written consent of GMODELO.
UNLAWFUL OR PROHIBITED USE
You warrant to the 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.
DISCLAIMER OF WARRANTIES AND DAMAGE
Although GMODELO makes every reasonable effort to ensure that the content of the website is correct and up to date, GMODELO makes no warranties as to its accuracy. YOU ACCEPT THAT THE USE YOU MAKE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY TYPE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-VIOLATION OF THE CLAUSES. IN NO EVENT SHALL GMODELO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, NOR FOR ANY 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. THE FULL EXTENT OF THE LIABILITY OF GMODELO IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE AND WHOSE CONDITIONS OF SALE AND ACQUISITION ARE CONTAINED IN THE APPROPRIATE SECTION. SINCE SOME AUTONOMOUS COMMUNITIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
USERS’COMMENTS AND SUBMISSIONS
You acknowledge that any e-mail message or any other input sent to GMODELO via this website is not confidential. You also accept that any ideas, concepts, techniques or other materials that you send to GMODELO become the property of GMODELO at the time they are submitted and/or posted, and may be used by GMODELO for any purpose and without compensation. GModelo Europa, S.A.U. is not responsible for any comments posted on this website by its users.
The submission of such materials in no way creates any obligation or duty on the part of GMODELO to post or use such materials or, if GMODELO chooses to do so, to give you the credit. Any photos or videos presented to the website must be your original creation. In other words, they must have been recorded by you. If the photos or videos were not recorded by you, they must be submitted by the person who recorded them.
By submitting any material to the website, you declare and warrant that you are at least 18 years of age, that the said photo or video is your original creation and has not been copied in whole or in part from any other work, that it does not violate or infringe any copyright, trademark or any other proprietary right of any person or entity (including any rights of privacy or publicity), and that it is your sole and exclusive property.
By submitting a video, you hereby grant GMODELO permission to use your image or likeness as it appears in the said photo or video, and to edit, composite, morph, scan, duplicate or alter the photo or video, and to post the photo or video (as submitted or as edited, modified or otherwise changed at GMODELO’s sole discretion) on the website, with or without musical accompaniment.
If you submit any video that contains the image or likeness of any person other than yourself or with musical accompaniment, you agree to obtain written permission from each such person for GMODELO to use such image or likeness as it appears in the photo or video and to post the said photo or video on the website, in the manners described above.
By submitting any photo or video that contains the image or reproduction of any person other than yourself or with musical accompaniment, you hereby declare and warrant that you have obtained such written permission and that such persons are at least 18 years of age.
You agree to indemnify and to exempt GMODELO and its affiliates, agents and advertising agencies from any liability, for any legal action that results from a breach of the declarations and warranties you have made herein, or that is made by a person whose image or likeness was used in any video without such person’s written consent.
Any photo or video or other material submitted that shows illegal, dangerous, unsafe, pornographic, obscene, profane, defamatory, libellous or threatening activities or materials, or any activity or material that might constitute or encourage conduct that could be considered a criminal offence, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise infringes any law or regulation, or infringes the rights of third parties, or that is otherwise deemed by GMODELO, in its sole discretion, to be inappropriate (including, but not limited to, any such videos containing an image of a competitive product) will not be posted. Without limiting the generality of the foregoing, any photo or video will not be accepted or posted, or may be removed, if GMODELO considers, in its sole discretion, that it contains any of the following:
a) persons under the age of 18; (b) competitive products; (c) unsafe behaviour / activity that could result in personal injury or damage to property; (d) third party materials that you have no rights to, including photos and videos owned by third parties, images of celebrities, third party trademarks, artwork, etc.; (e) illegal activity, including the consumption of drugs; (f) obscenities or profanities; (g) anything defamatory or libellous; (h) any material showing disrespect for Corona, or for any other GMODELO brand or any of their competitors; (i) anything racist or sexist; (j) anything pornographic or obscene; (k) gambling; or (l) anything in poor taste.
By submitting a photo or video, you hereby grant GMODELO and its affiliates, agents and advertising agencies permission to use the photo or video, and any images or likenesses of the persons contained therein, for any purpose and in any and all media whatsoever anywhere in the world, in perpetuity and without compensation.
The photos or videos submitted may be accepted and/or posted on the website if deemed appropriate by GMODELO in its sole and absolute discretion. All the photos or videos submitted become the sole property of GMODELO and will not be returned. You must be 18 years of age or older to submit a video.
