Moët Hennessy USA Terms/Privacy Policy

Privacy Policy for www1.MHUSA.com

Moët Hennessy USA ("MH USA") has developed this privacy policy (the "Policy") to disclose its information gathering and dissemination practices for MH USA and is accessed either via MH USA Distributor Portal home page or through a link in other sites (the "Site"). This Policy is incorporated by reference in the , and all capitalized terms in this Policy which are not defined have the same meanings as they do in the Terms and Conditions of Use.

I. Collection of Personal Information from Site Users

A. MH USA or third parties at the instruction of MH USA and subject to the controls set forth herein, may collect and/or track the following types of information:

1. Your name, age, address, date of birth, e-mail address, screen name, comments, suggestions or other personally identifiable information which you provide us (via registration or otherwise);

2. the home server domain names, e-mail addresses, type of computer and type of Web browser used by visitors to the Site; and

3. aggregate and user-specific information regarding which pages users access.

B. MH USA may also place Internet "cookies" on users' hard drives. Internet cookies may save data about individual users, such as the pages of the Site viewed by the user, the identity of a previous or subsequent site viewed by the user, and the advertisements viewed or clicked by the user. When the user revisits the Site, MH USA may recognize the user by the Internet cookie and customize the user's experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. Use of cookies may assist in the performance of the Site, however. Our cookies do not read data off your hard disk or read cookie files created by other sites.

II. Use of Data Collected

A. Aggregate data collected by MH USA may be used by MH USA, its partners, parents or affiliates for its marketing and promotional purposes, including for (a) performing statistical analyses of user behavior, (b) product development, (c) informing advertisers, if any, how many users have seen or clicked on their advertisements, and (d) refining the content and layout of the Site.

B. Individually identifying information, such as names, e-mail addresses, zip codes, and other personal information which users voluntarily provide to MH USA may be added to MH USA's databases and used to contact users in the future regarding Site updates, new MH USA products and services and/or upcoming events.

III. Disclosure of Personal Data to Third Parties

MH USA will only share your data with its parents, partners and affiliates, though it could decide to share with other third parties in the future by modifying this Policy. Nothing in this Policy is intended to interfere with the ability of MH USA to transfer all or part of its business and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Please note, MH USA does work with third parties such as web developers who assist us with our sites. These parties may gather personal information of users at MH USA's direction and on MH USA's behalf but not to be given to anyone other than MH USA.

IV. Security Measures

Please be advised that while MH USA has endeavored to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to or from MH USA via the Internet or e-mail cannot be guaranteed. Accordingly, MH USA is not responsible for the security of information transmitted via the Internet or e-mail.

V. Opt-Out Right

MH USA is preparing its Site to allow users to opt out of having any personal identifying information used by MH USA . Users can send an e-mail to portal.manager@moethennessy.com and request to "opt out" of these activities, though continued use of the MH USA site will constitute a renewal of permission granted to MH USA to use the personally identifiable information as discussed herein.

If requested, we will make efforts to remove all of a user's personally identifiable data from our database; however, we may retain information in select files for archival purposes only, in order to resolve disputes, troubleshoot problems or enforce our Terms and Conditions of Use with the user. Please note that due to technical constraints and the fact that MH USA backs up its systems, your prior information may never be completely removed from our database, even if you request it, but it will be only used for the archival purposes described.

VI. Access to and Ability to Correct Personal Data

We recognize that the Federal Trade Commission Privacy Guidelines call for an Internet user to have access to all the information that web sites collect about him or her. If you wish to review and/or modify any personal information that MH USA maintains about you, please access your personal account information on the portal, or send us an email at portal.manager@moethennessy.com.

VII. Collection of Personal Data from Children

Users are not permitted to use the Site if under age 21. As such, MH USA will not knowingly collect information from individuals under the age of twenty-one.

VIII. Required Disclosures

MH USA cooperates with all law enforcement inquiries and reserves the right to disclose personal identifying or aggregate information in connection with a subpoena or other court-sanctioned demand for such information.

IX. Contact Information

MH USA reserves the right to contact Site users regarding account status and changes to the Terms and Conditions of Use, Policy, or any other policies or agreements relevant to Site users. MH USA can be contacted regarding this Policy by mail at 7 World Trade Center, 250 Greenwich Street, New York, NY 10007 or via e-mail to portal.manager@moethennessy.com.

X. MH USA's Right to Change Privacy Policy

The foregoing policy is effective as of May 2, 2002. MH USA reserves the right to change this policy at any time by notifying users of the existence and location of the new or revised Policy on the Site. You agree that notice of any Privacy Policy changes provided through the Site will constitute sufficient notice, and your use of the Site after posting of such notice constitutes your agreement and assent to the Terms and Conditions of Use of the new or revised Policy.

Moët Hennessy USA Distributor Portal ("MHUSA.com") Web Site Terms and Conditions

Welcome! Moët Hennessy USA ("MH USA") has adopted the following Terms and Conditions, which are applicable to everyone accessing and using our MHUSA.com web site. MH USA reserves the right to alter the Terms and Conditions without notice. A current version of the Terms and Conditions is always available at this location.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS LISTED BELOW.

The MHUSA.com web site is owned and operated by MH USA. Whenever we refer to "MH USA" in these Terms and Conditions, we are including MH USA and its subsidiaries, parent, affiliates and related companies. Any questions regarding the specific terms of these Terms and Conditions should be directed to portal.manager@moethennessy.com.

Linking to Third Party Sites.

This site may provide you with links to Internet sites maintained by third parties unaffiliated with MH USA. MH USA makes no representations as to the accuracy, truthfulness, reliability or appropriateness of materials on any of these third party sites to which this site links. You assume full responsibility when you choose to follow any links on this site that lead to third party sites.

Although this site may be linked to other sites, MH USA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site, you acknowledge and agree that MH USA has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

Linking to Related Sites.

This site may provide you with links to other Internet sites maintained by MH USA. The Terms and Conditions of Use and Privacy Policies for any related site should be reviewed when entering those sites. By entering this site you agree that, to the extent they are inconsistent, the Terms and Conditions of Use and the Privacy Policy of those sites control any use of those sites.

Interactive Services.

The information, ideas and opinions appearing on this site do not necessarily reflect the views of MH USA. MH USA DOES NOT ASSUME RESPONSIBILITY OR ACCEPT LIABILITY FOR THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF INFORMATION, IDEAS AND OPINIONS APPEARING ON THIS SITE, OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF INFORMATION, IDEAS AND OPINIONS APPEARING ON www.MHUSA.com.

Some portions of this site may allow you to post information that is accessible to the public. MH USA reserves the right to remove anything that you might post at its sole discretion, even without any notice to you. You agree that you will not post any illegal, threatening, defamatory, pornographic, profane, indecent, obscene, inflammatory, derogatory or otherwise inappropriate material, including without limitation, anything that would constitute or encourage criminal or unlawful conduct. MH USA strongly encourages web site users not to post personally identifiable information in chat rooms as this information may be reviewed by the public. As set forth more fully below, MH USA cannot accept responsibility for any injury caused directly or indirectly by such public display of personally identifiable information.

You authorize MH USA to use, reprint and publish any materials that you post to this site in any manner MH USA chooses, and without any obligation to compensate or acknowledge you or anyone else. You agree that you will not post any material that might constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.

Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to MH USA (collectively, the "Submissions") may be used by MH USA, its parents and affiliates anywhere, anytime, and for any reason whatsoever, and will forever be the exclusive property of MH USA. MH USA will not be required to treat any such submission as confidential, and will not be liable for any damages whatsoever for any use or disclosure by us of the submission. You acknowledge that you are responsible for whatever submission you send, and you, not MH USA, have full responsibility for the message, including its legality, reliability, and originality. MH USA and all parties involved in creating, producing or delivering this site assume no responsibility or liability that may arise from any such submission.

Privacy.

Any personal information provided confidentially to this site (e.g., personal communications to MH USA exclusively or registration information) will be handled in accordance with the MHUSA.com Privacy Policy. That Privacy Policy is incorporated in and considered a part of these Terms and Conditions for use of this Site.

By registering for and accessing this site, you are deemed to have opted-in for the purposes of our use and dissemination of your personal data in accordance with our Privacy Policy.

Trademarks.

MHUSA.com and all other names of MH USA products and all related logos and designs used herein are trademarks owned by Moët Hennessy USA, or its parents, subsidiaries, affiliates or related companies. In addition, there are other trademarks mentioned herein which are and remain the property of their respective owners. While some trademarks have been designated as such, the absence of such designations should not be regarded as affecting the legal status of any trademark.

You may use our trademarks only with our express permission, except as permitted by trademark law. The use or misuse of these trademarks or any content of this site, except as provided herein, is strictly prohibited.

Copyrights.

All content on this site is protected under copyright law. MH USA is the copyright owner of this site. Without in any way waiving any of the foregoing rights, you may download one copy of the content of www.MHUSA.com to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise modify, reproduce, perform, distribute, display or create derivative works from any of the this site's content.

Claims of Copyright Infringement.

MH USA is committed to complying with copyright and related laws, and expects you to comply with such laws as well. Using this web site to transmit any content (by email, uploading, posting, or otherwise) or to engage in any activity that infringes any copyright or any other right of a third party violates these Terms and Conditions. You represent and warrant (a) that you own, or are otherwise lawfully authorized to use, any content that you transmit to or through the web site; (b) that use of the content supplied by you does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us for all claims resulting from content that you supply. If you believe you have seen infringing content of our Site, please email us at portal.manager@moethennessy.com.

Restrictions On Use.

Except as otherwise provided herein, material from this site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of MH USA. Neither title nor intellectual property rights are transferred to you by use of or access to this site; rather, all rights, title and interest in and to all aspects of the site remain the property of MH USA. Any unauthorized use of materials from this site may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

Material on this site is provided for lawful purposes only.

Termination.

MH USA may terminate your right to use this site at any time, and without notice. MH USA will terminate your right to use this site if you violate any of these Terms and Conditions, or any other policy that this site posts.

International Use.

This web site is located within the United States, but can of necessity be accessed from outside the United States. MH USA controls and operates this site from New York, NY USA, and MH USA makes no representation that these materials are accurate, appropriate or available for use in other locations. By choosing to access www.MHUSA.com from any location other than the United States, you accept full responsibility for compliance with all applicable national and local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. If you download or use software, you represent and warrant that you are not located in, or under the control of, or a national of any country subject to export controls or other restrictions.

DO NOT ENTER THIS SITE IF PROHIBITED IN YOUR COUNTRY OF RESIDENCE.

Account Maintenance.

You are responsible for maintaining the confidentiality of your account information. If you become aware of any unauthorized use of your account or account information, you will notify MH USA immediately. You alone accept all responsibility for any damages you incur due to unauthorized access of the site under your password. You also acknowledge that you will be liable for damages incurred by MH USA due to such unauthorized use.

Governing Law.

This Agreement shall be governed by and interpreted in accordance with the laws of the United States of America and the State of New York, without regard to their principles of conflicts of law.

Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution. For your protection, MH USA reserves the right to view, monitor, and record activity on this site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this site. MH USA will also comply with all court orders involving requests for such information.

Enforcement.

Any part of this Agreement found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties.

IMPORTANT - RESTRICTIONS ON LIABILITY.

YOUR USE OF www.MHUSA.com IS AT YOUR OWN RISK.

www.MHUSA.com, THE CONTENT ON www.MHUSA.com, AND SERVICES YOU ACQUIRE FROM THEM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

MH USA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MH USA) ASSUME THE ENTIRE COST OF ALL RESULTANT AND NECESSARY SERVICING, REPAIR OR CORRECTION. MH USA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MH USA HAD BEEN ADVISED OF SUCH DAMAGES, OR ANY HARM, COSTS, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIAL OF THIS SITE, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM DOWNLOADABLE SOFTWARE OR OTHER INFORMATION, OR THAT ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE, YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, OR THE USE OF OR THE INABILITY TO USE THE SITE, OR FROM GOODS OR SERVICES ACQUIRED THROUGH THE SITE, OR FROM ANY CONTENT POSTED ON THE SITE BY MH USA OR ANYONE ELSE).

THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

Revisions to Terms and Conditions.

MH USA reserves the right to revise these Terms and Conditions, or the content of this site, at anytime and for any reason by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Miscellaneous.

This site may describe products, promotions or services that are not available in your country or state of domicile.

This site is owned by Moët Hennessy USA, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA. The site is managed by the Information Systems and Technology Department.

Effective Date: May 2, 2002.

"Claims of Copyright Infringement" Notice

If you believe that your work has been copied on our web site, systems, or network, in a way that constitutes infringement under the Copyright Act, please provide the following information to our Designated Agent for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. ýý 512(c)(3) )

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.