ENJOY RESPONSIBLY© 2010 42 BELOW AND THE 42 BOTTLE DESIGN ARE TRADEMARKS AND/OR REGISTERED TRADEMARKS. 42 BELOW IMPORTING COMPANY, CORAL GABLES, FL. VODKA – 40% ALC. BY VOL. 100% NEUTRAL SPIRITS DISTILLED FROM GRAIN. FLAVORED VODKAS EACH 40% ALC. BY VOL.

Terms & Conditions
Limited Privacy Policy
World’s Most Awarded Vodka

Terms & Conditions

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1. General
   1. This site is maintained by 42BELOW Limited (“we” or “us”) for the personal use, of people who are lawfully permitted to consume alcoholic beverages, in countries and other territories where the consumption of alcoholic beverages is lawful.
   2. The purpose of these terms of use is to let you know about the terms and conditions which apply to your use of our website.
   3. By joining 42below.com, you confirm that you have read and agree to these terms of use and our privacy policy. If you do not agree to these terms of use and our privacy policy, you will not be able to use our website.
2. Changes to these terms of use
   1. We may make changes to these terms of use from time to time. As such, we encourage you to review these terms of use regularly so that you stay informed about the terms and conditions which apply to your use of our website. We will make these changes without notice to you.
   2. Your continued use of our website means that you agree to these terms of use, and any changes we may make to them.
3. Application of these terms of use
   1. These terms of use apply only to your use of our website. These terms of use do not apply to your use of websites that we do not own or operate, but to which our website may link.
4. Use of our website
   1. You understand that all information, data, text, software, music, sound, photographs, graphics, video messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit onto this site.
   2. You understand that we do not pre-screen Content, but that we and our designees have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available
   3. We are committed to protecting your right to use our website free from any content which is abusive or offensive, or which places your safety at risk. As such (by way of example, but not in limitation), users of our website are not permitted to:
      1. post any content which is false, misleading, inaccurate, libelous, defamatory, obscene, offensive, pornographic, abusive, hateful, inflammatory, harmful, tortious, or racially, ethnically, or otherwise objectionable, or which violates any law protecting the rights of any person;
      2. harass, stalk, abuse, impersonate, intimidate, or otherwise threaten any person;
      3. disrespect or violate the privacy of any person;
      4. use our website for unwelcome, inappropriate or abusive communications or in any manner that does or might interfere with any other user’s enjoyment of our website;
      5. combine with other users of our website to induce, promote or conduct any illegal conspiracy or other effort intended to harass others or disrupt the business of others.
   4. We are also committed to protecting the intellectual and personal property rights of users of our website, and ask that users respect ours. As such (by way of example, but not in limitation), users of our website are not permitted to:
      1. attempt to gain unauthorized access to another user’s account information, computer systems or networks, whether associated with our website or not;
      2. post any content that infringes any Intellectual Property Rights or other rights of any person;
      3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from our website (including copyrights and trade marks) without our prior written consent and/or the prior written consent of the appropriate third party and/or user;
      4. use our website or our services to transmit, route, provide connections to, or store, any material that violates or promotes the violation of the intellectual property rights of any other person.
   5. We ask that users respect the technical integrity and community spirit of our website. As such (by way of example, but not in limitation), users of our website are not permitted to:
      1. provide false, inaccurate and/or incomplete registration and/or payment registration information;
      2. use a false identity, impersonate another person or use a name that they are not authorized to use;
      3. bypass any measures we may use to prevent or restrict access to our website;
      4. transfer their account (including feedback) and/or their password to another person without our consent;
      5. circumvent or manipulate our fee structure, billing process, or any fees owed to us for services rendered;
      6. attempt to obtain any information or materials relating to our website through any means not intentionally made available through our website;
      7. take any action that may undermine the user referral system, the user feedback system or the ratings systems that 42BELOW will introduce;
      8. distribute or post spam, chain letters, or pyramid schemes;
      9. use spyware or any form of deception (spoofing) on our website;
      10. distribute viruses or any other technologies that may harm us or our website, or the interests or property of users of our website;
      11. harvest or otherwise collect information about users of our website, including email addresses, without their consent;
      12. “frame” or “mirror” or otherwise copy any portion of our website without our express written authorization;
      13. modify, adapt, or disable our website or modify another website so as to falsely imply that it is associated with our website;
      14. use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission;
      15. bypass our robot exclusion headers or any other measures we may use to prevent or restrict access to our website;
      16. take any action that imposes or may, in 42BELOW’s sole discretion, impose an unreasonable or disproportionately large load on our technical infrastructure;
      17. interfere or attempt to interfere with the proper working of our website or any activities conducted on our website;
      18. use our website for any purpose that is unlawful, fraudulent or contrary to these terms of use or other 42BELOW policies, and in particular the Content Standards below;
      19. violate any national or international laws or any third party rights;
      20. encourage or instruct any other individual to do any of the foregoing or to violate any of these terms of use or other 42BELOW policies.
   6. In addition to any other right or remedy that may be available to us under these terms of use or at law, we may limit, suspend, or terminate your membership, block your access to our website, modify or remove any content posted on our website, and/or take any technical and/or legal action we believe is necessary, if we think, in our sole discretion, that your use of our website is in breach of these terms of use or goes against the community values of 42BELOW.
   7. You agree that you will co-operate fully with us to investigate any suspected illegal or improper activity on our website including, but not limited to, granting us or any authorized representatives of ours access to any password-protected parts of your account.
   8. We will work with the 42below.com community to protect the rights of users of our website and to keep our website working properly. We rely on users of our website to determine the character of the community they want. Please report any actual or perceived breaches of these terms of use and/or any behavior which goes against the community values of 42BELOW to us at misuse@42BELOW.com.
5. Content Standards
   1. Any and all material which you contribute to our site must comply with the following content standards. The standards apply to each part of any contribution as well as to the whole.
   2. Your contributions must not:
      1. Contain any material which is defamatory of any person
      2. Contain any material which is obscene, offensive, hateful or inflammatory
      3. Contain sexually explicit material
      4. Harm or attempt to harm minors in any way
      5. Encourage, condone, promote, or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving
      6. Be targeted at an under legal drinking age audience
      7. Promote violence or any illegal or immoral behaviour
      8. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
      9. Give the impression that they emanate from us, if this is not the case
      10. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
   3. This list is not an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of this site.
   4. 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, disclose and distribute 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.
