Terms & Conditions
The Vino Valencia websites and specifically the domain addresses at http://www.vino-valencia.com and http://es.vino-valencia.com (herein known as “Sites”) are legally owned and operated by …. Site Content (herein known as “Content”) includes but is not limited to information, communications, software, proprietary software, text, videos, graphics, music, sounds, and other material found on all of the pages of the Sites, including but not limited to business directories, event calendars, job postings, as well as any information posted by Site visitors to any area of the Sites.
These Terms & Conditions constitute the entire agreement between you and the Company and govern your use of the Sites and their Content, and your participation at Company events, superseding any prior agreements between you and the Company. Any violation of these Terms will not be tolerated and will warrant any and all legal consequences as stated in these Terms or provided by applicable law. By visiting or using the Sites, you understand and agree that the Sites and the services provided on or by them are provided “AS IS”, and that the Company does not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user-provided content, communications, or personalization settings. The Company’s Sites, product offerings, services, site design and functionality, and Terms may change without notice, and your continued use of the Sites automatically means that you accept those changes.
Consequently, please read these Terms carefully before accessing or using the Sites. If you do not wish to be bound by these Terms, you may not access or use the Sites. You agree to review these Terms periodically to be aware of modifications, and your continued access or use of the Sites shall be deemed your conclusive acceptance of the modified agreement. The Company is based in … and makes no claims that the Content when used, viewed or downloaded will not be in violation of applicable law in any jurisdiction. Access to any or all of the Content may not be legal by certain persons or in certain countries. When you use the Sites, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
By using the Sites or any Content within the Sites, you are agreeing that under no circumstances will the Company, or its affiliates, or any advertiser listed, be responsible for (1) any information contained on or omitted from the Sites, (2) any person’s reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the Sites. Further, the Company accepts no responsibility for (4) any person’s satisfaction with any Site advertiser, whether relating to the advertiser’s competence, diligence, or otherwise, or (5) the results of any advice given by or representation from any Company employee, partner, or other affiliates, or from any Site advertiser, author, or visitor. The Company assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the Content of the Sites.
Links and Banners
The Sites contain links to third-party websites. These links are provided solely as a convenience to you and does not imply any endorsement by the Company of the linked sites, their content or owners. Links include but are not limited to banner and text advertisements on the Sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the Terms & Conditions of use for such sites. Unless otherwise specifically stated, the Company does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Rights to Materials
Although the Company does not claim ownership of content that its users post, you agree that any Content which you post on the Sites is considered to be non-confidential, and you automatically grant — or warrant that the owner of such Content has expressly granted — the Company a royalty-free, paid-up, perpetual, irrevocable, world-wide nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. You understand that your uploads and transmissions may be intercepted and used, and that all the risks associated therewith is solely yours. You understand that the technical processing and transmission of the Content may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
By using the Sites, you acknowledge that, notwithstanding that the Company permits access to the Content, unauthorized use of the Sites/Content may violate copyright, trademark, and other laws. Modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, mirroring this site or in any other way exploiting any of the Content of this Sites, in whole or in part, without explicit written permission from the Company and the author(s) of the Content, is strictly prohibited. Further, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the Company and its Content authors. Violations of the Company’s intellectual property rights will be prosecuted to the fullest extent of applicable law.
Limited excerpts of the data may be reproduced for personal, non-commercial use and only under the explicit condition that each such copy contains a copyright notice as follows:
Copyright © Vino Valencia
For information obtained from the Company’s licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations or reference links, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
Use of the Sites may require you to register as a Member. In return for our enabling you to be a Member, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Sites/registration forms, and (b) maintain and promptly update your membership data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future use of the products and services provided (or any portion thereof).
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated, and that the Company does not assume any responsibility for the consequences of any Content you post in or that arises from your use of the Sites. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of the Content regardless of origination nor does it endorse any opinions, reviews, or other Content posted by users. This means that you, and not the Company, are solely responsible for your own Content and the consequences of posting that Content. ANY RELIANCE ON SITE CONTENT IS AT YOUR OWN RISK. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
By using the Sites, you agree that the following actions shall constitute a material breach of these Terms:
- Post Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;
- Post Content that is in any way related to child pornography;
- Harass, degrade, intimidate or post material that is hateful toward any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person or entity, including, but not limited to, a Company employee, volunteer, or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post Content that includes personal or identifying information about another person without that person’s explicit consent;
- Post Content that is deceptive, misleading, deceitful, or constitutes “bait and switch”;
- Violate any person’s intellectual property rights, rights of privacy, rights of publicity or other personal rights;
- Infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or post Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Post Content that constitutes or contains unauthorized advertising, promotional materials, links to commercial services or websites, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Advertise for sale weapons or explosives; controlled substances (including but not limited to) tobacco products, illegal drugs; stolen or counterfeit items; goods or services that do not in fact exist; items that violate or infringe upon the rights of others; any items you do not have the right to sell; any dangerous items;
- Disrupt, interfere with or damage (or threaten to disrupt, interfere with, or damage) the Company’s Sites, business activities, operations, reputation, goodwill, customers and/or customer relations, or the ability of the Company’s customers to effectively use the Sites;
- Disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Sites, or that otherwise negatively affects other users’ ability to use the Sites;
- Use misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Sites;
- Contact anyone who has asked not to be contacted;
- “Stalk” or otherwise harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Sites.
