TERMS AND CONDITIONS FOR GLOBAL SMART DRINKING GOALS DATA LIBRARY
1. COMPANY INFORMATION
Thank you for visiting this GLOBAL SMART DRINKING GOALS Data Library (the “Data Library”), which is owned and operated by AB InBev Foundation (referred to herein as ABIF, or Foundation), a nonprofit incorporated as a private foundation in the state of Delaware, United States, having its registered office at 251 Little Falls Drive, Wilmington, New Castle, 19808, registered with the Secretary of State of Delaware under company file number 6168321.
A copy of these Terms and Conditions can be obtained here.
2. MODIFICATION OF THESE TERMS & CONDITIONS
ABIF is constantly changing and improving the Data Library and its content.
Therefore, ABIF reserves the right to revise these Terms and Conditions at any time and such modification will be effective upon posting to the Data Library. We shall notify you of the change to these Terms and Conditions by updating the effective date at the top of these Terms and Conditions.
Where required by applicable law, you will be notified by e-mail of the changes. Your continued use of the Data Library and Services after any modifications to these Terms and Conditions shall indicate your agreement with such modified terms.
Where required by law, we may also ask you to expressly confirm your consent to the modified terms)
3. THE SERVICES
The Data Library main purpose is to store all of the data gathered and used by the Foundation and its global programs and make it publicly available to help advance knowledge, science, and public health research. In addition, the Data Library may provide other services from time to time (all services available on the Data Library are referred to as “the Services”).
Access to the Data Library and the use of the Services are provided for free. Unless stated otherwise, the Data Library and the Services are for your personal, non-commercial use only and may not be used in connection with any commercial endeavours.
4. CONTENT OF THE DATA LIBRARY
The information relating to ABIF and its products and Services on this Data Library is provided subject to the following conditions:
- Information on this Data Library is provided as is. ABIF makes no warranties or representations about the accuracy or completeness of this Data Library content. To the fullest extent permitted under applicable law, neither ABIF nor any of its contractors or employees shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the access to or use of any content of this Data Library, in accordance with Section “DISCLAIMERS AND LIMITATION OF LIABILITY” below.
- ABIF reserves the right to make additions, deletions, or modifications to the information contained on the Data Library at any time, to (temporarily or permanently) block the access to the Data Library or to shut down the Data Library without any prior notification, in order to perform maintenance and/or to implement any improvement and/or modification on the Data Library.
- Whilst ABIF makes all reasonable attempts to exclude viruses from this Data Library, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information from this Data Library.
- ABIF intends to update the Data Library on a regular basis but, to the extent permissible pursuant to applicable law, assumes no obligation to update any of the content.
5. DATA PRIVACY INFORMATION RELATING TO THE USE OF Data Library
6. ACCEPTABLE USE
7.1. Except to the extent expressly provided in these Terms and Conditions or by law, in using the Data Library and/or Services you agree not to, nor allow any third parties on your behalf to:
- copy, reproduce, alter, modify, adapt or translate the whole or any part of the Data Library, nor duplicate, compile, disseminate, reverse engineer, disassemble, decompile, or disable any features, or otherwise derive the source code of the Data Library, or any component of the Data Library, in whole or in part;
- merge the Data Library or any component thereof into any other programs or create derivative works based on any component of the Data Library
- make and distribute copies of the Data Library;
- use the Data Library in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Data Library or any part thereof;
- use this Data Library for anything other than personal and non-commercial use;
- modify any part of the Data Library other than as may be reasonably necessary to use the Data Library for its intended purpose;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, author right, trademark, patent or other proprietary right of any party;
- promote the excessive, irresponsible, or underage consumption of alcohol;
- make available or upload files that contain a virus, worm, trojan, or corrupt data that may damage the operation of the computer or property of another;
- collect or store personal information about others, including e-mail addresses;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Data Library or Services in any manner that could damage, disable, overburden or impair the Data Library or Services or interfere with any other party’s use and enjoyment of the Data Library or Services;
- attempt to gain unauthorized access to any of the Services, other accounts, computer systems, or networks connected to the Data Library or Services through hacking, password mining or any other mining, or any other means.
7. RESPONSIBILITY OF THE USER
8.1. You are responsible for your internet connection, the availability and proper functioning of your connection equipment, and the means of authentication with the Data Library.
9.1. To the extent permitted under applicable law, ABIF maintains the right to terminate your access to any or all of the Services or Data Library at any time, without notice, for any valid or legitimate reason, including without limitation, breach of these Terms and Conditions.
9.2. ABIF may also at any time, at our sole discretion, discontinue the Data Library or Services or any part thereof and you agree that we shall not be liable to you or any third party for any termination of your access to the Data Library or Services.
9.3. Upon termination of the use of the Data Library and Services, these Terms and Conditions, including all rights and licenses granted to you hereunder, shall immediately (or, if applicable, after the notice period) be terminated.
