Terms & Conditions of Use
LAST UPDATED: March 20, 2012
1. Access Authorization
Bonterra Vineyards maintains this Site for the personal use of individuals who are of legal age to consume alcoholic beverages pursuant to the laws of the country or territory where they reside. Please exit this Site immediately if you do not accept these terms and conditions of use, are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Site is not permitted. Bonterra Vineyards reserves the right to restrict or terminate your access to this Site or any feature thereof if you violate these terms and conditions of use, or if you use the Site in order to make or assist in making any criminal or unlawful statements or actions or announce or participate in any criminal or unlawful actions.
2. Use of Information/Materials
You may print or have printed by a third party any downloadable information or materials offered on this Site provided that all of the following five conditions are met:
You use the materials or information solely for private purposes and not for direct or indirect commercial purposes;
Your use of the materials is for lawful purposes;
No copyright or other notice regarding the rights or property of third parties is removed from the materials / information;
You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside.
The content of this Site, including without limitation any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Bonterra Vineyards or its subsidiaries or affiliates (“Bonterra Vineyards’s Proprietary Material”) unless otherwise stipulated in writing. Bonterra Vineyards’s Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from Bonterra Vineyards’s Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Bonterra Vineyards’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Bonterra Vineyards.
4. No License
Except for the limited license to download and print certain material / information from this Site for non-commercial and private purposes only, you have no right to use Bonterra Vineyards’s Proprietary Material. All rights with respect to Bonterra Vineyards’s Proprietary Material remain the exclusive property of Bonterra Vineyards.
5. Disclaimer of Warranties / Exclusion of Liability
A. Your use of this Site is at your own risk. THIS SITE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, BONTERRA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BONTERRA AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. BONTERRA HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND BONTERRA SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BONTERRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, BONTERRA DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
B. YOU AGREE THAT BONTERRA AND ITS SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF BONTERRA WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. BONTERRA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
C. You are aware that technical downtimes and malfunctions of this Site may occur and that this Site may be unavailable from time to time for technical reasons.
D. To the extent hyperlinks to other web sites exist on this Site, Bonterra Vineyards does not assume any liability as to their content and functioning reliability. Links to other web sites are merely provided by Bonterra Vineyards as a convenience.
You hereby agree to indemnify and hold Bonterra Vineyards and its subsidiaries and affiliates harmless from and against any claims for damages or other claims asserted against Bonterra Vineyards or its subsidiaries or affiliates, including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your use – in any form whatsoever – of this Site, from information you transmit to this Site, from your violation of any rights of third parties, or from your breach of these terms and conditions of use.
7. Communications with this Site
A. Do not transmit to or via this Site any pornographic, obscene, offensive, defamatory or otherwise unlawful content.
B. Any other communication you transmit to this Site, whether by e-mail, mail, uploading or in any other form, will be treated as non-confidential and non-proprietary. This communication can be deleted by Bonterra Vineyards at any time. By sending content/information (including without limitation photographs) to this Site, you grant Bonterra Vineyards a royalty-free and irrevocable and exclusive license, unlimited in time, territory and content, to use such content and information. The license to Bonterra Vineyards includes in particular:
i. the right of use in business activities on image and data carriers as well as in printed works of its own or of third parties;
ii. the right to use and exploit your communications in digital online and offline media (such as internet, CD-ROM, CDi, CDe, DVD);
iii. the right to use your communications in analogue and/or digital electronic databases, data networks and telephone services or similar multimedia services;
iv. the right, where necessary, to modify your communications;
v. the right to grant sublicenses to third parties.
vi. the right to use your name and area where you reside.
C. In addition, you declare that the persons shown on any materials sent in by you, have consented to the publication of their pictures in the specific context it was sent to Bonterra Vineyards and in context with alcohol beverages in the advertisement sector.
D. In the event of a failure to adhere to the guarantees mentioned in this Section, the user shall hold Bonterra Vineyards harmless from and against any claims asserted by third parties, including without limitation attorney’s fees, on first demand. This does not prevent Bonterra Vineyards from claiming any further-reaching damages suffered by it.
9. Further Terms and Conditions of Use
Other areas of this Site may contain further terms and conditions of use, which will govern your use of the Site together with the present terms and conditions of use.
10. Governing Law / Place of Jurisdiction
This Site is controlled and operated by Bonterra Vineyards from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of California. You and Bonterra Vineyards agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
11. Final Provisions
A. Bonterra Vineyards makes no claims that the content of this Site may be downloaded outside of the United States. If you access this Site from outside the United States, you do so at your own risk. In such case, you are responsible for compliance with the laws of the country or territory in which you are located in relation to such access. References to a particular product or service do not imply that Bonterra Vineyards intends to make such products or services available in all countries.
B. Should any provision of these terms and conditions of use be invalid or should there be a gap in these terms and conditions of use, this shall not affect the validity of the remaining provisions.
C. Bonterra Vineyards shall only be legally bound by written agreements. Any oral arrangements between the parties shall not be legally binding, unless confirmed by Bonterra Vineyards in writing.
D. Bonterra Vineyards reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or for particular registered users to this Site.
© 2016 Bonterra Vineyards, Hopland, CA. All Rights Reserved.