Welcome to the Cellar8wine web site (the “Web Site”). Please review the following basic terms (the “Terms”) that govern your access to the Web Site and any use of the images and other materials available on this Web Site. Please note that your use of and access to our Web Site constitutes your agreement to comply with and be bound by the Terms. These Terms may be updated and changed by us from time to time, in our sole discretion. Your continued use of this Web Site following any changes to these Terms will be deemed to constitute your acceptance of such change.
USE OF MATERIAL
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Web Site are proprietary to Cellar8wine and its affiliates. You may browse the Web Site and may download material displayed on the Web Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other web site, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Web Site, or the making of any derivative works from this Web Site, is prohibited except as follows: If you are a Wholesaler, or media representative, Cellar8wine authorizes you to download the contents of this Web Site, such as images, graphics and text material (“Material”), solely for the promotion of Cellar8wine and Cellar8wine products. Cellar8wine hereby grants to such Professional User a nonexclusive, nontransferable, limited license to reproduce, digitize, and distribute the Material without destroying the visual integrity or otherwise compromising the images which comprise the Material, and solely for such promotional purposes. By making use of the Material pursuant to these Terms, you represent and warrant that any such use shall comply with all federal, state and local laws, including without limitation all alcoholic beverage statutes, ordinances, administrative orders, rules and regulations.
The rights granted herein shall not confer on you any rights of ownership in or to the Material, including, without limitation, any copyright or other intellectual property rights thereto, which shall be and remain the exclusive property of Cellar8wine. Cellar8wine reserves the right to terminate all licensed rights granted herein at its exclusive discretion on written notice at any time and you agree to immediately cease use of any Material immediately upon receipt of such notice.
The Material is protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark or other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any commercial or personal purpose, except as expressly set forth herein. By way of example only, you may not use images or other Material from the Web Site to promote other wineries or in articles about the wine industry generally that do not reference Cellar8wine.
The Material may contain inaccuracies or typographical errors. Cellar8wine makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Web Site or the Material. Any use of the Web Site or the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time without notice to you.
Cellar8wine DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Cellar8wine SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Cellar8wine, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Cellar8wine MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE Cellar8wine WEB SITE IS OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE RESULTING FROM ANY TRANSACTION WHEREBY MATERIAL IS DOWNLOADED INTO YOUR COMPUTER OR SERVER THAT MAY ADVERSELY AFFECT ITS PERFORMANCE SUCH AS CRASHING YOUR COMPUTER OR NETWORK.
DISCLAIMER OF DAMAGES
YOU AGREE THAT NEITHER Cellar8wine NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE MATERIAL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE MATERIAL, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Cellar8wine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT Cellar8wine SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. YOU AGREE THAT Cellar8wine SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless Cellar8wine and Bronco Wine Company, its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Material (including software) or from any breach by you of the Terms of this Agreement, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Cellar8wine shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Cellar8wine may modify or discontinue the Web Site, or may modify or terminate your access to this Web Site, for any reason, with or without notice to you and without liability to you or any third party.
Cellar8wine has not reviewed all material linked to the Web Site and is not responsible for the content of any such material. Your linking to any other web sites from this Web Site is at your own risk.
This Web Site is based in California in the United States. Cellar8wine makes no claim that the Material is appropriate or may be downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.