9. LINKS TO THIRD PARTY WEBSITES
10.1. The Data Library or Services may include links to third party websites or applications that are controlled and maintained by third parties. ABI is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site or application, unless specifically stated therein.
10.2. You acknowledge and agree that ABI has not reviewed all sites or applications linked to this Data Library and is not responsible for the content or availability of any such sites. Your linking to other off-site pages or other sites is at your own discretion and risk.
10. INTERNATIONAL USE
You agree to comply with all applicable local laws and rules regarding acceptable use of and conduct on the Internet.
11. INTELLECTUAL PROPERTY RIGHTS
12.1. Copyright belongs to ABIF.
ABIF or its licensors are the owner of any and all copyrights, author rights, database rights and software rights in all material contained on, in or available through the Data Library, including all information, data, pictures, graphics, text, images of places or people, music, sound, and video messages, and all source codes, software compilations and other material (the “ABIF Content”). No portion of this site, including all ABIF Content, may be used in any manner, or for any purpose, without ABIF’s express written permission, except if indicated herein.
Trade names, logos, trademarks, service marks and signs contained on or in the Data Library belong to ABIF or its licensors.
By entering this Data Library, you acknowledge and agree that any name, logo, trademark, service mark or sign contained on or in this Data Library is owned by the ABIF.
Your use of any of this ABIF Content is prohibited unless specifically provided for on the Data Library. Without in any way waiving any of the foregoing rights, you are granted a limited, non-exclusive, non-transferable and royalty-free license to download one copy of the ABIF Content for your personal, non-commercial home use only, provided you do not delete or change any copyright, author right, trademark or other proprietary notices. Modification, repostment, or use of the ABIF Content that would damage the reputation of ABI or its partners, or any model or person, violates ABIF’s legal rights. ABIF will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of ABIF’s or its partners’ intellectual property may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, author rights, privacy and publicity rights.
12.2. By using this Data Library, you acknowledge and agree that any User Content you transmit to this Data Library in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or materials or User Content you submit to ABIF through this Data Library will become and remain ABIF’s property and therefore may be used by ABIF anywhere, anytime and for any reason whatsoever, without notice, compensation or any other obligation to you or any other person.
You agree to indemnify and hold ABIF harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against ABIF by any third party arising out of your use of the Data Library, Services and/or any User Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by ABIF in consequence of your breach of these Terms and Conditions.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1. To the fullest extent permitted by law, use of the Data Library and Services is at your own risk. The Data Library and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy and absence of hidden/latent defects.
14.2. By accessing this Data Library, you acknowledge and agree that your use is at your own risk and that this Data Library, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Data Library are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses (such as loss of profits, loss of business, loss of savings, loss of goodwill, loss of opportunity, loss of data or third parties claims), costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, including for hidden/latent defect, in any connection with the access to, the use of, or browsing of this Data Library or in connection with any ABFI Content, information, data, promotions, activities, associated with this Data Library, or in connection with your downloading of any materials, text, data, images, video or audio from this Data Library, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or arising from third party claims (even if ABFI has been advised of the possibility of such damages). You specifically acknowledge that ABFI shall not be liable for user submissions to the Services or the defamatory, offensive, or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with you.
14.3. To the fullest extent permitted by law, ABIF makes no warranty that the Data Library or Services will meet your requirements, that ABIF Content will be accurate, comprehensive or reliable, that the functionality of the Data Library or Services will be uninterrupted or error free, that defects will be corrected or that the Data Library or Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. Any ABIF Content, User Content or material downloaded or otherwise obtained through the use of this Data Library is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material in accordance with this Section “DISCLAIMERS AND LIMITATION OF LIABILITY”.
14.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ABI for fraud, for death or personal injury as a result of the negligence of ABI, or any other liability that cannot be excluded under applicable law.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these Terms and Conditions to effect the original intent of the parties as closely as possible.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ABIF without restriction.
16. TECHNICAL FAILURES
ABIF and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant’s ability to participate in a contest.
17. GOVERNING LAW
18.1. These Terms and Conditions, the use of the Data Library, Services and/or any contractual or non-contractual (including pre-contractual) matters in connection with their conclusion, validity, interpretation, enforcement, performance and termination shall be governed by and construed in accordance with the laws of the United States and/or the State of New York to the extent that the laws of laws of the United States and/or the State of New York are not overridden by applicably mandatory laws, e.g. consumer protection laws you would mandatorily benefit from.
18.2. Without prejudice to your mandatory rights under applicable laws to refer any claims to other competent courts, any dispute arising out of or in connection with these Terms and Conditions, the use of the Data Library, Services and/or any contractual or non-contractual (including pre-contractual) matters in connection with their conclusion, validity, interpretation, enforcement, performance and termination will be submitted to the exclusive jurisdiction of the courts of the United States and/or the State of New York.
18.3. If you use this Data Library from another country, you are responsible for compliance with any and all applicable local laws.
18.4. ABIF, its affiliates, and/or partners make no representation that the materials contained within this Data Library are appropriate for countries outside the United States.