Terms and conditions of use
1. Minimum Age Requirement.
3. Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, or by facsimile. It is further understood that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4. Copyright, Trademarks, and Licenses
(c) Intellectual Property Licenses
6. Users’ Submissions
We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, your posting files or other content to the Site, by electronic mail, or otherwise (to “post” means to post, submit, or transmit to, through, or in connection with the Site) including, but not limited to, any data, resumes, e-mail, flash movies, images, logos, audio loops, other software, questions or answers, comments, suggestions, or similar works of authorship (separately and collectively: “Submissions”) will be treated as non-confidential and non-proprietary by the Company. By posting any Submissions to the Site, you automatically grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to use, reproduce, modify, publish, edit, translate, distribute, retransmit, broadcast, publicly perform, and publicly display any such Submissions, and to create derivative works thereof. Any Submissions you post to the Site may be used by the Company and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information. Additionally, you hereby grant the Company the right to utilize your name in connection with all advertising, marketing, and promotional materials related to your Submissions.
(a) Assumption of Risk
You alone are responsible for Submissions you post. You assume all risks associated with said Submissions, including (i) anyone’s reliance on its quality, accuracy, reliability, or intellectual property status, and (ii) any disclosure in said Submissions of information that makes you personally identifiable. The Company makes no representation or warranty as to the quality, accuracy, reliability, or intellectual property status of any Submissions. Under no circumstances will we be responsible for any loss or damage arising from Submissions. Posting any Submissions in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited.
(b) Restrictions on Submissions
(c) DMCA Repeat Infringer Policy
7. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringed material is located on the Site;
- A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your address, telephone number, and email address so that we can contact you;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
Our designated Copyright Agent to receive Notice of claimed infringement is:
St. Helena Chamber of Commerce
Attn: Copyright Agent
657 Main St, St Helena, CA 94574
Please note: This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s user services at firstname.lastname@example.org.
8. Disclaimer of Warranties
The Site, all products and/or services offered for sale on the Site, and all related information are provided by the Company on an “AS IS” and “AS AVAILABLE” basis and with all faults. The Company makes no express, implied, or statutory warranties, representations, or endorsements of any kind as to the products and/or services offered on the Site, the operation of the Site, or the information, content, or materials included on the Site. You expressly agree that your use of the Site is at your sole risk. To the fullest extent permissible by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, authenticity, or any warranty that operation of the Site will be uninterrupted, always available, or error-free, or will meet your requirements or that any defects in the Site will be corrected.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
9. Third Party Links
Links to other websites operated by third parties not affiliated to the Company may be indicated on the Site. The inclusion of any link to such third party sites does not imply endorsement by the Company of those websites. The Company has not reviewed all of the sites linked to the Site. You access linked sites at your own risk. Linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site.
11. Limitation of Liability
Under no circumstances shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, arising out of or in any way related to the Site, or any other website or app you access through a link from the Site, or from any actions the Company takes or fails to take as a result of communications you send to the Company, or from the delay or inability to use the Site, or from any information, products, or services advertised in or obtained through the Site, from the Company’s removal or deletion of any materials submitted or posted on the Site, or otherwise arising out of use of the Site, including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, even if the Company has been advised of the possibility of such damages.
Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. Applicable Law
13. Disputes; Arbitration
15. General Provisions
Any rights not expressly granted herein are reserved by the Company.