In addition, failure to cooperate with the Company in correcting or preventing violations of these Terms is in itself a violation of the said agreement.
You agree that the Company, in its sole discretion and without notice, may terminate your membership (or any part thereof) or use of the Sites, block your email and/or IP address, and delete any Content on the Sites, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated these Terms or acted inconsistently with the spirit of them. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Sites. Further, you agree not to attempt to access the Sites after said termination. The Company may also, in it sole discretion and at any time, discontinue providing its products and services, or any part thereof, without or without notice. You agree that any termination of your access to the Sites may be effected without notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Sites for these reasons.
Dealings with Advertisers and Organizations
Your correspondence or business dealings with, or participation in promotions of, advertisers and organizations found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or organization. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or organizations on the Sites.
Company Rights, Limitations, and Disclaimers
Company Rights & Obligations
The Company and its designees reserve the right (but not the obligation), at any time and at its sole discretion and without notice, to take the following actions:
- Modify Content or discontinue operations of the Sites or offline events (or any part thereof). The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of its Sites, products and services.
- Deny Site access to users for any reason.
- Monitor, edit, move, remove, record, or refuse any Content or listings that are published on the Sites, regardless of whether such Content violates these Terms.
- Monitor, edit, or disclose any type of information in its possession, including, without limitation, information about users, their Internet transmissions and their Site activities, if required in the course of normal operation and maintenance of the Sites, or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with the legal processes served; (b) protect and defend the rights, property, or personal safety of the Company, its Site users and the public; (c) respond to claims that any Content violates the rights of third parties, or (d) enforce these Terms. The Company has no obligation to notify any person, including the user about whom information is sought, that the Company has provided the information.
THE COMPANY HAS NO LIABILITY OR RESPONSIBILITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED ACTIVITIES. THROUGH YOUR USE OF THE SITES, YOU ARE AGREEING TO ALL OF THE AFOREMENTIONED TERMS CONTAINED HEREIN.
Limitations of Service
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the Sites, its Content, its use, the results of such use, links and linked sites. Without limiting the foregoing, the Company specifically disclaims any warranty (a) that the functionality will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, or (d) that the security methods employed will be sufficient, or (e) that the Sites or Content are correct, accurate, or reliable. You also acknowledge that the Company may establish limits concerning use of the Sites, including the maximum number of days that Content will be retained by the Sites, the maximum number and size of postings or other Content that may be transmitted or stored on the Sites, and the frequency with which you may access the Sites. You agree that the Company has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You also agree that you (and not the Company) assume the entire cost of all necessary servicing, repair or correction resulting from the above occurrences.
Limitations of Liability
Under no circumstances shall the Company, its employees, its licensors, its suppliers or any third parties mentioned in the Sites be liable for any damages whatsoever, including but not limited to any direct, indirect, special, incidental or consequential damages, lost profits, or damages resulting from the participation in Company events, or the use or inability to use the Sites or the Content whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company or a Company authorized representative has been advised of the possibility of such damages.
You agree to defend, indemnify and hold the Company, its officers, directors, employees, agents, contractors, subsidiaries, telecommunication providers, content providers, licensors, suppliers, and other third-party affiliates, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and/or accounting fees resulting from, or alleged to result from, your use of the Sites, Content, or your participation at Company events. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
You expressly agree that exclusive jurisdiction for any dispute with the Company and/or the Sites, or in any way relating to your use of the Sites, resides in the…., and you further agree and expressly consent to the exercise of personal jurisdiction in the …. in connection with any such dispute including any claim involving the Company, its officers, directors, employees, agents, contractors, subsidiaries, telecommunication providers, content providers, licensors, suppliers, and other third-party affiliates.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 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 the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Vino Valencia does not sell, exchange or otherwise distribute your personal information to third parties without your consent, unless required by law. When you voluntarily give us your information you know that it is only used for the purpose of sending you content you have requested: news on Vino Valencia events. These messages may be sponsored, but your information is never disclosed to any sponsor or advertiser. Vino Valencia may provide links to other web sites or resources. We do not control these sites and resources, do not endorse them and have no responsibility for their availability, content or delivery of products or services. Vino Valencia takes no responsibility on the use of any personal information you might include in your message.
All Vino Valencia have an entrance fee. This means that even if you do not want and/or cannot consume any and/or all of the included food and/or beverages, you still have to pay the entrance fee. Sometimes a venue can decide to substitute (part of) the included food and/or beverages, but this will always depend on and happen at discretion of the venue. There can be no rights derived from any decisions by venues and Vino Valencia can never be held responsible for any such decisions.
By attending a Vino Valencia event you consent to being the subject of photographs taken by or on behalf of Vino Valencia and its photographers, and further consent to the publication, copyright, sale, or any other use of such photographs, regardless of their form or any other lawful purpose whatscore. You further release Vino Valencia, together with its officers, employees, agents and assigns, from any and all claims for damages for libel, slander, invasion of privacy or any other claim based on the use of said photographs regardless of their form or content.
Trademark for Vino Valencia is currently being filed.
Thank you for your cooperation with these Terms & Conditions. We hope you find the Vino Valencia Sites helpful and convenient to use!