Copyright
Terroir Talking®, Listen… the wine is talking® and any derivations thereof are trademarked and registered with the USPTO (US Patent and Trademark Office). Additionally, all writings and interpretations found on this site are copyrighted may not be published on other blogs or websites without expressed permission.
Terms and Conditions
1. Rights ‐ all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
2. Intellectual Property ‐ We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
3. Copying ‐ You may view the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non‐commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
4. Terms of Use and Acceptable Usage Policy Relating To Public Forums ‐ The Site may contain interactive services, including, but not limited to, discussion groups, news groups, bulletin boards, chat rooms and blogs (collectively, “Public Forums”), which may allow you to post, transmit or submit information, including, but not limited to, writings, images, illustrations, audio recording and video recordings. We may or may not actively monitor use of, or content or materials posted on, our Public Forums. Similarly, we may or may not exercise editorial control over the content of any Public Forum. As a result, you may be exposed to content on our Public Forums that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of Public Forums is at your own risk.
However, we reserve the right, but are not obliged, to monitor our Public Forums and to remove or alter any content, which we consider, in our sole discretion, constitutes a misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of our Public Forums:
using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;
using the services to create, host or transmit (whether in a Public Forumor otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
using the services to harm, or attempt to harm, minors in any way;
using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property or proprietary rights of any other party; using the services to create, host or transmit unsolicited advertising material to other users;
using the services to create, host or transmit any material that harasses another;
using the services to make false, misleading, deceptive or fraudulent offers to sell or buy products, items or services or to send chain letters or pyramid schemes and the like;
adding, removing or modifying identifying network header information or copyright management information including author names, publication dates or clearance agency names in an effort to deceive or mislead;
using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;
using the services to collect, or attempt to collect, personal information about third parties without their
knowledge or consent or to engage in screen scraping, database scraping or any other activity with the
purpose of obtaining lists of users or other data;
using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking;
reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use.
encouraging, condoning or glamorising under‐age drinking, drunk‐driving or excessive consumption of alcoholic beverages
disclosing any personally identifiable information about yourself or any other party (e.g. telephone number, geographic address or any other information from which an individual’s identity or contact information can be derived)
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Public Forums that may result in the restriction, suspension or termination of your use of the Public Forums or of our Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on‐line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.
Any content, information or material posted to a Public Forum (“Postings”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty‐free, unrestricted, worldwide, perpetual, irrevocable, non‐exclusive and fully transferable, assignable and sub‐licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non‐commercial, promotional or any other purpose.
We are not responsible for maintaining your Postings and we may delete or destroy them at any time.
CONTENT, INFORMATION AND MATERIALS POSTED BY USERS TO PUBLIC
FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS.
The opinions expressed in Public Forums are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on Public Forums. You release us from claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
5. Materials submitted by you – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors.
WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.
This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
6. Accounts and Security – We may enable you to establish an account with a username and password to access and use the certain areas of the Site, Public Forums and other services. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
7. NO WARRANTIES – THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON‐INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR‐FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
8. THIRD PARTY GOODS AND SERVICES – WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
9. Your responsibility – You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus‐checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses that we may make of such information.
10. NO LIABILITY – TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
11. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
12. Links from and to the Site – You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.
13. Indemnity – You will indemnify us and our officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
14. Restriction, Suspension and Termination – We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
15. Entire Agreement – These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.
16. Copyright And IP Agent for the United States – We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately with the following information:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
17. Export Controls – To the extent that software or technical data is accessible through the Site,
such software or technical data may be subject to export, re‐export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re‐exported in violation of the laws of any applicable jurisdiction including, but not limited to: (A) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (B) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (C) in violation of the U.S. Commerce Department's Table of Denial Orders.
18. Law and Jurisdiction – These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by United States law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of California and you irrevocably consent to the jurisdiction of such courts.
