Terms and Conditions

Gesa Spirits, S.A. de C.V. is the owner of this website (the “Site”). By accessing and using the Site, you agree to be bound by the following terms and conditions of use (“Terms of Use”). Gesa Spirits reserves the right to modify these Terms of Use from time to time. For your own interest, please review these Terms of Use regularly. If you do not agree to these Terms of Use and/or any modification or change thereto, please do not use this Site.

1. Access Authorization

Gesa Spirits maintains this Site for the individual use of people who are legally authorized or meet the legal age to purchase and consume alcoholic beverages in accordance with the laws of the countries or territories where they reside. By using this site, you accept these and the following terms of use and agree to comply with them.

Please leave this Site immediately if you do not agree to these Terms of Use, do not meet the legal age to consume alcoholic beverages according to the laws of the country or territory where you reside, or are in a country or territory where access to this Site is not permitted.

Gesa Spirits reserves the right to restrict or terminate your access to this Site or any feature related to it if you violate the Terms of Use, or if you use the Site to conduct, advertise, participate in or assist in any criminal or illegal activity.

2. Use of Information/Materials

Gesa Spirits reserves the right to withdraw, modify, suspend or indefinitely cancel the services we offer on our site without prior notice. We will not be liable if, for any reason, our site is unavailable.

You may use any downloadable material or information offered on this Site, provided that all of the following conditions are met:

You use the materials and information solely for private, non-commercial purposes;
Your use of the materials is for lawful purposes;
You do not remove copyright or other notices related to third-party rights;
You reside in a country or territory where the consumption of alcoholic beverages is allowed;
You are of legal drinking age according to the laws of the territory where you reside.
You do not harm or attempt to harm minors in any way.
Copyright, Trademarks, and Other Intellectual Property Rights.

The content of this Site, including without limitation any trademarks, designs, logos, texts, images, audio and video material, is the intellectual property of Gesa Spirits or its subsidiaries or affiliates (“Gesa Spirits Property Material”) unless otherwise stated in writing. The Gesa Spirits Property Material is protected by the laws of the United Mexican States and other countries around the world — especially copyright and trademark laws. You are not authorized to remove any intellectual property notices or any other notices. You are also not authorized to publish, distribute, transmit electronically or otherwise, or use the Material of this Site for any public or commercial purpose without prior written consent from Gesa Spirits.

3. No Licensing

Except for the limited license to download and print certain material and/or information from the Site solely for non-commercial and private use, you do not have the right to use Gesa Spirits Property Material. All rights to the material on this Site will remain the exclusive property of Gesa Spirits.

4. No Warranties / Disclaimer of Liability

A. Use of this Site is at your own risk. Gesa Spirits makes no representation or warranty regarding the accuracy, reliability, or completeness of the content of this Site or the content of any other site linked from this Site. Information on this site is subject to change periodically. Gesa Spirits may, at any time, make improvements and/or changes to the product(s) or service(s) offered and/or program(s) described here and is under no obligation to update this Site or its content, nor shall it be liable for not updating such information. To the extent permitted by applicable law, Gesa Spirits makes no warranties, express or implied, including without limitation, warranties of non-infringement or title, and implied warranties of quality, performance, merchantability, fitness for a particular purpose, safety and accuracy. Additionally, Gesa Spirits does not warrant that this Site or the server that makes it available are free of viruses.
B. You agree that Gesa Spirits and its subsidiaries and affiliates, as well as any of its officers, directors, employees or agents, will not be liable under any theory of liability for any indirect, punitive, special, consequential or incidental damages (including without limitation loss of profits, cost of obtaining a substitute service, or opportunity cost), resulting from or related to delays or inability to use the site or a linked site, even if Gesa Spirits has been advised of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus that may infect the user's equipment, mechanical or electronic equipment failure, communication line failure, telephone or other interconnection problems (e.g., your inability to access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Gesa Spirits does not guarantee and cannot guarantee continuous, uninterrupted or secure access to the website.
C. You acknowledge that malfunctions and operational issues may occur with this Site and that it may occasionally be unavailable for technical reasons.
D. If there are hyperlinks to other websites on this Site, Gesa Spirits assumes no responsibility for their content or reliability. Links to other websites are provided solely for user convenience.

