SCOPE AND APPLICABILITY.
USE OF THE SERVICES.
Presqu’ile grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non-commercial use in accordance with the terms and conditions of this Agreement. Except as otherwise provided herein, you may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of Presqu’ile, nor use the content or information made available through the Services for any unlawful purpose. You may not use or attempt to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; or access data not intended for your use.
HYPERLINKING ON OR TO PRESQU’ILE’S WEBSITE.
Presqu’ile may, directly or indirectly, provide hyperlinks (“links”) to or accept links from websites of third parties. Presqu’ile does not control or maintain the material presented by other persons in their websites. The inclusion of any link on Presqu’ile’s website does not imply an association or relationship between Presqu’ile and the linked site. Presqu’ile does not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites. If you use any of the links (including the link to Presqu’ile’s blog), you will leave Presqu’ile’s website.
You may not link other sites to the website without Presqu’ile’s prior authorization, which may be withheld, conditioned or delayed for any reason. You may not frame or alter the appearance of the Presqu’ile Website or reproduce or host Presqu’ile content on your website. Further, you may not state or imply that Presqu’ile endorses, sponsors or otherwise approves your site.
RESPONSIBILITY FOR CONTENT.
The Services available on Presqu’ile’s website provide information about its wine and other related topics and are provided for informational purposes only. Presqu’ile does not encourage overindulgence in wine and is opposed to the operation of vehicles while under the influence of alcohol. Presqu’ile encourages the use of a designated driver as a standard practice for all occasions. This website is intended for adults 21 years of age or older. Persons under the age of 21 are prohibited from using this website. Presqu’ile’s website and Services are directed only to persons over the age of 21, and we do not knowingly collect information from or provide information to minors.
Presqu’ile reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any content from the Website or the blog. If you submit any information to Presqu’ile’s website or its blog, you agree not to: (1) post or transmit anything that is defamatory, abusive, inflammatory, libelous, profane, unlawful, obscene, threatening, harassing, fraudulent, indecent, lewd, pornographic, invasive of privacy or publicity rights, or could encourage criminal or unethical behavior, or that is otherwise objectionable; (2) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (3) post or transmit a virus or any other harmful component; (4) post anything that you know is false, inaccurate, potentially harmful to any third party or otherwise in violation of the terms of service of the third party site where the blog appears; or (5) contact other users of Presqu’ile’s website through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Content appearing on Presqu’ile’s blog does not necessarily represent the opinions, belief or positions of Presqu’ile, its customers, employees, agents or any of its Information Providers. Neither Presqu’ile nor any of its Information Providers shall be liable for any claims, losses, costs or expenses you may incur associated with any blog posting. Further, all concepts, ideas, comments, illustrations and all other materials disclosed or offered to Presqu’ile on or in connection with its website or its blog are submitted without any restrictions or expectation of confidentiality. Presqu’ile shall have no financial or other obligations to you when you submit information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions.
INTELLECTUAL PROPERTY RIGHTS.
Unless otherwise noted, all materials, including but not limited to the Presqu’ile website, all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the website, are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Presqu’ile, the Information Providers, or is otherwise part of the public domain. Notwithstanding the foregoing, Presqu’ile does not claim ownership of any of the copyrights, trademarks or other intellectual property of the respective social media websites which may be accessed from the website. “Presqu’ile™” is a trademark of Presqu’ile Winery and may not be used for any commercial purpose without Presqu’ile’s prior authorization. Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other of Presqu’ile’s intellectual property to you. Violation of this policy may result in infringement of the intellectual property and contractual rights of Presqu’ile, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
DISCLAIMER OF WARRANTIES.
THE SERVICES AND THE INFORMATION PRESENTED ON PRESQU’ILE’S WEBSITE AND BLOG ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY PRESQU’ILE AND THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH THE WEBSITE CONTAINS A LINK TO A BLOG, PRESQU’ILE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY OPINIONS, ADVICE, REPRESENTATIONS OR INFORMATION POSTED ON THE BLOG OR OTHER SITES OTHER THAN THE WEBSITE. AS PROVIDED HEREIN, PRESQU’ILE RESERVES THE RIGHT (BUT SHALL NOT HAVE AN OBLIGATION) TO REMOVE POSTINGS THAT IT DEEMS INAPPROPRIATE OR OFFENSIVE; PROVIDED, HOWEVER, PRESQU’ILE BEARS NO RESPONSIBILITY FOR THE CONTENT ON THE BLOG, ANY THIRD PARTY’S RELIANCE ON THE website OR THE BLOG, OR THE IMPROPER USE OF THE website OR BLOG BY ANY THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION OF ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET WEBSITES, POSTING INFORMATION THAT CONTAINS VULGAR OR QUESTIONABLE LANGUAGE, THAT MAY BE ILLEGAL UNDER FEDERAL OR STATE LAWS, OR MAY BE ILLICIT, INDECENT OR PORNOGRAPHIC IN NATURE.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER PRESQU’ILE NOR ANY OF ITS INFORMATION PROVIDERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PRESQU’ILE NOR ANY OF ITS INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, “TROJAN HORSES,” “WORMS,” “TIME BOMBS,” OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEBSITE OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO PRESQU’ILE OR ITS INFORMATION PROVIDERS. IN NO EVENT SHALL PRESQU’ILE BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
LIMITATION OF CLAIMS.
Unless statute mandates a lesser period, any action on any claim against Presqu’ile and/or its Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.
Presqu’ile will, in appropriate circumstances, remove from its website and/or blog information that might infringe the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on its Website or on sites to which the Website link, you must provide Presqu’ile’s Copyright Agent with notice, including substantially the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Website and/or blog. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
(iii) Identification of the location on the Website and/or blog of the allegedly infringing material(s) reasonably sufficient to permit Presqu’ile to locate the material(s);
(iv) Information reasonably sufficient to permit Presqu’ile to contact you, including your physical address, telephone number, fax number and, if available, your direct email address:
(v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of copyright infringement should be mailed to Presqu’ile’s Copyright Agent at the following address:
Matt Murphy/Copyright Agent, Presqu’ile Winery, P.O. Box 1430, Santa Maria, CA 93456-1430.
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE website AND/OR BLOG. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.
ADDITIONAL DISCLOSURES AND INFORMATION.
Presqu’ile’s website (excluding linked sites) are controlled by Presqu’ile from its offices within the State of California, U.S.A. Use and access of our website is strictly intended for users in the United States. By accessing the website, you and Presqu’ile agree that all matters relating to your access to, or use of, the website shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles. You and Presqu’ile also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Barbara County and the United States District Court for the Central District of California with respect to such matters. Presqu’ile makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations. Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, you agree that Presqu’ile shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
For additional information about Presqu’ile or the Services, please contact us at email@example.com.
Effective Date: June 1, 2010