The sites linked from this website, or any link contained in a linked site, are not under GMODELO’s control, and GMODELO cannot assume any responsibility or liability for their content. GMODELO provides these links for your convenience only and GMODELO makes no guarantees, representations or warranties as to, and shall not be responsible for, any electronic content delivered on any third party website, including, but not limited to, the accuracy, subject matter, quality or timeliness of such electronic content. You must obtain GMODELO’s permission to link this website, or any of the pages on the website, to your website. The fact that GMODELO may be linked to any third party websites does not indicate that GMODELO has granted permission to link, and constitutes neither endorsement nor recommendation.
“GMODELO, and in the case that in their site there are links or hyperlinks to other Internet sites, will not perform any checks or controls over such sites and content. GMODELO will not assume any responsibility for the content of any link or hyperlink belonging to another website, or be held in any way responsible or guarantee the quality, accuracy, reliability, technical availability, veracity, breadth and validity as well as the compliance of any material or information with the current legislation contained in said links or hyperlinks or other websites. The inclusion of these external connections does not imply any association, agreement, merger or involvement of GMODELO with the connected entities.
This website is created and controlled by GMODELO in Spain and that exclusive jurisdiction resides in the courts of the city of Madrid. You agree that any claim relating to this website, the services provided through this website or to these Terms and Conditions of use shall be governed by the substantive laws of the city of Madrid, without giving effect to any principles of conflicts of law. This website has been designed to comply with spanish law. GMODELO does not claim that the content of this website is appropriate for locations outside Spain. By accessing this website from a location outside Spain, you are responsible for complying with all applicable local laws.
Cervecería Modelo SA de CV owns, among many other trademarks, CORONA CERVEZA and CROWN DESIGN®; CROWN and BANNER DESIGN®; CROWN and GRIFFINS DESIGN®; CROWN and GRIFFINS DESIGN and LA CERVEZA MAS FINA®; CORONA (STYLIZED)®; CORONA and CROWN and GRIFFINS DESIGN®; CORONA EXTRA (STYLIZED)Ò; CORONA EXTRA and CROWN and GRIFFINS DESIGN and the words LA CERVEZA MAS FINA®; CORONITA EXTRA®; CORONITA EXTRA and CROWN and GRIFFINS DESIGN and the words LA CERVEZA MAS FINA®; CORONA LIGHT and CROWN and GRIFFINS DESIGN®; MODELO®; MODELO ESPECIAL®; NEGRA MODELO®; CROWN and GRIFFINS DESIGN®; and CROWN and GRIFFINS DESIGN and LA CERVEZA MAS FINA® and all related logos and designs, in the United States and other countries of all the logotypes and related designs, in the United States and in other countries.
Cervecería del Pacífico, S.A. of C.V. owns, among many other trademarks, PACIFICO®; PACIFICO and DESIGN®; and PACIFICO and FULLLABEL DESIGN® and all related logos and designs, in the United States and other countries. These trademarks may not be used in any manner likely to cause confusion, to scorn or dilute these trademarks and/or in connection with any product or service that is not authorized or sponsored by Cervecería Modelo SA de CV and/or Cervecería del Pacífico, S.A. of C.V.
TERMINATION OF USAGE
GMODELO may terminate your right to use this website, with or without any cause at any time in its sole discretion, including, but not limited to, your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications and promises made by you shall endure.
You agree to indemnify and exonerate GMODELO, its shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of content that you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of these Terms and Conditions or your violation of any third party’s rights. Materials may be made available through the website by third parties not within our control. We are under no obligation to, and do not, scan contents posted on the website for the inclusion of illegal or inadmissible content. Nevertheless, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the website. f you believe any material on the website infringes a copyright, please send us a written notice that contains at least the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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 enable us to locate the material; (iv) Information reasonably sufficient to enable us to contact the complainant, such as an address, telephone number and, if available, an e-mail address; (v) A statement to the effect that the complainant believes in good faith that the use of the material in the manner reported has not been authorized by the copyright owner, its agent or the law; and (vi) A statement to the effect that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall GMODELO be liable for any claim of copyright infringement which might arise from the posting of any video or other user-generated content on any third party website or which might arise from any other unauthorized use by a third party of the video or any other user-generated content.
ACKNOWLEDGEMENT AND CHANGES
These Terms and Conditions represent the entire agreement between you and GMODELO with regard to your relationship with GMODELO and this website, and it supersedes any prior statements or representations. In the event that 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 effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions of use shall continue in full force and effect. GMODELO reserves the right to change the Terms and Conditions at any time by posting the changes online.