6. Intellectual property
   1. With the exception of content uploaded by users, our website, its contents and all Intellectual Property Rights relating to and/or associated with our website and its contents are owned by us and/or our licensors. You acknowledge that:
      1. We are protected by Intellectual Property Rights;
      2. These Intellectual Property Rights are valid and protected in all media and technologies existing now or later developed;
      3. You agree not to directly or indirectly challenge our Intellectual Property Rights or assist any other party in doing so; and
      4. Except as far as we explicitly provide otherwise, these terms of use and applicable copyright, trade mark and other laws govern your use of our Intellectual Property Rights.
   2. You may view, print, download or temporarily store extracts from our website for your personal, non-commercial reference without addition, alteration or deletion. You may not otherwise copy, reproduce, distribute, retransmit, publish, commercially exploit or otherwise transfer any content or material from our website. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any content or materials from our website.
   3. By posting, uploading, inputting, providing or submitting content to our website, you grant (or warrant that the owner of such rights has expressly granted or will grant) us and/or our relevant related and/or affiliated companies around the world, a perpetual, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create deviated works from, distribute, perform and display your postings and other submitted content in their original or edited form, worldwide and/or to incorporate it in any other works in any form, media or technology no known or in the future. You also warrant that you own or otherwise control all of the rights to the content you have submitted or posted and that the posting and use of such content by us will not infringe the intellectual property or other rights of any third party.
7. Indemnity
   1. 42BELOW has no control over the Content submitted by the public to this site. You agree to indemnify and hold harmless 42BELOW, our related companies, subsidiaries, affiliates, customers, vendors, officers, directors, shareholders and employees against any liability, damage or cost (including legal costs on an attorney/client basis), from any claim or demand made by any person due to or arising out of your access to and use of our website, your submissions and posting of Content to our site and/or services we provide, breach of these terms of use, or the violation by you, or any other person using your account, of any intellectual property or other right of any person or entity.
8. Disclaimers
   1. The services, products and content on our website are provided “as is” and without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties. If that is the case, the above exclusion may not apply to you.
   2. We do not endorse, warrant or guarantee any products or services offered on our website. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
   3. Neither we nor any of our licensors or suppliers warrants that your use of our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes them available are free of viruses or other harmful components.
   4. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of your use of our website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any communication with us on account of technical problems or congestion on the internet or at any website, or any combination of them, including any injury or damage to your or any other person’s computer related to or resulting from use of our website.
   5. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to our website; what services and/or content users access on our website; what effects the services and/or content may have on individual users; how users may interpret or use the services and/or content; or what actions users may take as a result of having been exposed to the services and/or content.
   6. You release us from all and any liability for using or not using services and/or content on our website. Our website may contain, or direct users to websites containing, information that you may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our website.
   7. While we require users of our website to comply with these terms of use, you understand that, by using our website, you may be exposed to content that is offensive, indecent or objectionable. You accept that it is just not possible for us to screen all content posted on our website. We are not responsible for screening content posted on our website to ensure that it is not false, misleading, inaccurate, libelous, defamatory, obscene, offensive, pornographic, abusive, hateful, inflammatory, harmful, torturous, or racially, ethnically, or otherwise objectionable, or to ensure that it does not violate the Intellectual Property Rights of any person. We do, however, reserve the right to modify or remove posted content that we, in our sole discretion, think breaches these terms of use or is otherwise unacceptable. We also reserve the right to edit posted content for any other reason. Whether or not we edit or remove such content, you will remain solely responsible for any content you post on our website.
   8. You acknowledge and agree that we are not responsible in any way for any interaction that occurs between you and any other user of our website. As between us and you, you alone shall be responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area or through a private exchange, any form of contact or other information with any user of our website. 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 above content standards and/or these terms and conditions.
   9. If you have a dispute with one or more other users of our website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with that dispute.
9. Limitation of liability
   1. To the maximum extent permitted by law, neither we nor our suppliers or licensors shall be liable to you or any other person for any direct, indirect, punitive, incidental, special, consequential or other damages whatever or however arising out of or in anyway connected with your use of, or your inability to use, our website, any content posted on our website, or any products and/or services provided on our website, even if we are advised of the possibility of such damages. Some jurisdictions may not allow the limitation or exclusion of liability in this way or to this extent. If that is the case, the above limitation or exclusion may not apply to you.
10. Jurisdiction
    1. We control and operate our website from our offices in New Zealand. If you choose to access and use our website from a country other than New Zealand, you do so on your own initiative and you will be responsible for compliance with the laws of that country, if and to the extent that those laws apply.
11. Miscellaneous
    1. If any provision of these terms of use is held by a court with appropriate jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deleted from these terms of use and the remaining provisions shall remain in full force and effect.
    2. Any failure on our part to enforce any part of these terms of use or to exercise any right we may have under these terms of use will not constitute a waiver to any extent of our rights.
    3. We may assign our rights and obligations under these terms of use at any time and, if we do, we will be relieved of any further obligation to you under these terms of use.
    4. These terms of use and our privacy policy constitute the entire agreement you have with us as to your use of our website and supersede any prior agreements or understandings we may have with you.
12. Governing law
    1. These terms of use are governed by and construed in accordance with New Zealand law. By using the 42below.com site you submit to the non-exclusive jurisdiction of the courts of New Zealand.
13. Definitions
    1. In these terms of use, unless we say otherwise:
       1. “Intellectual Property Rights” means any and all copyrights, database rights, trade marks, service marks, patent rights, design rights, trade secrets, confidential information and other intellectual and proprietary rights of any nature, anywhere in the world;
       2. “our website” and “our site” means 42below.com and any other website that we may own or operate in the future;
       3. “we”, “us”, “our” or “42BELOW” means 42BELOW Limited, a duly incorporated New Zealand company (number 1057818), having its registered office and address for service at Level 1, Union Fish Co Building, 116/118 Quay Street, Auckland, New Zealand;
       4. “you” means each registered user of our website.

