AI.BUM COVER TERMS & CONDITIONS OF USE 
 

The interactive web application contained within the URL https://www.hennessy.com/en-us/hennessy-aibum-cover-experience is defined as the “Experience”. 
 

The Experience is provided by Jas HENNESSY & Co, a French company with share capital of 16.588.000 euros, having its registered address at rue de la Richonne CS 20020, Cognac, France, registered under n° 905 620 035 RCS Angoulême (the "Company"). 
 

Any use of this Experience by any person ("you" or the "user") is governed by these terms & conditions of use (“Terms & Conditions"). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Experience and the Experience outputs. 
 

By accessing and using this Experience, you accept without restriction to apply these Terms & Conditions, the Hennessy website Terms & Conditions (read Hennessy website Terms & Conditions), as well as the provisions concerning the protection of personal data (read the Privacy & Cookies Notice). 
 

These Terms & Conditions may be revised or updated at any time and without notice. 
 

This Experience is provided only for people who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. 
 

If no such laws exist in your location of residence, you must be over 21 to access the Experience. 
 

1. NAVIGATION ON THE EXPERIENCE 
 

1.1 ACCESS TO THE EXPERIENCE 
 

Necessary hardware and software to access the internet and this Experience are under sole liability of the users. 
 

The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Experience and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation. 
 

It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Experience. 
 

1.2 USER RESPONSIBLE BEHAVIOR 
 

Each user warrants: 
 

  • to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,
  • to use the Experience for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
  • to provide, when relevant, personal data being true, up-to-date and accurate.

Users may not in any way represent or act on behalf of the Company, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees. 
 

When using the Experience, users must behave responsibly, lawfully, with courtesy and respectful towards other users, the Company, its subsidiaries, affiliates and third parties. 
 

User must notably refrain from: 
 

  • uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
  • disrupting or interrupting the Experience, its servers or networks connected to the Experience, or infringing the related requirements, procedures or rules,
  • infringing (including any attempt) the Experience functioning, notably by exposing the Experience to viruses, creating an overload of consultation of the Experience or its servers, sending "spams" or overloading the Experience messaging system,
  • consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
  • trying to assess or test the Experience vulnerability, breaching security or authentication measures of the Experience without the prior written consent of the Company,
  • conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging third parties to do so,
  • uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorized commercial or promotional content, junk mails, spams, chains or any other solicitation,
  • uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like,
  • sending or forwarding by e-mail or by any other mean any content of the Experience to people under the legal alcohol drinking and/or purchasing age in their location of residence.

Each user must comply with any and all applicable regulations, laws and rules related to user’s behavior on the internet and transmission of technical data. 
 

When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Experience without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user. 
 

1.3 USER GENERATED CONTENT 
 

Users are solely liable of any content they may post or upload onto the Experience and the consequences of disclosing, broadcasting, forwarding or making available such content. The Company does not adhere or approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law. 
 

However, the Company reserves the right, but not the obligation, to monitor use of the Experience and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way. 
 

User accepts that the Company may freely and peacefully use, at no cost and without any restriction, any content posted onto the Experience in order to be displayed on the Experience as well as to be displayed, reproduced on any other medium whatsoever, in the entire world, for the promotion and advertising of the Company, its products and services. 
 

2 PROTECTION OF THE EXPERIENCE CONTENT 
 

The Experience and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Experience) as well as any software required to be used in relation to the former, data bases and newsletters (the "Content"), may contain confidential information and information that is protected by intellectual property rights or other legislations. 
 

Unless otherwise expressly stated in the Experience, the Company exclusively owns all intellectual property rights related to the Content and the Company does not grant any user with any license or other right other than a right to view the Experience. 
 

The reproduction of the Content (in whole or in part) of the Experience is authorized for the sole purpose of information for a personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited. 
 

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-license or transfer in any way any content of the Experience or any material (including software) related to the Experience. 
 

3 EXPERIENCE CREATED CONTENT 
 

Users are solely liable for any content created by using the Experience (the “Asset”) and the consequences of disclosing, broadcasting, posting on a social platform, forwarding or making available the Asset. The Company declines any and all responsibility and liability in respect the Asset to the fullest extent permitted by applicable law. 
 

User accepts that the Company may freely and peacefully use, at no cost and without any restriction, the Asset in order to be displayed on the Experience as well as to be displayed, reproduced on any other medium whatsoever, in the entire world, for the promotion and advertising of the Company, its products and services. 
 

4 PERSONAL DATA 
 

The Company ensures the protection of personal information disclosed by users of the Experience. 
 

The Company invites users to consult the Privacy & Cookies Notice which indicates the provisions implemented to guarantee the treatment of personal data. Collection, processing, use, transmission, keeping and protection of users’ personal information are governed by the Privacy & Cookies Notice. 
 

5 RESPONSIBILITY 
 

The Company endeavors to ensure as far as possible, that the information provided on this Experience is correct and up-to-date. However, the Company cannot guarantee the correctness, accuracy or exhaustiveness of the information provided on the Experience. 
 

The Company allows free access to the Experience and declines all responsibility and may not be held liable in any case: 
 

  • for any interruption in provision of the Experience or services accessible via the Experience,
  • for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Experience,
  • for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Experience,
  • for any damage resulting from a fraudulent intrusion by a third party,
  • and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Experience or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.

6 GOVERNING LAW AND JURISDICTION ATTRIBUTION 
 

These Terms & Conditions (and the Hennessy Website Terms & Conditions and Privacy & Cookies Notice) are governed by French law.  
Unless imperative legal provision to the contrary, users and the Company hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Paris (France) any claim or matter arising under or in connection with the Content or use of the Experience or the Asset, including in case of guarantee, plurality of defendants or summary proceedings.