terms and conditions of use
1. Acceptance Of This Agreement
2. Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
3. Advice The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4. Changes to Website, Software, and Services Etica Wines reserves the right to;
1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Etica Wines shall not be liable to you for any such change or removal.
2. change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Etica Wines shall not be liable for any such change or removal.
3. change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that Etica Wines shall not be liable for any such change or removal.
4. change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5. Links to Third Party Website's The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6. Copyright The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Etica Wines' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).'Etica Wines' and the Etica Wines Logo are trade marks which belong to 'Etica Wines' and they may not be used, copied or reproduced in any way without written consent from 'Etica Wines'.For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
7. Limitation Of Liability The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.To the extent permitted by law, Etica Wines will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.Etica Wines makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Etica Wines for death or personal injury as a result of the negligence of Etica Wines or that of its employees or agents.
8. Indemnity You agree to indemnify and hold Etica Wines and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Etica Wines arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9. Severability In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
10. Applicable Law and Dispute This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the United States whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the United States.
11. Headings Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
12. Entire Agreement These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
_________________________________________________________________________________________________________________
Advertising Terms and Conditions of Use
1. ADVERTISING. The advertiser shall purchase the online advertising package at the rate listed and for the duration specified in the insertion order.
2. POSITIONING. Except as otherwise expressly provided in the contract, positioning of advertisements on eticawines.com is at the sole discretion of the
Company. Advertiser acknowledges that Company has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except
where expressly stated in the attached insertion order. Company provides Advertiser with estimated usage only as a courtesy to the Advertiser and shall not be held
liable for any claims relating to said usage statistics. Any information collected by the Company, or its site vendors, relating to users or Advertiser’s site (including
and without limitation any personally identifiable transactional data, secure data, or demographic information relating to users of the site), shall be property of the
Company, and Advertiser shall not obtain any rights in such information by virtue of this agreement.
3. ACCEPTANCE OF ADVERTISEMENTS. The Company may, at its sole discretion, reject any advertisements.
4. CANCELLATION. Campaigns cancelled more than fourteen (14) days before the scheduled start date of a campaign are subject to a 10% cancellation fee.
Campaigns cancelled less than fourteen days before the scheduled start date of the campaign are subject to a 25% cancellation fee. There are no cancellations once
a campaign begins. A campaign can be postponed or suspended by an Advertiser for a maximum of thirty (30) days. After thirty days, advertiser is still liable for full
amount of the contract. If campaign is postponed or suspended, Company can not guarantee an exact duplication of the campaign; due to a potentially limited
inventory.
5. INDEMNIFICATION. The Advertiser agrees to defend, hold harmless and will indemnify the Company from all damages, costs, and expenses, of any nature
whatsoever, including but not limited to reasonable attorneys’ fees, for which the Company may become liable by reason of its publication of the Advertiser’s online
advertising.
6. COPYRIGHT. All advertising, which represents the creative effort of the Company and/or the utilization of creativity, illustrations, labor, composition, or material
furnished by it, is and remains the property of the Company, including all rights of copyright therein. Advertiser understands and agrees that it cannot authorize
reproductions, in whole or in part, of any such advertising.
7. TAXES. Prices do not include tax. In the event that any federal, state, or local taxes are imposed on the creation of the online advertising or on the sale of online
advertising, such taxes shall be assumed and paid by Advertiser.
8. PAYMENT. The Advertiser shall make payment at the start of the campaign. Once the campaign has been selected The Advertiser will be prompted to pay immediately. In the event that the account becomes past due, in addition to such other remedies as it may have, Company shall be relieved of its obligation to perform the advertising services under this Contract and the full of the contract shall immediately become due and payable by Advertiser. The Advertiser must also reimburse company for all expenses incurred in connection within the collection of amounts payable, including court costs and attorneys fees.
9. REJECTION OF ADVERTISEMENT. Company reserves the right to not run any advertisement that is received and that is not in accordance with company’s
policies. In addition, Company reserves the right to reject or cancel any advertisement, order or reservation at any time and to reject any URL link embodied within
any advertisement.
10. LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify Company from all claims,
losses, judgments, and damages arising there from. Liability for typographical errors, wrong insertions, late publications, and/or non-publication, non-performance
due to Acts of God, as well as all other matters Advertise might raise relevant to this contract, is limited to the amount charged to the Advertiser by Company for the
applicable advertisement. Claims for an allowance for such matters must be made within seven (7) days of the matters first occurrence. LIMITATION OF LIABILITY.
Company’s liability is limited in all cases to the return of the charges made for the applicable advertising. THIS LIMITATION OF LIABILITY IS A CONDITION FOR
THE ACCEPTANCE OF ANY ADVERTISING BY THE COMPANY. IN NO EVENT SHALL THE AUSTIN AMERICAN STATESMAN BE LIABLE TO ADVERTISER
OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR UNREALIZED BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR THE PUBLICATION OF OR FAILURE TO PUBLISH ANY ADVERTISEMENT, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADVERTISER FURTHER AGREES THAT THE COMPANY’S PROVIDER OF AD MANAGEMENT SERVICES, WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES THAT MAY ARISE FROM ADVERTISER’S USE OF AD BANNER MANAGEMENT SERVICES ON ETICAWINES.COM AND THAT NEITHER THE COMPANY NOR THE AD BANNER MANAGEMENT SERVICES WILL BE LIABLE TO ADVERTISER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
11. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from delays caused by Acts
of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state, or local governments, or other causes beyond its reasonable control.
12. ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.
13. It is expressly agreed that neither Advertiser, nor Etica Wines, LLC, nor their respective agents and representatives, shall disclose in any manner the terms and conditions of this Agreement to anyone not a party to it.
14. This Agreement is governed by the laws of the State of COLORADO
15. By advertising on eticawines.com, You, The Advertoiser are agreeing to the terms and conditions set forth by Etica Wines, LLC and hereby grant on behalf of the Advertiser its express permission and consent to receive advertising offers and other information via direct mail, telephone, email, and facsimile transmission from Etica Wines, LLC or any other business operated by the Company. I agree that such information may be transmitted to the mailing and email address(es), telephone number(s) and facsimile number(s) listed on the front of this agreement or to any other contact addresses and numbers used by the Advertiser.
16. The advertiser has read and agrees to the Terms and Conditions by signing up for advertising.
17. This agreement is fully executed upon the purchase of online advertising.