GMODELO EUROPA, S.A.U. (henceforth “GMODELO” and/or “We”), respects the privacy of each individual who accesses our internet websites. These privacy policies refer to the information that GMODELO may collect, as well as how we can use such information, which is, in any case, covered by Spanish Law 15/1999, of 13th December, governing Protection of Personal Data, subsequent Ruling nº 1720/2007, of 21st December, the Information Society and e-Commerce Services Act nº 34/2002, of 11th July, and other legal rulings currently in force.
ACCEPTING THE POLICIES
By using the pages on this website, you accept and consent to these policies. If you do not accept such policies, please leave the Website and refrain from using it. You will have accepted the Terms and Conditions of these privacy policies from the moment you provide any type of personal identification data and you therefore authorize that such personal information be handled as indicated in this document. GMODELO reserves the right to modify and amend these policies, without prior notice. We suggest you check back periodically. If you continue using this website after changes to the Policies have been posted, this will mean that you have accepted such changes and you agree to them. You can rest assured that no changes will be applied retroactively nor will they alter the handling of information obtained previously.
TYPE OF INFORMATION AND USE
These Policies describe the type of information GMODELO may collect, the way in which such information may be used as well as the choices you have regarding the way your information is obtained, distributed and used. The information GMODELO may request is only personal information, such as your first and last name, email, country of origin and date of birth, when the user wishes to provide it voluntarily. For example, personal information may be requested in order to obtain your comments concerning our websites and our products, to make you eligible for one of our contests or giveaways.
USE OF PERSONAL INFORMATION
GMODELO will use all its diligence to protect the privacy and confidentiality of the datas provided by visitors to our websites
Any use of personal information by any of the licensees and/or part of the same economic group of GMODELO must comply with these Policies. Occasionally, if you give your consent by accepting these policies, we will send you commercial information. GMODELO may hire third parties (in charge of data processing) to perform various functions, such as fulfil orders, carry out promotions, provide technical services for the website, etc. Such third parties might have access to the personal information you have provided, in order to provide the service for which they were hired, but they cannot use it for any other purpose than the one for which they were hired, in any case being obliged to sign the applicable contracts according to the current legislation. GMODELO reserves the right to use or reveal any personal information, to comply with certain legal, governmental or judicial regulations to protect the integrity of the websites, to comply with any request made by you or to cooperate with any legal investigation related to any issue of public safety.
This type of information includes, for example, the type of browser, each computer’s operating system, the number assigned to your computer while at the “IP” (Internet Protocol) internet address, as well as the Uniform Resource Locator, better known as “URL” of the website to which it was connected or logged on at our website. GMODELO collects log file information for system administration purposes and/or trend analysis and webpage administration. IP addresses and log file information are in no way related to identifiable personal information.
LINKS TO OTHER INTERNET SITES
On our internet websites, we are likely to include links to other websites, whether run by GMODELO or not. If you visit these websites, please check their policies, if they are not operated by GMODELO. We are not responsible for third-party policies or actions.
RESTRICTIONS FOR MINORS
This Website is intended for the use and enjoyment of people aged 18 or older. If an underage user has submitted his information, thus breaching this website’s access restrictions, GMODELO requests that the legal representatives, the parents or legal guardians of the user contact us immediately, so we can remove such information from our database.
CONTACT US: If you have any doubt regarding our current Policies, please contact us at the following address: GMODELO EUROPA S.A.U., with registered offices at Pradillo nº 5, 28002 – Madrid.
PROTECTION OF PERSONAL DATA
Pursuant to Law 15/1999, of December 13, Protection of Personal Data, Law 34/2002 of July 11, Information Society and e-commerce Services and other provisions passed in its development, the voluntary transmission of personal data (including e-mail address and mobile phone number) for the purpose of entering this contest implies the entrant’s consent to GMODELO EUROPA, S.A.U. itself or other entities to undertake the management and processing of data (handling) and their automated processing for advertising or prospect marketing purposes, the data possibly being included in a computerised file controlled by the Company for communicating with consumers in the future, and the entrant allowing the use of this medium in order to receive communications from that Company in relation to the services it provides in the field of alcoholic beverages, as well as for the contest itself. If you do not wish to receive commercial information via your e-mail account or other equivalent electronic means, please check the box □
Entrants have the right to access this file in order to oppose, amend, correct or delete the content, wholly or in part, by simply sending a written request via e-mail to firstname.lastname@example.org or by ordinary mail to the offices of GMODELO EUROPA, S.A.U. (C/ Pradillo, 5, 28002, Madrid).