Terms of Use
Terms & Conditions of Use (under legal
review)
Any use by you of the web site operated by Benovia Winery at
www.BenoviaWinery.com (the "Site") is conditional upon your
acceptance of these Terms & Conditions, including our Privacy
& Security Statement.
We reserve the right to amend these Terms & Conditions from
time to time without notice and at our discretion.
Review this page periodically for updates to these Terms &
Conditions, which shall come into effect once posted.
We reserve the right to change, modify, suspend or discontinue any
portion of the Site at any time. We may also impose limits on
certain features or restrict your access to parts or the entire
Site without notice or liability.
The Site is intended for use by you only if you are of legal age
to purchase alcohol in your country of residence and in the country
from which you are accessing the Site. If you do not fall within
this category, you may be in breach of laws or regulations
applicable in your country of residence or in your country of
access and you should exit the Site immediately.
All references to 'our', 'us', 'we' or 'company' within this
policy and within the opt-in notice are deemed to refer to Benovia
Winery, its subsidiaries, affiliates and associates.
1. Rights - all rights in all material and content (including, but
not limited to, text, images, web pages, sound, software
(including, code, interface and website structure) and video, and
the look and feel, design and compilation thereof) at the Site are
owned by us or our licensors. You are permitted to use this
material and/or content only as set out in these Terms &
Conditions or as authorized in writing by us or our licensors, and
that you may not otherwise copy, reproduce, transmit, publicly
perform, distribute, commercially exploit, adapt, translate,
modify, bundle, merge, share or make available to any person, or
create derivative works of such material or content.
2. Intellectual Property - We are the owner and/or authorized user
of all trademarks, service marks, design marks, patents,
copyrights, database rights and all other intellectual property
appearing on or contained within the Site, unless otherwise
indicated. Use of the Site does not grant you any right, title,
interest or license to any such intellectual property you may
access on the Site. Any use or reproduction of the intellectual
property is prohibited.
3. Copying - You may view the Site and you are welcome to print
hard copies of material on it solely for your lawful, personal,
non-commercial use. All other copying, whether in electronic, hard
copy or other format, is prohibited and may breach intellectual
property laws and other laws worldwide. Furthermore, you are not
entitled to reproduce, transmit, publicly perform, distribute,
adapt, translate, modify, bundle, merge, share or make available to
any person, or create derivative works of such material, or use it
for commercial purposes, without our prior written consent. All
other rights are reserved.
4. Terms of Use and Acceptable Usage Policy Relating To Public
Forums - The Site may contain interactive services, including, but
not limited to, discussion groups, news groups, bulletin boards,
chat rooms and blogs (collectively, "Public Forums"), which may
allow you to post, transmit or submit information, including, but
not limited to, writings, images, illustrations, audio recording
and video recordings. We may or may not actively monitor use of, or
content or materials posted on, our Public Forums. Similarly, we
may or may not exercise editorial control over the content of any
Public Forum. As a result, you may be exposed to content on our
Public Forums that is inaccurate, fraudulent or deceptive or that
you find offensive or objectionable. Your use of Public Forums is
at your own risk.
However, we reserve the right, but are not obliged, to monitor our
Public Forums and to remove or alter any content, which we
consider, in our sole discretion, constitutes a misuse of these
rules. We may restrict, suspend or terminate your use of these
services or the Site where we believe that there has been such a
misuse.
Due to the global nature of the Internet, users hereby agree to
comply with all local rules regarding on-line conduct and
acceptable content. Users also agree to comply with any applicable
rules regarding the export of any data from any country. Any
content, information or material posted to a Public Forum
("Postings" or "Comments") will be deemed not to be confidential or
secret. You understand that personal and other information (e.g.,
username, email address, phone number) that you post on or through
Public Forums is generally accessible to, and may be collected and
used by, others and may result in unsolicited messages or other
contact from others. You should not include any personally
identifiable information about yourself or any other person in any
Postings. We reserve the right, but not the obligation, to remove
any Postings that contain personally identifiable information. We
shall not be liable for the use or misuse of any information or
data, including personal information, that you post on our Public
Forums.
You represent and warrant that your Postings are original to you,
do not infringe on another party's intellectual property rights,
are not obscene, vulgar, offensive, malicious, discriminatory,
defamatory or otherwise unlawful, that no other party has any
rights thereto, and that any "moral rights" in your Postings have
been waived, and you grant us a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sub-licensable right and license to
use, copy, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such
Postings (in whole or part) and / or to incorporate them in other
works in any form, media, or technology now known or later
developed for editorial, commercial, non-commercial, promotional or
any other purpose.
We are not responsible for maintaining your Postings and we may
delete them at any time. CONTENT, INFORMATION AND MATERIALS POSTED
BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR
RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION
PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions
expressed in Public Forums are not necessarily ours. Any
statements, advice and opinions made by participants are those of
such participants only. We shall not be held responsible for any
statements, advice, opinions or other content or materials on
Public Forums. You release us from claims and demands of every kind
and nature, known and unknown, howsoever arising out of or in any
way connected with a dispute with another user of the Site.
5. Materials submitted by you - We do not solicit nor do we wish
to receive any confidential, secret or proprietary information or
other material from you through the Site, any of its services, by
email, or in any other way. Any information or material submitted
by you, and which has not been specifically requested by us, will
be deemed not to be confidential, secret or proprietary. You agree
that any information or materials submitted by you to the Site,
whether ideas, creative concepts or other materials, in any format,
including, but not limited to, writings, images, illustrations,
audio recordings, and video recordings, may be used, reproduced and
disclosed by us without restriction for whatever purpose we deem
fit and without payment of any sum or acknowledgement of you as
their source. You also warrant that any "moral rights" in posted
materials have been irrevocably waived by the appropriate authors.
WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU
AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE
EXTENT PERMITTED BY LAW.
6. Accounts and Security - We may enable you to establish an
account with a username and password to access and use the certain
areas of the Site, including the Benovia Winery online ordering
system and other services. You may not create an account unless you
are of legal age to purchase alcohol in your country of residence
and in the country in which you are accessing the Site. You shall
provide us with accurate account information. You are responsible
for maintaining the strict confidentiality of your account
password, and you are responsible for any activity under your
account and password. You agree to (a) immediately notify us of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end
of each session, and close your browser for additional protection.
It is your sole responsibility to control the dissemination and use
of your password, control access to and use of your account, and
notify us when you desire to cancel your account. We will not be
responsible or liable for any loss or damage arising from your
failure to comply with this provision.
7. NO WARRANTIES - THE SITE IS PROVIDED "AS IS," AND YOUR USE
THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. WE
DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE,
ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE
ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU
ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR
MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE
FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
8. THIRD PARTY GOODS AND SERVICES - WE DO NOT VOUCH FOR THOSE
PERSONS, COMPANIES AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES
MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
9. Your responsibility - You should always verify the information
set out in the Site with independent authorities before acting or
relying on it. It is your responsibility to use virus-checking
software on any material downloaded from the Site and to ensure the
compatibility of such software with your equipment.
In circumstances where you provide us with information relating to
any third parties, you warrant that you have received that third
party's consent in relation to such disclosure and that the third
party has been informed of, and agrees to, our Privacy Statement
and the uses that we may make of such information.
10. NO LIABILITY - TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM
ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT,
CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR
USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE
SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS,
COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF
WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE
(WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR
NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY
OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING
OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE,
$100.00 (US).
11. User Information - In the course of your use of the Site, you
may be asked to provide personal information to us (such
information referred to hereinafter as "User Information"). Our
information collection and use policies with respect to such User
Information are set forth in the Site Privacy Statement, which
Privacy Statement is incorporated into these Terms & Conditions
by reference. You acknowledge and agree that you are solely
responsible for the accuracy and content of the User
Information.
12. Links from and to the Site - You acknowledge and agree that we
have no responsibility for the information provided by websites to
which you may link from the Site ("Linked Sites"). Links to Linked
Sites do not constitute an endorsement by or association with us of
such sites or the content, products, advertising or other materials
presented on such sites. We have no control over these Linked Sites
and do not edit or monitor them. You acknowledge and agree that we
are not responsible or liable, directly or indirectly, for any
damage, loss or cost caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on such Linked Sites. No website may be linked
to the Site or its pages without our prior written consent.
13. Indemnity - You will indemnify us and our officers, directors,
agents, employees and representatives, against any loss, damage or
cost incurred by us arising out of your use of the Site, any of its
services or any information accessible over or through the Site,
including information obtained from Linked Sites, your submission
or transmission of information or material on or through the Site
or your violation of these Terms & Conditions or any other
laws, regulations and rules. You will also indemnify against any
claims that information or material that you have submitted to us
is in violation of any law or in breach of any third party rights
(including, but not limited to, claims in respect of defamation,
invasion of privacy, breach of confidence, infringement of
copyright or infringement of any other intellectual property
right). We reserve the right to exclusively defend and control any
claims arising from the above and any such indemnification matters
and that you will fully cooperate with us in any such
defenses.
14. Restriction, Suspension and Termination - We may restrict,
suspend or terminate your access to the Site and/or your ability to
use any of the services on the Site, including interactive
services, if we believe that you have breached these Terms &
Conditions at any time. Any such restriction, suspension or
termination will be without prejudice to any rights that we may
have against you in respect of your breach of these Terms &
Conditions. We may also remove the Site as a whole or any sections
or features of the Site at any time. Please note that we have the
ability to trace your IP address and if necessary contact your ISP
in the event of a suspected breach of these Terms &
Conditions.
15. Entire Agreement - These Terms & Conditions, including our
Privacy Statement, constitute the entire agreement between you and
us in relation to its subject matter and supersedes any and all
prior promises, representations, agreements, statements and
understandings whatsoever between us. To the extent that software
is available through the Site, such software may be subject to a
license agreement that is distributed or included with such
software and you agree to abide by the terms and conditions of any
such license agreements. The failure by us to exercise or enforce
any right or provision of the Terms & Conditions shall not
constitute a waiver of such right or provision. If any provision of
the Terms & Conditions is found by a court of competent
jurisdiction to be unenforceable or invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the
other provisions of the Terms & Conditions shall remain in full
force and effect. We may cede assign or otherwise transfer our
rights and obligations in terms of these standard terms and
conditions to third parties.
16. Export Controls - To the extent that software or technical
data is accessible through the Site, such software or technical
data may be subject to export, re-export and/or import controls
imposed by the United States or any other jurisdiction and may not
be downloaded or otherwise exported or re-exported in violation of
the laws of any applicable jurisdiction including, but not limited
to: (a) into (or to a national or resident of) any country to which
the U.S. has placed an embargo or which is subject to relevant
export restrictions; (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals list, or (c) in
violation of the U.S. Commerce Department's Table of Denial
Orders.
17. Law and Jurisdiction - These Terms & Conditions, including
the Privacy & Security Statement and any matter relating to the
Site, shall be governed by United States law without regard to its
conflict of law rules. Any legal proceeding arising out or relating
to these Terms and Conditions against or relating to us or any
indemnified party under these Terms and Conditions will be subject
to the exclusive jurisdiction of California and you irrevocably
consent to the jurisdiction of such courts.
© 2010 Benovia Winery, LLC