Privacy
1. Introduction: We endeavor to protect your personal privacy. We provide this Privacy and Cookie Notice to help you to understand what we may do with any personal information that we obtain from you. By providing your personal information to us, you signify your acceptance of our Privacy and Cookie Notice and agree that we may collect, use, and disclose your personal information as described in this Privacy and Cookie Notice. If you do not agree to this Notice, please do not provide your personal details to us. This Privacy and Cookie Notice is incorporated into, and part of, the Terms and Conditions, that govern your use of the site in general. We will use your information only for the purposes set forth below. We may need to update this Privacy and Cookie Notice from time to time. We recommend that you check this page regularly to ensure that you have read the most recent version.
2. What is personal information?: Personal information is information about an identifiable individual, as defined by applicable law.
3. Collecting personal information: It is your choice to provide us with personal information. We will only collect personal information that you choose to provide. In certain instances, we may provide you with the option to select whether you would like to receive information from us or from trusted third parties (for example, by choosing to opt in or opt out of receiving special promotional offers). In some circumstances, you will not have the option to opt out, such as when we are satisfying the obligations of a contract with you, administering a transaction requested by you, or required by law. You may choose to provide us with personal information if, for example, you: contact us with an inquiry; register on the site; forward an item to a friend; purchase an item; fill out a survey or other form with your personal information included; ask us to provide you with information; enter a competition; post information to public areas of the site; or take advantage of a promotion. By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy and Cookie Notice.
4. Cookies: Like many other websites, we use "cookies" to help us gather and store information about visitors to our website. A cookie is a text‐only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
5. Use of personal information: We may use personal information collected from you to provide specific services that you request, as well as to provide additional services that may be of interest. For example, we may use your personal information in the following ways: Marketing Communications. We may use your personal information to communicate with you about our products and services, and those of our subsidiaries, affiliates, and parent companies, and any of their related businesses. Marketing analysis. We may use your personal information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites.Transactional purposes. We may use your personal information to respond to your queries and requests, maintain your accounts, and manage transactions such as credit card payments for any goods that you order from us or our agents, or for the fulfilment of such transactions (e.g., delivery). Forward to a friend. When you provide us with information regarding another individual, such as when you request that we send someone information from one of our websites, we will send that individual only the information you specifically requested that we send. We will not send them additional communications based on your providing us with their information. You must certify that your friend is of Legal Purchase Age in the jurisdiction where he/she is located in order for us to transmit the requested information.
6. Disclosure of personal information: We value your personal information and will only share it with third parties to whom you have provided your consent.
7. Public (or interactive) areas of our websites: Information that you post on or through the public areas of the site (e.g., chat rooms, bulletin boards, discussion groups, or Social Networking modules) generally is accessible to, and may be collected and used by, others, and may result in unsolicited messages or other contact from others. You should not provide personal information about yourself in public (or interactive) areas of the site. Such personal information is not covered under this Privacy and Cookie Notice.
8. Security: We take security seriously and take precautions to keep your personal information secure. We have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect. however, we have no control over the privacy of any communications while it is in transit to us. We therefore recommend that you not include confidential, proprietary, or sensitive information in any such communications. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If such a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. You are reminded that, in accordance with the Terms and Conditions for this website, which include this Privacy and Cookie Notice, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you wish to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this obligation.
9. Unsubscribe, access, questions and further information: At your request and where the law requires us to do so, if you contact us using the unsubscribe details provided below we will confirm what personal information we hold about you, update your information, remove your information, fulfil specific opt‐out requests (including requests where you previously opted in with respect to the use of your personal information), and/or correct any inaccuracies in such personal information. If you would like to unsubscribe from TerroirTalking.com please contact us at: unsubscribe@terroirtalking.com
10. Interfaces with third‐party websites: The site may contain links, references, and content from other websites outside of our control. Please be aware that we have limited or no control over these websites and our Privacy and Cookie Notice does not apply to these sites. We encourage you to read the Privacy and Cookie Notices and terms and conditions of any linked, referenced, or interfacing websites you enter.