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Terms & Conditions

TERMS & CONDITIONS

Welcome to Cristal Azul website. The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website at cristalazultequila.com, which shall include, without limitation, the home page, micro-sites, splash page, and all other pages under the same top level domain name, all third party websites branded by Cristal Azul and all content thereon (the “Site”) as provided by the website operator Cristal Azul Inc., a company registered in Florida, USA (“Operator” or “we”).

We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modification to the Terms and Conditions, you agree to be bound by any such modification to the Terms and Conditions.

AGE REQUIREMENT FOR USE OF SITE

(1) This website is intended solely for use by individuals who (i) are of legal age to purchase and consume alcoholic beverages in their country of residence, or, if accessing the site from another jurisdiction, in the jurisdiction from which they are accessing the site; and (ii) are located in a jurisdiction where the sale, consumption, and advertising of alcoholic beverages is legally permitted.

(2) By accessing or using this website, you confirm that: (i) you are of legal drinking age in your country of residence or in the jurisdiction from which you are accessing the site (whichever applies); and (ii) the sale, consumption, and advertising of alcohol is lawful in that jurisdiction. Individuals who do not meet these criteria are not permitted to use this website in any capacity.

SOCIAL MEDIA PLATFORMS AND OTHER LINKS FROM AND TO THE SITE

(3) The Site may contain links to third-party social media platforms, including but not limited to Facebook, Instagram, Twitter (now X), YouTube, and Flickr (“Social Media Platforms”). In connection with your use of the Site and the services provided, you may:

  • Access Social Media Platforms via links from the Site;
  • Share links to the Site, or specific sections thereof, on Social Media Platforms;
  • Upload to the Site photographs or other content that you have previously stored on Social Media Platforms (provided you are the lawful owner of such content);
  • Identify or reference third parties on the Site using their Social Media Platform identities (provided you have obtained their prior consent); or
  • Otherwise interact between the Site and Social Media Platforms in any lawful and permitted manner.

By engaging in any such activities, you agree to comply with these Terms and Conditions, as well as the applicable terms of use and privacy policies of the relevant Social Media Platforms. Please note that the use of Social Media Platforms is governed independently by their respective terms and conditions, which can be accessed directly on their official websites.

(4) You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with the Operator of such sites or the content, products, advertising or other materials presented on such sites. The Operator does not author, edit, or monitor these Linked Sites. You acknowledge and agree that the Operator is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

SERVICES AVAILABLE ON THE SITE

(5) On the Site generally, you may be able to read information about our products, view movies, documentaries and other films, stream music, download music, tell your own story, upload your own photographs, music, or other content, identify third parties in your story, photographs, music or other content, enter competitions, chat with other visitors, post comments on a bulletin board, download screensavers or other software, send branded material to friends etc (“Services” and the Services form part of the definition of “Site”).

(6) We do not solicit nor do we wish to receive any confidential or secret information or material from you through the Site, through any of the Services, by email or in any other way. Any information or material submitted by you will be deemed not to be confidential or secret.

(7) Visitors are solely responsible for any information or materials submitted by you through the Site, whether names, personal information, photographs, films, stories, music, ideas, creative concepts, other materials, information or data of any kind and in any format and other content you post on and through the Site (“User Information”).

(8) By submitting User Information to the Site you represent and warrant that the User Information is original to you and that no other party has any rights to it or that you have obtained all required consents and permits to enable you to submit the User Information to the Site and for it to appear on the Site. Visitors agree that the User Information will not include content which infringes upon the rights of any third party including, without limitation, intellectual property rights, privacy, publicity or other personal or proprietary right; content that is deceptive or fraudulent; content that is unlawful; content which promotes the excessive or irresponsible consumption of alcohol; content that is or could reasonably be considered to be hateful, defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic or that incites violence or contains nudity or graphic or gratuitous violence or depicts any illegal activity; or content that references ammunition and/or firearms or the sale of tobacco products. Visitors fully indemnify us for breach of these warranties and guarantees.

(9) User Information: Submission, Moderation, and Content Standards If you submit any content (“User Information”) to the Site, please be aware that the Operator reserves the right to delay the publication of such content at any time as part of its internal review and approval processes. Furthermore, the Operator reserves the right, at its sole discretion, to remove any User Information or other content from the Site at any time and for any reason.

As part of our commitment to promoting responsible drinking, we require all users to engage with the Site in a manner that is sensible, respectful, and aligned with Responsible Drinking policies. To that end, all User Information must comply with the following content standards. User Information must not:

  • Depict or be submitted by individuals who are, or appear to be, under the legal drinking age;
  • Feature individuals (in photographs, videos, or other media) associated with the act of drinking alcohol who are not, or do not appear to be, over the age of 25. Individuals aged between the legal drinking age and 24 may be depicted only where there is no implication they are consuming, have consumed, or are about to consume alcohol;
  • Encourage or promote underage alcohol consumption or purchase;
  • Promote illegal, irresponsible, or excessive consumption of alcohol;
  • Encourage overconsumption;
  • Criticize, mock, or disparage individuals who choose not to drink alcohol;
  • Portray irresponsible alcohol use positively or associate alcohol consumption with driving, operating machinery, or engaging in dangerous activities;
  • Suggest that alcoholic beverages have physical, psychological, or intellectual benefits;
  • Imply that alcohol consumption imparts confidence, courage, or helps resolve personal or social issues;
  • Suggest that alcohol consumption contributes to success in personal relationships, popularity, work, athletics, or enhances mental or physical performance;
  • Glorify high alcohol strength or intoxicating effects;
  • Reference or encourage any form of illegal, anti-social, aggressive, violent, or otherwise dangerous behavior in connection with alcohol consumption.

