Social Media Terms of Use

Everything you need to know

These Social Media Engagement Terms of Use (the "Terms of Use") apply to any users accessing or posting comments, visuals, videos, posts, media, or any other forms of feedback (collectively, "User Content") on our Social Media channels. By accessing or submitting User Content to our Social Media channels, you agree to comply with these Terms of Use and expressly grant LUXARDO & Cellar Trends the right to publish your User Content on such Social Media channels and may be shared by other users without your consent

In addition to these Terms of Use, our Social Media engagement with you is governed by the policies and/or terms of use or service of the applicable Social Media channel with which you are interacting (e.g., Facebook, Twitter, Pinterest, Instagram or YouTube). We encourage you to review these policies to better understand your responsibilities and obligations before you interact with us via our Social Media channels.

Your failure to comply with such policies or these Terms of Use may result in the termination of your access to our Social Media channels, in addition to any potential civil or criminal liability.

1.

At Luxardo ("Luxardo", "we", "us", or "our") we use a variety of third-party social networking websites, communications services, and media channels including, but not limited to, Facebook, Twitter, Instagram, YouTube and Pinterest (collectively, "Social Media") in order to communicate and interact with those who want to share their passion for Luxardo or discuss our products, services, and promotions.

2.

Although we are always pleased to hear from our consumers, any views or User Content submitted solely represents the views and opinions of the individual submitting the User Content, and is not necessarily representative of the thoughts or opinions of Luxardo or any of our employees or affiliates. We make no warranties, whether express or implied, regarding the accuracy, completeness, usefulness, or reliability of any User Content on our Social Media channels and we assume no liability for any information published, posted, uploaded, distributed, disseminated, or otherwise transmitted by third parties via our Social Media channels.

3.

We may also include links to other third-party websites on our Social Media channels, but these links do not represent an endorsement by Luxardo of these websites.

4.

Any form of recognition, rating, or communication offered by third-party Social Media channels (e.g., "Friending" or "Following") does not constitute endorsement, approval, or acceptance by us of any person, organization, entity, product, service, policy, or belief.

5.

By posting User Content that contains images, photographs, pictures, or that may otherwise be graphical in whole or in part ("Images"), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display, and reproduction of any Image.

6.

In addition, in order to comply with Drink Responsibly Guidance, we cannot accept any photos that feature people who are or appear to be under the age of 25 and are or appear to be intoxicated or drinking in what could reasonably be an unsafe manner, either in terms of location, activity or quantity or in any other way may be a breach of the Portman Codes for Responsible Drinking [link http://www.portmangroup.org.uk/codes/alcohol-marketing/code-of-practice/code-of-practice]. and the ASA CAP code [link http://www.cap.org.uk/Advertising-Codes/~/media/Files/CAP/Codes%20CAP%20pdf/CAP%20Section%2018.ashx ]

7.

User Content whether words or images must be such that it :

  • a. Does not defame, abuse, harass, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
  • b. Is not obscene, indecent, misleading, objectionable, or unlawful;
  • c. Does not contain software or other material protected by intellectual property laws, unless you own or control the rights thereto or have obtained all necessary consents;
  • d. Does not contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another individual’s computer or that is designed to collect information from other users without their consent;
  • e. Does not impersonate another individual or adopts an inappropriate user name (e.g., one that is vulgar or offensive);
  • f. Does not endorse or otherwise advertise non- Luxardo products, services, or events.

8.

We reserve the right to delete, edit or remove any User Content that we deem, in our sole discretion, to be inappropriate or offensive or be in breach of these rules. However, Luxardo assumes no liability for any action or inaction regarding User Content submitted by third parties.

9.

For any User Content you post, upload, submit, or request on Luxardo’s Social Media channels, you grant Luxardo a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose, and publicly display and perform your User Content for commercial purposes throughout the world in any media now known or hereafter developed; and publish the name that you submit in connection with your User Content, in Luxardo’s sole discretion. You agree that you have no recourse against Luxardo for anyone’s infringement, misuse, or violation of any right you may have in your User Content, and you irrevocably waive any "moral rights" in your User Content. You also irrevocably agree that Luxardo can pursue claims against anyone who violates Luxardo’s rights in the User Content, and further acknowledge that we assume no responsibility for the deletion of - or the failure to store or otherwise provide access to - User Content submitted by you or others.

10.

Social Media channels are not secure, so you should never send us any of the following types of information via Luxardo’s Social Media channels: personal information (e.g., your credit card information or address), classified information, privileged information, or any other private information, including information subject to non-disclosure agreements. You agree that we will not be held responsible for the unauthorized disclosure of any such information if that information was transmitted to us through one of our Social Media channels.

11.

LUXARDO PROVIDES THE SERVICES AND CONTENT ON OUR SOCIAL MEDIA CHANNELS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT MAKING ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

12.

You specifically agree to indemnify and hold harmless Luxardo, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal fees, arising out of or related to

  • a. your access to or use of our Social Media channels and related products or services;
  • b. your User Content; or
  • c. your violation of these Terms of Use.

13.

We reserve the right to discontinue the services we provide on our Social Media channels at any time, with or without prior notice. We also reserve the right, in our sole discretion, to change, modify, add, or remove any portion of these Terms of Use at any time and for any reason.

14.

Published by Luxardo Cellar Trends Limited, Stonehouse Farm, Ashby Road, Woodville, Swadlincote, Derbyshire, DE11 7BP. May 2014