Limited Privacy Policy

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1. General
   1. 42BELOW Ltd is committed to protecting your privacy and ensuring that you have faith in the integrity of any personal information you provide on our website. We will rigorously defend your rights as a user of our website to privacy and the security of your personal information.
   2. The purpose of this privacy policy is to let you know about our Information Practices.
   3. For other information about 42BELOW and the use of our website, please see our terms of use, which are to be read in conjunction with this privacy policy.
   4. By joining 42BELOW, you confirm that you have read and agree to our terms of use and this privacy policy. If you do not agree to our terms of use and this privacy policy, you will not be able to use our website.
2. Changes to this privacy policy and/or our Information Practices
   1. We may make changes to this privacy policy and/or our Information Practices from time to time. As such, we encourage you to review this privacy policy regularly so that you stay informed about the types of information we collect, how we use that information and what we are doing to protect your privacy. We will make these changes without notice to you.
   2. Your continued use of our website means that you agree to this privacy policy and our Information Practices, and any changes we may make to them.
3. Application of this privacy policy
   1. This privacy policy applies only to your use of our website. This privacy policy does not apply to your use of websites that we do not own or operate, but to which our website may link.
4. Collection and use of information
   1. Our website is a site for people over the age of 18. Our website offers fun, unique and powerful communication tools to link our brand with people from all over the world.
   2. All collection and use of the personal information you provide on our website will be in accordance with this privacy policy and New Zealand data protection legislation.

   New accounts

   3. When you create a new account on our website, you provide basic personal information about yourself, including your name, gender, country, age, username and email address. You provide this personal information so that we can set up a user account for you on our website. We may use this personal information to contact you and to send you information about us, our services and promotional material from our affiliated partners. 

