1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the VintnerResources.com domain name, the "Vintner Resources Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Vintner Resources's privacy notice, found at http://www.VintnerResources.com/t/privacy and incorporated here by reference. If you do not agree to any of these terms and/or the Vintner Resources privacy notice, please do not use the Vintner Resources Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.Vintner Resources.com/t/terms). Vintner Resources may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Vintner Resources Website
A. These Terms of Service apply to all users of the Vintner Resources Website, including users who are also contributors of content, information, and other materials or services on the Website.
B. The Vintner Resources Website may contain links to third party websites that are not owned or controlled by Vintner Resources. Vintner Resources has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Vintner Resources will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Vintner Resources from any and all liability arising from your use of any third-party website.
3. Vintner Resources Accounts
A. In order to access some features of the Website, you will have to create a Vintner Resources account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vintner Resources immediately of any breach of security or unauthorized use of your account.
B. Although Vintner Resources will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vintner Resources or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Vintner Resources hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Vintner Resources's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or Vintner Resources Content through any technology or means other than the Website itself or other explicitly authorized means Vintner Resources may designate.
D. You agree not to use the Website for any commercial use without the prior written authorization of Vintner Resources. Prohibited commercial uses include any of the following actions taken without Vintner Resources's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Vintner Resources website or any third-party website, targeted to the content of specific User Submissions or Vintner Resources content;
- and any use of the Website or its related services that Vintner Resources finds, in its sole discretion, to use Vintner Resources's resources or User Submissions with the effect of competing with or displacing the market forVintner Resources, Vintner Resources content, or its User Submissions.
E. Prohibited commercial uses do not include:
- uploading original content to Vintner Resources to promote your business or artistic enterprise;
- using the supplied RSS feeds to show Vintner Resources content on an ad-enabled blog or website, provided the rimary purpose of using the RSS feed is not to gain advertising revenue or compete with Vintner Resources;
- any use that Vintner Resources expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Vintner Resources servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Vintner Resources grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Vintner Resources reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
H. Vintner Resources reserves the right to discontinue any aspect of the Vintner Resources Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Vintner Resources Website.
A. The content on the Vintner Resources Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Vintner Resources, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vintner Resources reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the Vintner Resources Service;
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Vintner Resources Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Vintner Resources Service or otherwise as prohibited under this Agreement.
D. You may access Vintner Resources Content, User Submissions and other content only as permitted under this Agreement. Vintner Resources reserves all rights not expressly granted in and to the Vintner Resources Content and the Vintner Resources Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Vintner Resources Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vintner Resources Website or the Content therein.
G. You understand that when using the Vintner Resources Website, you will be exposed to User Submissions from a variety of sources, and that Vintner Resources is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vintner Resources with respect thereto, and agree to indemnify and hold Vintner Resources, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Vintner Resources account holder you may submit content ("User Submissions.") You understand that whether or not such User Submissions are published, Vintner Resources does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vintner Resources to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Vintner Resources, you hereby grant Vintner Resources a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Vintner Resources Website and Vintner Resources's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Vintner Resources Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Vintner Resources Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Vintner Resources Service. You understand and agree, however, that Vintner Resources may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vintner Resources all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Vintner Resources Community Guidelines, found at http://www.VintnerResources.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Vintner Resources does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Vintner Resources expressly disclaims any and all liability in connection with User Submissions. Vintner Resources does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Vintner Resources will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Vintner Resources reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. Vintner Resources will terminate a User's access to its Website if they are determined to be a repeat infringer.
B. Vintner Resources reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Vintner Resources may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Vintner Resources WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Vintner Resources, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Vintner Resources MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Vintner Resources WEBSITE. Vintner Resources DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Vintner Resources WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Vintner Resources WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL Vintner Resources, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Vintner Resources WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Vintner Resources SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Vintner Resources from its facilities in the United States of America. Vintner Resources makes no representations that the Vintner Resources Website is appropriate or available for use in other locations. Those who access or use the Vintner Resources Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Vintner Resources, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Vintner Resources Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Vintner Resources Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Vintner Resources Website is not intended for children. If you are under 21 years of age, then please do not use the Vintner Resources Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vintner Resources without restriction.
You agree that: (i) the Vintner Resources Website shall be deemed solely based in Washington; and (ii) the Vintner Resources Website shall be deemed a passive website that does not give rise to personal jurisdiction over Vintner Resources, either specific or general, in jurisdictions other than Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Vintner Resources that arises in whole or in part from the Vintner Resources Website shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service, together with the Privacy Notice at http://www.Vintner Resources.com/t/privacy and any other legal notices published by Vintner Resources on the Website, shall constitute the entire agreement between you and Vintner Resources concerning the Vintner Resources Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Vintner Resources's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Vintner Resources reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Vintner Resources Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Vintner Resources AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Vintner Resources WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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