5. Indemnification

You hereby agree to indemnify and hold harmless Gesa Spirits and its subsidiaries and affiliates from any damage claims or any other claims made against Gesa Spirits or its subsidiaries or affiliates, including without limitation any claims for indirect liability, consequential damages, losses, liability, costs, and expenses (including without limitation legal fees) arising from your use of this Site in any way, the information you transmit to this Site, your violation of third-party rights, or your breach of these terms and conditions of use.

6. Communications with this Site

Do not transmit through or to this Site any pornographic, obscene, offensive, defamatory, or fraudulent content. Do not send or upload any material that contains viruses, Trojan horses, worms, keyloggers, spyware, adware or any other computer program or code designed to negatively affect the operation of any software or hardware.

You must not attempt to gain unauthorized access to our site, the server where it is stored, or any computer or database connected to our site.

Information obtained from events regularly organized by Gesa Spirits nationally and abroad, and from visits to our facilities, as well as any other communication you transmit to this Site, whether by email or otherwise, will be treated as non-confidential and public. Unless otherwise agreed in writing, 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 claiming that material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or privacy rights. Such communication may be deleted by Gesa Spirits at any time. By submitting content or information (including without limitation photographs) to this Site, you grant Gesa Spirits a royalty-free, exclusive, irrevocable, unlimited license in time, place, and content to use such content and information. The license includes specifically:
the right to use in business activities in image and information carriers, as well as in print materials of its own and third parties;
the right to use and exploit communications received from you in online or other media (such as internet, CD-ROM, CDi, CDe, DVD);
the right to use and exploit communications received from you in electronic or analog databases, information networks, and similar multimedia services;
the right, if necessary, to modify the communications received from you;
the right to sublicense to third parties; and
the right to use and publish your name and location.

A. Additionally, you declare that the persons shown in any material you submit have given their consent for the publication of their images in the specific context in which they were sent to Gesa Spirits and contextually related to alcoholic beverages in the advertising sector.

B. In the event of non-compliance with the warranties provided in this section, the user must indemnify and hold harmless Gesa Spirits from any claims made by third parties, including without limitation attorney fees, upon first request. This does not prevent Gesa Spirits from claiming additional damages it may suffer.
Privacy
Your privacy is important to us; we process information about you in accordance with our privacy policy. By using our site, you consent to such processing. Please click here to view our Privacy Policy.
Additional Terms and Conditions of Use
Other areas of this Site may contain additional terms and conditions of use that will govern your use of the Site along with these terms and conditions.
Governing Law / Jurisdiction
This Site is controlled and operated by Gesa Spirits from its offices in the United Mexican States. Any claim relating to this Site will be governed by the laws of the United Mexican States in Mexico City. You and Gesa Spirits agree to submit to the personal and exclusive jurisdiction of the courts located in Mexico City. You agree that regardless of any law or regulation to the contrary, any claim or cause of action arising out of or related to the use of this Site or these terms and conditions must be filed within one year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Final Provisions
Gesa Spirits does not claim that the content of this Site may be downloaded outside the United Mexican States. If you access this Site from outside the United Mexican States, you do so at your own risk. In such case, you are responsible for complying with the laws of the country or territory where you are located in relation to such access. References to a specific product or service do not imply that Gesa Spirits intends to make such products or services available in all countries.
A. If any provision of these terms and conditions is invalid, or if there is any gap in these terms and conditions, this shall not affect the validity of the remaining provisions.
B. Gesa Spirits will only be bound by written agreements. Any oral agreement between the parties shall not be legally binding.
C. Gesa Spirits reserves the right to seek all legal and equitable remedies for violations of these Terms and Conditions, including the right to block access from a particular internet address or specific registered users of this Site.