1. Your Acceptance
2. BestVines Website
B. The BestVines Website may contain links to third party websites that are not owned or controlled by BestVines. BestVines has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BestVines will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BestVines from any and all liability arising from your use of any third-party website.
3. General Use of the Website—Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without BestVines' prior written authorizsation.
B. You agree not to alter or modify any part of the Website.
C. You agree not to use the Website for any commercial use, without the prior written authorization of BestVines. Prohibited commercial uses include any of the following actions taken without BestVines' 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 BestVines website or any third-party website, targeted to the content of specific User Submissions or BestVines content;
- and any use of the Website or its related that BestVines finds, in its sole discretion, to use BestVines' resources or User Submissions with the effect of competing with or displacing the market for BestVines, BestVines content, or its User Submissions.
D. Prohibited commercial uses do not include:
- any use that BestVines expressly authorises in writing.
E. 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 BestVines 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, BestVines grants the operators of public search engines permission to use spiders to copy materials from the public 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.BestVines 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. BestVines reserves the right to discontinue any aspect of the BestVines Website at any time.
4. 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 BestVinesWebsite.
A. The content on the BestVines Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BestVines, 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. BestVines 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 BestVines Service
C. User Feedback is made available to you solely as intended through the normal functionality of the BestVines Service. User Feedback is 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 BestVines Service or otherwise as prohibited under this Agreement.
D. You may access BestVines Content, User Submissions and other content only as permitted under this Agreement. BestVines reserves all rights not expressly granted in and to the BestVines Content and the BestVines 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 BestVines Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BestVines Website or the Content therein.
G. You understand that when using the BestVines Website, you will be exposed to User Submissions from a variety of sources, and 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 BestVines with respect thereto, and agree to indemnify and hold BestVines, 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.
5. Your User Submissions and Conduct
A. As an BestVines account holder you may submit photo content and textual content identified as “public” , and collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, BestVines does not guarantee any confidentiality with respect to any User Submissions.
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 BestVines 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 applicable local, national, and international laws and regulations.
F. BestVines does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BestVines expressly disclaims any and all liability in connection with User Submissions. BestVines does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BestVines will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BestVines reserves the right to remove Content and User Submissions without prior notice.
6. Account Termination Policy
A. BestVines will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BestVines WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BestVines, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BestVines 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/ORFINANCIAL 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 OMISSIONSIN 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 BestVines WEBSITE. BestVines DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BestVines WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BestVines 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, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL BestVines, 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, RESULTINGFROM 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, WHICHMAY 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 BestVines WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF BestVines, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I)THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT BestVines 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 BestVines from its facilities in Australia. Those who access or use the BestVines Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Contacting BestVines