Hospitality de Los Carneros (HdLC) Website Privacy Policy |
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PLEASE READ. USE OF THIS SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE AND the HdLC PRIVACY POLICY. PRIVACY POLICY Hospitality de Los Carneros (“HdLC”) is a California non-profit organization and is the owner of the Site. This privacy policy (“Privacy Policy”) applies to information that you provide to HdLC, and/or by use of other services (collectively, the “Services”) that may be provided by other means or media, including as set forth below and as defined in the applicable Terms of Service, and additional terms. The Privacy Policy provides notice regarding our information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of this Site or any HdLC online services constitutes your acceptance of the Privacy Policy and other applicable terms. Please note The Terms of Service for this Site are hereby incorporated by reference. Personally Identifiable Information That We Collect E-mail Newsletter Subscriptions Direct Mailing Lists Special Promotions Ticketed Events Personally Identifiable Information , these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.). If you enter a promotion (such as a sweepstakes) in which HdLC is participating on a third party’s Web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize). Information Collected by Other Means or Media Information about Other People Customer Service Use, Disclosure, and Sharing of Information From time to time, HdLC may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of the HdLC Site. Personally Identifiable Information Third Party Use for Marketing Materials Opt-Out HdLC works with third parties to provide portions of the HdLC Site and Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). These companies will handle your personally identifiable information in accordance with their company’s privacy policy. HdLC may also work with third parties to provide some Services on our sites. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on HdLC Site are prohibited from using our customers’ personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of HdLC Services) by a third party who participates in a Service on our Site, do not opt in to such use by that third party when you register to participate in the Service. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. HdLC will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: 1) we have been givenyour consent to disclose; 2) we have previously informed you of the disclosure, including by means of our Privacy Policy or on the Web site, or through the Service where you provided your information; 3) we are required by law, legal process, or court order to disclose; 4) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, HdLC’s rights or property, other HdLC Web site users, or anyone else; or 5) to respond to an inquiry, request or complaint that you have made. HdLC may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our Terms of Service, or to protect our sites, customers, or others. Our Commitment to Data Security Whenever you give HdLC personal or confidential information (for example, credit card numbers for Purchases), HdLC will take commercially reasonable steps to protect the nformation by establishing a secure connection with your Web browser. Unless otherwise specified herein or on the site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. Hyperlinks To and From Other Sites Consent to Processing in the United States Contact Us Regarding Privacy Hospitality de Los Carneros Notification of Changes Policy” link on the home page of our sites with a link entitled “Updated Privacy Policy” for no less than 30 days. All changes to the Privacy Policy and/or Terms of Service will be effective when posted, and your continued use of the HdLC site or any Services after the posting will constitute acceptance of, and agreement to be bound by, those changes. Effective Date: February 28, 2006 TERMS OF SERVICE 1. Acceptance of TOS. By access and use of the Site, you agree to comply with and be bound by the following Terms of Service (“TOS”), the Privacy Policy, as well as any posted guidelines or rules which may be posted from time to time (collectively, the “Rules”). You agree to review the TOS, Privacy Policy, and Rules periodically to become aware of any changes. Any changes to the TOS, Privacy Policy and/or Rules will be effective when posted, and any use of the Site after such changes will be considered acceptance of those changes and will constitute your agreement to be bound thereby. 2. Description of Services. The Site provides informational services regarding the Carneros Wine Region , the Carneros viticulture area, Carneros Wineries, the quality and uniqueness of wines produced in the region, as well as histories, traditions, maps, wine innovations, as well places of interest and special events. The Services also include advertisements, mailings and other communications regarding local events or topics of interest (the “Services”). All Services are provided subject to the TOS, the Privacy Policy, and any other Rules that may be published from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall also be subject to the TOS. You understand and agree that the Services are provided “AS-IS.” 3. Privacy Policy. Registration Data and certain other information about you is subject to our Privacy Policy. 4. License. HdLC grants you and others a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS, and may constitute a copyright violation. 5. User Conduct. You understand that all information, data, text, software, photographs, graphics, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Under no circumstances will HdLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in 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 Services. You agree not to use the Services to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a HdLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. “stalk” or otherwise harass another; or m. collect or store personal data about other users. 6. Submissions. All questions, remarks, suggestions, ideas, graphics, requests or other information submitted on the Site, will become the sole property of HdLC. HdLC shall have no obligation to treat any submission as confidentially and will not be liable for any ideas for its business, including, but not limited to product, marketing or advertising ideas. HdLC and its designees will be entitled to use any such Submissions for any lawful purpose, including for commercial gain, without any entitlement to compensation. 7. Changes to Site or TOS; Termination. You acknowledge and agree that HdLC reserves the right and in its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the TOS, and/or the Privacy Policy, in whole or in part for any reason and at any time. You further acknowledge and agree that HdLC may, in its sole discretion for any reason and at any time, limit or restrict any user access to the Site and/or Services, or discontinue providing the Service, or any part thereof, with or without notice. 8. Links to other Web Sites. The Site contains links to other websites. HdLC is not responsible for the content, accuracy or opinions express for these websites, nor are the websites investigated, monitored or checked for accuracy or completeness by us. We recommend that you carefully review the privacy of each website you visit. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 9. International Admonitions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Notice to Non-United States Residents HdLC makes no representation that the Site Content, including merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America . Those who choose to access the Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to any shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier. 10. Proprietary Rights. The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to HDLC, and are either owned by HDLC, its licensors and/or content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by HDLC, you shall not copy, capture, and reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an “Unauthorized Use”). Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of HDLC and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties. 11. Change in Ownership. You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable HDLC database, to the extent HDLC assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of the HDLC assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the TOS and Privacy Policy of the Site’s subsequent owner or operator. 12. Indemnity. You agree to indemnify and hold HDLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Services, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 13. Jurisdiction. The Site is controlled by HDLC, which has its main offices located in the State of California , in United States of America . Use of the Site constitutes your consent and submission to service of process under applicable United States or California law and to personal jurisdiction in a court of competent jurisdiction in the State of California for the purposes any legal action or claim pertaining to these TOS, the Privacy Policy, Rules and/or Services. 14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HDLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. HDLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HDLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. 15. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HDLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HDLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 16. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. 17. Notice. Notices to you may be made via either email or regular mail, as otherwise provided in the TOS, Privacy Policy, Rules, or other matters by displaying notices or links to notices to you generally on the Service. 18. General Information. The TOS constitutes the entire agreement between you and HDLC, governs your use of the Services, and supercedes any prior agreements between you and HDLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of HDLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and shall be deemed severable from the TOS, and shall not affect the force, validity or effect of any other provision in the TOS. All section titles are for convenience only and have no legal or contractual effect. Effective Date: February 28, 2006 |
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