Terms & Conditions
GALLO FAMILY VINEYARDS WEB SITE
Welcome to the Gallo Family Vineyards Web Site (the "Site"). This Site is intended to provide you with information about our wines, campaigns and sponsored events and with the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to “we” or “us” or “Gallo Family Vineyards” herein refer to Gallo Family Vineyards and our affiliates, subsidiaries, service providers and designees as deemed appropriate by us.
Compliance with Terms
You agree to use the Site only in accordance with the Terms. Please read and save all of the Terms. If you do not agree with the Terms or are not eligible to use the Site, do not use this Site or any of its features.
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Gallo Family Vineyards with respect to your use of the Site.
You are not permitted to view this Site unless you are lawfully permitted to consume alcoholic beverages, in countries and other territories where the consumption of alcoholic beverages is lawful. Please exit the Site immediately if you are not of a legal age for consuming alcoholic beverages in the country or other territory in which you are located, or are accessing our Site in a country or other territory where use of our Site is not permitted.
Use of the Site is void where prohibited. By using the Site and its features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and its features does not violate any applicable law or regulation.
If registration is available on the Site, then when you register you will be asked to choose a user name and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
Your Use of the Site
You have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for your own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, transmit, retransmit, disclose, publish, communicate, publicly perform, publicly display, produce, reproduce, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, adapt, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this Site.
Communications with this Site
The Site may allow you to contact us via email or upload content for display on the Site. Any communications you transmit to this Site, whether by email, uploading or any other form, will be treated by us as non-confidential and non-proprietary. If we allow posting of content on the Site, please choose carefully the information you post on the Site, provide to other users and/or otherwise make available to us and through the Site. You are prohibited from posting any content that is infringes upon or violates the proprietary, privacy, or other intellectual property rights of others; content that is unlawful, abusive, harassing, libelous, defamatory, obscene, sexually explicit, threatening or that encourages a violation of the law or under-age alcohol consumption. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Site or its features by any person, please click on the "Contact Us” link on the Site pages and follow the directions as to how to contact us.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our users or for any other purpose we determine in our sole discretion.
By posting content or information on the Site, or otherwise submitting content or information to us (collectively, “Content”), you hereby grant to Gallo Family Vineyards a irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site and in connection with advertising and promoting the Site (including, for example, through screen shots) and/or our products in any media formats and through any media channels now existing or developed in the future. From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above.
You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site may contain Content provided by Gallo Family Vineyards, including, without limitation, text, images and logos ("Gallo Family Vineyards Content"). Gallo Family Vineyards Content is protected by copyright, trademark, patent, trade secret and other laws, and Gallo Family Vineyards owns and retains all rights in the Gallo Family Vineyards Content and the features and functionality of the Site. Gallo Family Vineyards hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Gallo Family Vineyards Content (excluding any software code) solely for your personal use in connection with viewing the Site.
The Site may contain Content of other users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, produce, reproduce or sell, assign, lease, sublicense move or transfer any Content appearing on or through the Site.
Gallo Family Vineyards is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Gallo Family Vineyards Content or other user Content posted on or through the Site, whether caused by us, by users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Gallo Family Vineyards. When you access these third party sites, you do so at your own risk. Gallo Family Vineyards takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Gallo Family Vineyards is not responsible for the conduct, whether online or offline, of any user of the Site including, without limitation, any Content posted by any user. Gallo Family Vineyards assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Gallo Family Vineyards is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Gallo Family Vineyards be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Gallo Family Vineyards event, from any Content posted on or through the Site, or from the conduct of any users, whether online or offline. Additionally, Gallo Family Vineyards shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
Some states, countries, jurisdictions, provinces or other territories do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
THE GALLO FAMILY VINEYARDS SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY GALLO FAMILY VINEYARDS TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Our Service Providers
We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms “we” and “us” for purposes of the Terms.
You agree to indemnify and hold Gallo Family Vineyards, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or provide.
To the extent you are located in the United States, these Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Sacramento County for state court causes of action and in the Eastern District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Except as provided above, (i) the [English Courts] will have exclusive jurisdiction over any claims arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country and (ii) these Terms are governed by [English] law.
We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features. The Terms constitute the entire agreement between you and Gallo Family Vineyards regarding the use of Site and its services and features. The failure of Gallo Family Vineyards to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions, which will continue in full force and effect.
Gallo Family Vineyards WEB SITE TRADEMARKS
Gallo, Gallo Family Vineyards, the Gallo Family Vineyards logo, and the Ernest & Julio Gallo roosters are registered trademarks of E. & J. Gallo Winery.