(10) Licence Grant for Submitted Content By submitting or transmitting any User Information to the Site or the Operator, you grant the Operator a royalty-free, irrevocable, perpetual, worldwide, non-exclusive, and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content, in whole or in part, in any form, media, or technology now known or later developed. You further warrant that you own all rights in such content and that any “moral rights” in the content have been irrevocably waived in favour of the Operator.

(11) Disclosure of Personal Information in Public Areas Please be aware that any personal information (e.g., your name, email address, phone number) disclosed voluntarily by you on publicly accessible sections of the Site—such as comment sections, forums, or bulletin boards—may be collected and used by others. This may result in unsolicited contact from third parties. Users are strongly advised to exercise caution when sharing personal information in public areas of the Site.

(12) Access Credentials and Use of Digital Content If you participate in music downloads, streaming services, or other promotional offerings provided on the Site and are issued a user identification code, password, or other security credentials, you are responsible for maintaining their confidentiality. You must not share this information with any third party. The Operator reserves the right to disable any identification code or password, whether chosen by you or assigned by us, at any time and at its sole discretion.

All music downloads or streams provided via the Site are for your personal, non-commercial use only. You agree not to :

  • Copy, reproduce, record, distribute, publicly share, or otherwise exploit the content except as expressly permitted under these terms;
  • Sell, resell, or attempt to sell access credentials, invites, or codes for any part of the music download or streaming services;
  • Use another individual’s identification code or share your own code with others;
  • Reverse-engineer, decompile, disassemble, modify, or create derivative works based on the downloaded or streamed content;
  • Circumvent or attempt to circumvent any digital rights management (DRM) or content protection technologies deployed by the Operator, its licensors, or any third party.

In addition to the above, you agree to use best endeavours to prevent unauthorised use of the music downloads and streams.

(13) To the extent permitted by law, we shall have no liability for any loss or damage suffered by you as a result of the use or disclosure of any of the User Information. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information.

PROPRIETARY RIGHTS

(14) As between you and the Operator (including our affiliates (“Group Company”)), we are the owner and/or authorised user of any trade mark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a licence to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in advance in writing. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided in these Terms and Conditions or as permitted on the Site. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the USA or other countries or territories and may be subject to liability for such unauthorised use.

(15) We do not grant any licence or other authorisation to any user of our trade marks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.

INTERNET ACCESS

(16) You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own internet access and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the internet, including, without limitation, a computer, software, a modem and a means of connecting to or accessing the internet. The Operator shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

USER INFORMATION AND PRIVACY POLICY

(17) In the course of your use of the Site, you may be asked to provide and we may collect certain information about you and your use of the Site. The Operator’s information collection and use policies with respect to such User Information are set forth in the Privacy Policy. By using the Site, you agree to be bound by the Privacy Policy and you acknowledge and agree that you are solely responsible for the accuracy, content and updating of your User Information.

NO CONFIDENTIALITY

(18) You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or secret.

USER CONDUCT

(19) You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, delictual, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

(20) You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorised access to other computer systems through the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under applicable copyright laws.

(21) We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

(22) You agree to defend, indemnify and hold the Operator, 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 or through the Site by you.

DISCLAIMER OF WARRANTIES

(23) The Site—including, without limitation, all content, features, functions, and materials—is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. This includes, but is not limited to, warranties related to:

  • The accuracy, availability, reliability, or usefulness of any information, data, or content provided;
  • Uninterrupted or error-free access to the Site or its services;
  • Data processing capabilities or system performance;
  • Title, non-infringement, merchantability, or fitness for a particular purpose.

The Operator does not warrant that the Site or any part of it—including its features, content, or functions—will be timely, secure, uninterrupted, or free of errors, or that any such defects will be corrected. Furthermore, the Operator does not guarantee that the Site will meet your specific requirements or expectations.

No oral or written advice, results, or information obtained from the Operator or through the Site shall create any warranty not expressly stated in these terms.

If you are dissatisfied with the Site or any part of it, your sole and exclusive remedy is to stop using the Site.

LIMITATION OF LIABILITY

(24) To the fullest extent permitted by applicable law, the Operator and its directors, officers, employees, agents, affiliates, and content or service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, the Site, or any content, materials, or functions available through the Site. This includes, without limitation, damages for:

  • Loss of income or revenue;
  • Loss of anticipated profits or contracts;
  • Loss of anticipated savings;
  • Loss or corruption of data;
  • Loss of business or goodwill.

This limitation applies even if the Operator or any related party has been advised of the possibility of such damages.

Please note that certain jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

The Operator shall not be responsible or liable for any content posted, transmitted, exchanged, or received by or on behalf of any user or other person through the Site.

To the extent permitted by law, the total cumulative liability of the Operator to you for all claims, damages, losses, and causes of action—whether in contract, tort (including negligence), or otherwise—arising out of or in connection with these Terms and Conditions or your use of the Site, shall not exceed, in the aggregate,

APPLICABLE LAWS

(25) We control and operate the Site from our offices in USA. In all matters relating to the Site and these Terms and Conditions, the applicable law shall be the law of Florida, USA. All viewers and users of the Site agree to submit to the exclusive jurisdiction of the English Courts.

(26) The laws of Florida USA are applicable when using the Site. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

MODIFICATIONS TO THE SITE

(27) We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.

COPYRIGHT ACT AGENT

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 send the following information in writing (which shall be deemed to include by email) to the Copyright Agent named below: Your address, telephone number, and email address;

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 send the following information in writing (which shall be deemed to include by email) to the Copyright Agent named below:Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information that you provide is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.