Cookies
   4. A cookie is a small text file that is placed on a website user’s hard disk by a web page server. Cookies cannot be used to run programmes or deliver viruses to a website user’s computer. Cookies are uniquely assigned to a website user’s computer, and can only be read by a web page server in the domain that issued the cookie.We may obtain information about your general internet usage by using a cookie. They enable us to estimate our audience size and usage pattern, store information about your preferences, allowing us to customise our site according to your interests, speed up your searches and recognise you when you return to our site.We will give you the opportunity to accept or decline cookies. Most website browsers automatically accept cookies, but you can modify your website browser to decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you log on to our site.
      

      General site use information

   5. We collect general information and statistics about the use of our website, traffic patterns, demand for relevant products, services, facilities, information and site-related data. We use this information to research our users’ interests, demographics and behaviour so that we can understand and serve the 42BELOW community better. The information and statistics we collect of this type will not identify you personally.

   Residual information

   6. If you wish to correct or delete information we hold about you on our website, please bear in mind that residual information will remain within our databases. We will not use this residual information for commercial purposes. However, we may need to use that information if we are required to by law.
5. Disclosure of information
   1. We do not sell or rent your personal information to third parties.
   2. We do, however, monitor the information users make public on our website so that we can operate our website for research and social administrative purposes. As such, we reserve the right to sub-contract third parties to provide defined services on our behalf, such as data handling and delivery of mailings, providing customer support, or performing statistical analysis of the use of our services for research and other purposes. We will only give these third parties the minimum information they need to provide the service. We will require them to maintain the confidentiality of the information we give them and prohibit them from using that information for any other purpose.
   3. Beyond that, we will only disclose your personal information to third parties if you authorize us to do so, or if we believe in good faith that disclosure is necessary to: (a) comply with the law; or (b) protect and defend the rights, property or safety of 42BELOW and its employees or agents, users of our website, or members of the public.
6. Storage and security of information

   Storage

   1. 42BELOW Limited, New Zealand company number 1057818, having its registered office and address for service at Level 1, Union Fish Co Building, 116/118 Quay Street, Auckland, New Zealand is the entity that collects and holds the information provided by users of our website.
   2. The information you provide on our website will be stored and processed primarily in New Zealand and with our website hosts overseas. In addition, the information you provide may also be stored and/or processed in any country in which 42BELOW or any of our subsidiaries, affiliates or agents maintains their facilities.
   3. We will retain information from closed accounts so that we can comply with the law, prevent fraud, collect unpaid fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our terms of use, or take other actions otherwise permitted by law.

   Security

   4. We are committed to protecting the personal information you provide on our website. We use a variety of security technologies and procedures to help protect you personal information from unauthorized access, use or disclosure. However, you acknowledge the technical reality that we cannot completely guarantee the security of our servers or the means by which information is transmitted between your computer and our servers.
   5. We store all information you provide on our website on secure computers located in secure facilities. When we transmit personal information over the internet, we protect that information by using encryption, such as the Secure Socket Layer (SSL) protocol.

   Password

   6. When you join 42BELOW, you will be asked to create a password. Your password is the key to your 42BELOW account and user profile. We recommend that you use unique combinations of numbers, letters and special characters for passwords.
   7. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your personal information. We recommend that you do not disclose your password to anyone. If you do disclose your password, you are responsible for all actions taken by the user of your password on our website. We will never ask you to disclose your password details to us.
   8. If you suspect your password has been compromised in any way, please notify us on privacy@42BELOW.com, and change your password.
7. Access to and correction of personal information
   1. We are committed to ensuring that you are always in control of any personal information we hold about you. As such, we will provide you with simple ways to access, update, amend or correct the information that you provide on our website.
8. Questions and/or comments
   1. We are committed to good privacy practice and welcome any questions and/or comments you may have about this privacy policy and/or our Information Practices. Please send any questions and/or comments to privacy@42BELOW.com.
9. Definitions
   1. In this privacy policy, unless we say otherwise:
      1. “Information Practices” means our information collection, use and protection practices;
      2. “our website” or “site” means www.42BELOW.com and any other website that we may own or operate now or in the future;
      3. “we”, “us”, “our” or “42BELOW” means 42BELOW Limited, a duly incorporated New Zealand company (number 1057818), having its registered office and address for service at Level 1, Union Fish Co Building, 116/118 Quay Street, Auckland, New Zealand;
      4. “you” means each user of our website.

World’s Most Awarded Vodka

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*As awarded in the four largest international competitions for alcoholic beverages 2004-2009.

This claim is based on the results from the following competitions.

• Monde Selection (Belgium)
• International Wines and Spirits Awards (USA)
• Beverage Testing Institute (Chicago)
• San Francisco World Spirits Competition (USA)