Terms of use and privacy policy

Terms and condition

These Terms of Use (including our Privacy Policy) shall apply to your use of the Amer Sommer Site. By using the Amer Sommer Site you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you should not use the Amer Sommer Site. Please read these terms of use carefully before you start to use our Site.

This Site is maintained by Kein Wanner (“we” or “us”) for the personal use, of persons who are lawfully permitted to consume alcoholic beverages, in countries and other territories where the consumption of alcoholic beverages is lawful.

Please exit our Site immediately if you do not accept these terms of use, are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are accessing our Site in a country or other territory where use of our Site is not permitted.

• Intellectual property rights

All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.

We reserve the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site Provided that you are located in a country or other territory where the consumption of alcoholic beverages is permitted AND you are of a legal age to consume alcoholic beverages in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.

The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials on our Site must always be acknowledged.

You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

You may not use our Site :

- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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 (“Malicious Code”).

• Data Protection – Privacy policy

We shall comply with the Data Protection Act 1998 and all other applicable French data protection legislation from time to time in place in respect of any User Information relating to you gathered by us. You may be asked to input User Information about yourself on different pages of the amer Sommer Site. We will not use the information you provide to us for any purpose that is not set out in our Privacy Policy, other than as stated at each location where such information is requested.

• Statement of intent

The purpose of this privacy policy (the "Privacy Policy") is to explain how Klein Wanner will collect and use your personal data. By providing us with information, you agree that we can compile and process your personal data in accordance with this Privacy Policy. If you do not want us to compile and process your personal data in accordance with this Privacy Policy you should not submit it. We are committed to preserving the privacy of visitors to the Amer Sommer Site, and it is our policy to act in accordance with current legislation in relation to your personal data.

• Collection and use of your personal data

When you use the Amer Sommer Site, you may provide us with User Information which includes personal data, for example by completing on-line forms, on-line applications, or on-line order forms. We will only use your personal data for the purposes of dealing with your enquiry, the administration of any orders, the provision of any goods or services we offer, the administration of any account or membership held by you, answering any questions or complaints you may have in relation to our goods or services, for internal marketing analysis, or (if you agree) to provide you with details of any new or improved products or services we may be offering from time to time (and you will be entitled to opt-out of any such communications at any time). We may also contact you at a later date to seek your consent to use of your personal data for different purposes.

The answers to the on-line forms for example on the site have an optional character. If you don’t want to answer it won’t have particular consequence; nevertheless, your answers must be sufficient to allow us to bring you an answer. You have a right of access, rectification and abolition of you information, by sending us by mail to Klein Wanner 1 rue de la Brasserie, 67340 Ingwiller (France), or by e-mail : info@amersommer.com.

• Uploading material to our site

Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.

Your contributions must not :

- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Be targeted at an under legal drinking age audience.
- Infringe any copyright, database right, trade mark or other proprietary right of any other person.
- Promote any illegal or immoral activity.

This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of our Site.

• External Links

This site may include links to other websites whose privacy policies we do not control. Such links are only supplied as convenience; they cannot be interpreted as an express or implicit approval of these sites or any product or service which is offered to it .Once you leave our servers (you can usually tell where you are by cheking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you visiting.

You can supply a link towards the amersommer.com web site only with the written, express and preliminary authorization of Klein Wanner.

• Guarantees and responsibilities

Klein Wanner made its best efforts to make sure that the information and the other present elements on the site are exact. Nevertheless, Klein Wanner cannot guarantee that this information or the other elements are complete and up to date. The site and its contents are presented "as is". Klein Wanner excludes expressly any guarantee of all kinds, express or implicit, in particular, without that it is exhaustive, any guarantees of conformity. Klein Wanner cannot guarantee, nor assert that the amersommer.com site is exempt from viruses, programs of destruction of the data, the horses of Troyes or the other materials of destruction or damage.

Klein Wanner can be held for responsible of any direct, indirect, incidental, special or secondary damage, including, without that it is exhaustive, any loss of earnings or the other indirect loss, resulting from the use of the site www.amersommer.com, or the incapacity to use the site

• Variations

We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, when you use the Site, you should check the date of the Terms and Conditions and review any changes since the last version. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

• Juridiction and applicable law

These Terms and Conditions are governed and interpreted according to the French law, without taking into account conflicts of laws. In case of dispute, the Courts of Strasbourg will be only competent, and you recognize to accept their exclusive skill.

Klein Wanner reserves the right to institute any action for the defense of its rights according to these terme of use.

Conditions of access and use up to date on January 17th, 2005