1. THIS POLICY
1.1 This acceptable use policy sets out the terms between you and us under which you may access our website mannfinewine.com (”Our site”). This acceptable use policy applies to all users of, and visitors to, our site.
1.2 Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
2. PROHIBITED USES
2.1 You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) If you are under 18 years of age, or below the age of legal purchase of alcohol in your country
(d) For the purpose of harming or attempting to harm minors in any way.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
(b) Not to access without authority, interfere with, damage or disrupt:
- Any part of our site;
- Any equipment or network on which our site is stored;
- Any software used in the provision of our site; or
- Any equipment or network or software owned or used by any third party.
3. CONTENT STANDARDS
3.1 These content standards apply to any and all material including reviews or comment which you contribute to our site (“Contribution”).
3.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
3.3 A Contribution must:
(a) Be accurate (where it states facts).
(b) Be genuinely held (where it states opinions).
(c) Comply with the law applicable in England and Wales and in any country from which it is posted.
3.4 A Contribution must not:
(a) Be defamatory of any person.
(b) Be obscene, offensive, hateful or inflammatory.
(c) Bully, insult, intimidate or humiliate.
(d) Promote sexually explicit material.
(e) Include child sexual abuse material.
(f) Promote violence.
(g) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(h) Infringe any copyright, database right or trade mark of any other person.
(i) Be likely to deceive any person.
(j) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(l) Promote any illegal content or activity.
(m) Be in contempt of court.
(n) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(o) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(p) Impersonate any person or misrepresent your identity or affiliation with any person.
(q) Give the impression that the Contribution emanates from us, if this is not the case.
(r) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
(s) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
(t) Contain any advertising or promote any services or web links to other sites.
3.5 For the avoidance of doubt, for any Contribution in the form of video content:
(a) You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
(b) You must not upload a video containing harmful material.
(c) You must not upload a video containing advertising for any of the following:
- Cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- For alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
(d) Any advertising included in a video you upload must not:
- Prejudice respect for human dignity;
- Include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- Encourage behaviour prejudicial to health or safety;
- Encourage behaviour grossly prejudicial to the protection of the environment;
- Cause physical, mental or moral detriment to persons under the age of 18;
- Directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- Directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
- Exploit the trust of such persons in parents, teachers or others; or
- Unreasonably show such persons in dangerous situations.
(e) You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
4. Suspension and Termination
4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Changes to the acceptable use policy
5.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
6. How this contract can be transferred
6.1 We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
7. Which country’s laws apply to any disputes?
7.1 If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
7.2 If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.