TERMS OF USE

1. Introduction.

This website is operated by The Absolut Company AB, hereinafter referred to as “we”, “us” or “TAC”.

These Terms of Use (“Terms”) governs the Malibu website, malibudrinks.com, which shall include, without limitation, all other pages under the same top-level domain name, and all content thereon as well as all mobile applications (the “Site”) maintained or controlled by TAC. These Terms expressly incorporate by reference and include the Malibu Privacy Policy and Malibu Cookie Policy as well as any other posts or updates on specific pages herein or on any notice sent to you.

Your use of the Site is governed by these Terms. If you do not agree to these Terms, please do not use this Site. TAC reserves the right, at its complete discretion, to change, modify, add, or remove portions of these Terms at any time. We encourage you to review these Terms from time to time because any changes are binding on you.

2. Age Requirement for Use of Site.

This Site is intended only for the use and enjoyment of persons who are of legal age to purchase beverage alcohol in the jurisdiction in which they reside. You must be of legal purchase age or older to access or otherwise use the Site and related services. Persons under legal purchase age are prohibited from using the Site or such services in any way. Certain content on the Site may contain material that may be considered inappropriate or offensive. If you consider any material on the Site to be inappropriate or offensive, please refrain from visiting the Site.

3. Intellectual Property Rights.

Unless otherwise noted, the design of the Site, including the software, source code, text, audio, logos, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by TAC. You may access the Site for your personal, noncommercial use only. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from TAC or the rightsholder identified in the individual content’s proprietary notices including copyright notice. Neither title, rights or interest are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of TAC. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. Content on this Site is provided for lawful purposes only.

4. Disclaimer of Warranties.

THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, TAC DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TAC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TAC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

5. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL TAC OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE.

6. Indemnification.

You agree to defend, indemnify and hold TAC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.

7. Unsolicited or Solicited Materials.

All remarks, suggestions, ideas, creative concepts, graphics, images, videos, or other information communicated through this Site or otherwise sent to TAC, including without limitation, product or advertising ideas, (collectively, “Submission”) will forever be the exclusive property of TAC, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, TAC will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You warrant and agree not to submit any material that (a) are protected by copyright, other proprietary or intellectual property rights, or derivative works with respect thereto, except as allowed herein or otherwise approved in advance for use by the owner of the relevant right; (b) infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not TAC, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site, you agree that TAC has the right to remove and delete postings for any reason whatsoever, or for no reason at all. TAC reserves the right to filter all posts and submissions from individuals who display persistent behavior contrary to the Terms governing use of this Site.

8. Copyright and IP Agent for the United States.

We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: