These are Our (defined below) Terms and Conditions (collectively, "Terms") which You (defined below) should read before You use Our Site (defined below) or before You register as a Member (defined in Clause 1.2 below). These Terms are a legally binding agreement between Proximo Spirits UK Ltd. of 44-46 Fleet Street, London EC4Y 1BN (the "Promoter"), The Corporate Innovations Company Limited of Orchard House, Hopcraft Lane, Deddington, Oxfordshire, OX15 0TD (the "Programme Manager" and, together with the Promoter, "We", "Us" and "Our") and You. They will govern the relationship between the Member ("You") and the Promoter and everything that You do on http://www.theleagueofdarkness.co.uk (the "Site"). If You do not accept these Terms, You should not view, access, participate or otherwise use any part of the Site. In such a case, please leave the Site now. The Site is operated by the Promoter and materials on the Site are primarily owned by the Promoter. In the case of a conflict between these Terms and any other copy, these Terms take precedence. Please keep a copy for your records.

1. Acceptance of Terms

1.1 These Terms govern your use of the Site, the information that We make available to You on the Site and any goods or services that We sell to You directly from the Site. These Terms do not govern any other relationships with any third party. If You are entering into a contract with a third party such as buying product or tickets to an event, You ought to read their terms carefully before entering into an agreement with them, as We will be not be part of such relationship. Whether You are a visitor to the Site or a Member using the Site, You accept that You will be bound by these Terms and any changes that may be made to them from time to time, provided that We will notify You of any substantive changes to these Terms when they are made, and You will be required to accept them to have continued access to the Site. If You do not agree to be bound by these Terms, please do not use the Site.

1.2 Portions of the Site may be viewed simply by visiting the Site. However, in order to gain access to certain areas of the Site, You may need to enroll as a member of the Site ("Member").

2. Age Restriction

To be a Member of the League of Darkness, You must be 18 years or over and a legal resident of the United Kingdom.

3. Registration Information and Your Privacy

When You register as a Member (if applicable), You will be required to provide Us with your full name, your date of birth and your email address (the "Registration Information"). In the event that You do not provide Us with the Registration Information, We may refuse your request to become a Member. We use the Registration Information as detailed in the Promoter's Privacy Policy. Please click here to read it.

4. Provision of Service

4.1 The Site may be modified or discontinued by Us with or without notice to You and without liability to You or to any third party (except where any such action taken by Us causes You to suffer loss or death or personal injury as a result of Our negligence). The Site is made available to You strictly on an "as is" basis.

4.2 Where We have posted information on the Site, We endeavour to ensure that the information is as accurate as possible.

4.3 If You become aware of any information on the Site which You know or have good reason to suspect is untrue or incorrect in any way please let Us know by emailing Us on support@theleagueofdarkness.co.uk.

5. Your Obligations to Us

5.1 You agree that You will only use the Site in such a way that adheres to these Terms.

5.2 You hereby confirm that You have obtained the consent of the telephone line user and of the person who pays the bill associated with that telephone line/internet provider prior to accessing the Site. You are responsible for obtaining all necessary equipment to enable You to access the Site.

6. Intellectual Property Rights and Use of Site

6.1 Copyright and design rights extend to the design, look and feel of Our Site, all photographs, images and text appearing on it and any promotional material in which We assert Our Intellectual Property Rights (defined in Clause 6.2 below) therein.

6.2 We do not give You any right or interest in any copyright, trade mark (conventional and non-conventional), trading style, trade name, goodwill, brand equity, design right, patent, database, software right, whether registered or unregistered ("Intellectual Property Rights") in any text, image, logo, trade mark, table, compilation, database, software or other material in which Intellectual Property Rights subsist featured on the Site because they are owned by Us. You can use all the material on Our Site and You may use, replicate, copy, modify, distribute or adapt any area of the Site only to the extent expressly permitted by the Site or where We provide You with prior written consent.

6.3 You are granted a limited license to download the materials contained on the Site to a single personal computer, and to print a hard copy of the materials contained on the Site, solely for personal, non-commercial use, and provided all copyright, trademark and other proprietary notices are left intact. In all cases "Proximo Spirits UK Ltd." must be acknowledged as the source of the material. Use of the materials contained on the Site on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and compliance with all these Terms. Any other use of any of the materials on the Site including reproduction (for any purposes other than those noted above), modification, distribution or republication without Our prior written permission is strictly prohibited, and is a violation of Our proprietary rights.

6.4 We do not give You any rights in relation to any Intellectual Property Rights in any product or service that You purchase on the Site and nor do We give You right to reproduce the same, except where You download an image, wallpaper, video, music or other digital file from the Site (where such services are made available) and such download use will be subject to the specific terms and conditions applicable to such service.

6.5 We do not make any warranty or representation in respect of the ownership or origin of any third-party materials included on the Site.

6.6. "Kraken", the logos associated with the Kraken® Black Spiced Rum and "The League of Darkness™" are trademarks owned by the Promoter or its affiliates and may not be used without express written permission from the trademark owner.

7. Prize Promotion, Competitions and Offers

7.1 Each promotion that is run on the Site will have its own rules and You agree to follow those rules. Please read them carefully before participating. Each competition or promotion will explicitly outline how your data will be used and where this will be shared in order to fulfill the prize. You will be required to opt into this on each occasion.

7.2 We will use your Registration Information to contact You in the event that You win a prize and/or to deliver to You your prize. Please read Our Privacy Policy in relation to use of your personal information.

7.3 We are not responsible for any promotion or game run by any third party which You access via Our Site.

7.4 The Promoter reserves the right to refuse entry and to terminate the account of anyone that is believed to be in breach of these Terms.

7.5 The decision of the Promoter in all promotions run on the Site is final and binding.

7.6 The Promoter shall not be held responsible for any acts or omissions on behalf of third parties.

7.7 The Promoter will not be liable for any delayed or non-delivery of emails to participants. It is the responsibility of the participants to check that emails from the Promoter will not be automatically classed as "junk" or "spam" and sent to the participant's junk mail filter or otherwise filtered or deleted.

7.8 The Promoter cannot accept responsibility for any technical or other problems that mean participation is impossible or delayed, or that claims or entries are not accepted for any reason whatsoever.

7.9 The Promoter does not guarantee continuous, uninterrupted or secure access to the Site. Numerous factors outside of the control of the Promoter and/or promotional partners may interfere with the operation of the Site. To the extent permissible by law the Promoter and/or promotional partners exclude all implied warranties, conditions and other implied terms.

7.10 Prize Draws: Winners will be selected via a verifiable random computer process as defined by The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing.

7.11 Competitions: Winners will be selected by a panel of judges with at least one independent person. The panel will adhere to the judging criteria as laid out within the competition rules of entry.

7.12 Winner Notification: Members who win will be notified via their Member account automatically within 14 days of the closing time of the draw/competition with instructions on how to claim.

7.13 Winner Claim: Winners will have 28 days from the initial notification to their Member account to claim their prize via their Member account. If no claim is received within the allocated timeframe, the Promoter reserves the right to reallocate the prize to a reserve selected at the same time as the original winner with no liability. No responsibility can be taken for claims that are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be delivered for any technical, delivery or other reason. Proof of posting/sending will not be accepted as proof of receipt.

7.14 Delivery of Prizes: Prizes will be sent out to the delivery address as specified on the Member account within 28 calendar days of a valid claim. Any prizes returned to sender or undelivered due to inaccurate details will be considered unwanted and the prize will be lost. Cheques will be made payable to the Member as per the account and cannot be amended or transferred. Any other prizes that are offered have no cash alternative in whole or in part. Delivery of prizes will only be made to locations within the UK, Channel Islands and Isle of Man and as per the registered address on the Member account.

7.15 Winner Verification: The Promoter and administrator reserve the right to verify all entries and winners including but not limited to asking for address and identity details (which they must provide within 14 days) and to refuse to award a prize or reward or withdraw prize/reward entitlement and/or refuse further participation in the promotion and disqualify the Member where there are reasonable grounds to believe there has been a breach of these Terms or any instructions forming part of this promotions entry requirements or otherwise where a Member has gained unfair advantage in participating in the promotion or won using fraudulent means. The Promoter will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into in relation to this clause.

7.16 General: Winners will be required to take part in publicity with no recompense or consideration.

7.17 Winners' names and counties from the various promotions will be available by writing to the Promoter within 3 months of the published closing date; please enclose a SAE.

7.18 The Promoter reserves the right, in its absolute discretion, to remove a Member where it is felt that the Member is in breach of these Terms.

7.19 Prizes (excluded cash prizes) have no cash alternative in whole or in part.

7.20 When a Member requests to leave the League of Darkness, there will be no further communication between the Promoter and the Member. The Member's account will be closed within 30 days.

7.21 The Promoter does not guarantee continuous, uninterrupted or secure access to the Site. Numerous factors outside of the control of the Promoter and/or promotional partners may interfere with the operation of the Site. To the extent permissible by law the Promoter and/or promotional partners exclude all implied warranties, conditions and other implied terms.

8. E-commerce store

8.1 Published product details, specifications and information is the best available at the time. We shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any product or course. If you have ordered an item that has an unsuitable product description we will remedy this by providing you a full refund upon the return of the item unless it is expressly exempt from this obligation.

8.2 Any product purchased (excluding items purchased solely with credits) are eligible for exchange and refund unless expressly stipulated in item description. Any items returned must comply with our returns policy as follows: any item must be returned in the original packaging, unused and with tags (if applicable); items must be returned within 30 days of delivery date to be eligible. We withhold the right to reject any claims should they not comply with this policy.

8.3 The items made available through the 'Kraken Inkorporated Store' are official Kraken Rum and The League of Darkness merchandise available nowhere else within the United Kingdom for purchase.

8.4 Items are made available exclusively to The League of Darkness members through a combination of cash (GBP) and credits. Items are not available for cash-only purchase.

8.5 Items eligible for refund will be done so if compliant with our returns policy. A full cash refund will be credited back to your original payment method within 10 working days. Credits will also be refunded to your personal League of Darkness account.

8.6 Delivery is provided free of charge to any mainland UK postal address.

8.7 Items are fulfilled by either Attitude Clothing of UNIT 4, Vulcan Park, George Street, Lincoln LN2 4XG, United Kingdom or HMA Creative, Enterprise House, 5 Telford Close, Brunel Park, Aylesbury, HP19 8DZ or Corporate Innovations, Orchard House, Hopcraft Lane, Deddington, Oxfordshire, OX15 0TD. In order for a product to be fulfilled, Members must give us permission to share personal details with these partners.

8.8 Returns are mailed back to the specified postal address at the cost and risk of the Member. We would always encourage tracked delivery where possible.

8.9 Payment transactions are handled by Stripe. Please visit Stripe.com to view their terms and conditions.

8.10 Special offers or flash sales may be introduced and removed at short notice.

9. Incentive credits

9.1 The League of Darkness will reward any Member with the specified number of credits upon a valid claim made. Members must complete the specified tasks to the required level to claim the specified number of credits.

9.2 We reserve the right to reject any claims we feel do not meet the required specifications. Claims may be rejected because of any of: plagiarism, incomplete submissions, corrupt or damaged files, poor quality photographs or offensive, lewd or inappropriate content.

9.3 Tasks and claims directly linked to Social Media sharing can only be validated if the name or the email address of the member specified on the Member's League of Darkness account is the same as their given name or email address on social media.

9.4 Credits earned and accumulated are only valid for a maximum of 24 months. Once a credit is unused for this period of time, it will be deleted from the Member's account.

9.5 Credits cannot be exchanged for a monetary equivalent.

10. Partnerships and Member benefits

10.1 The League of Darkness will seek to provide partnerships with other brands and third parties on behalf of its members, offering You greater value from your membership. Personal data will not be shared with these partners. Only if a Member should choose to carry out a transaction with a partner (becoming a customer), will they be able to obtain this data.

10.2 We retain the right to remove any membership benefits at any time without prior notice to Members.

11. Disclaimer and Third Party Sites

11.1 We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have We taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give to any third-party, and You hereby irrevocably waive any claim against Us with respect to such sites and third-party content. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

11.2 The Site contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and We are not responsible for the content in any site linked to or from the Site. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

12. Guarantees and Liability

12.1 Some goods or services may differ slightly from their description or appearance on the Site. Please check the delivered product as soon as possible on receipt as We will not cover any subsequent loss or destruction.

12.2 To the fullest extent permitted by applicable laws, neither the promoter nor any of its directors, employees, affiliates or other representatives will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this site, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable). Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence.

12.3 Except as provided above, We give no other representations, warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law, subject to your statutory and common law rights which remain in full force and effect.

12.4 You agree to defend, indemnify and hold harmless The Promoter and its directors, officers, employees and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Site; any material You post, upload, e-mail or otherwise transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use, or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

13. Termination

These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to the Site may be terminated immediately without notice from Us if in Our sole discretion You fail to comply with any term or provision of these Terms or any relevant law, rule or regulation. Upon termination, You must cease use of the Site and destroy all materials obtained from it and all copies thereof, whether made under these Terms or otherwise.

14. General

14.1 If any provision of this Agreement is prohibited by law or judged by a court of competent jurisdiction to be unlawful, void or unenforceable the provision shall, to the extent required, be severed from these Terms and shall not in any way affect any other circumstances pertaining to these Terms or the validity or enforcement of these Terms.

14.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

14.3 Our Site and these terms and conditions are subject to the laws of England and the Courts of England and Wales have exclusive jurisdiction in respect of any disputes arising from or subject to this Agreement.

14.4 The Promoter encourages responsible drinking and would direct consumers to read http://www.drinkaware.co.uk/ for more information.

WEBSITE COOKIES

What are Cookies?

A cookie is a small text file stored via your browser onto your computer or mobile device. Each cookie is unique to your browser and can be used by a website to improve the user experience, such as your user preferences or the contents of your basket.

Some websites use cookies to allow adverts or marketing messages to be shown based on your location or your browsing habits.

Cookies stored by the website you are visiting ('first party cookies') can only be read by that website. Cookies may also be set by other websites that show content on the page you are viewing ('third-party cookies').

There are different types of cookie:

• Session cookies: These are temporary and only last for the duration of your browsing session. When you close your browser, these are deleted.
• Persistent cookies: These are saved on your computer for a fixed period (usually a year or longer) and are not deleted when closing your browser.
• Flash cookies: Adobe Flash Player uses its own cookies which are not manageable through your browser settings.

When visiting the Kraken Rum website, we may generate the following cookies:

• Strictly necessary cookies: These cookies are required to make the website work and without it would be difficult to view or navigate the site.
• Functionality cookies: These cookies allow the website to provide enhanced, more personal features, such as remembering a preference selection or enabling you to leave comments.
• Social networking and sharing tools: Our website is integrated with a number of popular social networking websites. These may set cookies to identify you when you are also logged in to their services.
• Analytics cookies: These cookies help us understand how visitors navigate to and through our website, how long they spend viewing our content and how often they return. We can then use this information to improve our website.
• Tracking cookies: These cookies show us where you have seen our content so that we can understand how effective our efforts to share this content have been.

Detailed cookie information

Essential

• kraken-locale: The locale of the kraken site

Analytics

• __utma: Google - To identify unique visitors for analytics purposes
• __utmb: Google - Used for determining visitor session
• __utmc: Google - Used for determining visitor session
• __utmz: Google - Used for determining visitor session

How can I control cookies?

The following links may be helpful to understand how you can change your browser settings to restrict the websites that can set cookies, or to stop your browser accepting cookies. The 'Help' option in your browser may also have further details.

• Cookie settings in Chrome
• Cookie settings in Firefox
• Cookie settings in Internet Explorer
• Cookie settings in Safari web
• Cookie settIngs in iOS

Useful links

The following links may be helpful to find out more about cookies and how they are used:

• All About Cookies
• The Information Commissioner's Office