Terms of Use
This website (this "Site") is operated by Scheid Vineyards Inc. Your use of and access to the Site is conditional upon your acceptance of these Terms of Use, including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.
When accessing and using this Site, you agree to the terms of use that follow. If you do not agree to or cannot abide by these terms of use, you should immediately cease use of this Site. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Permitted Users
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in the country from which you are accessing this Site.
Rights to Contents and Intellectual Property
Except as otherwise provided, the copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Scheid Vineyards. Except as permitted by these Terms of Use, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Scheid Vineyards’ express prior written consent.
Use of this Site
Scheid Vineyards maintains this Site for your personal entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Scheid Vineyards’ express prior written consent. All rights not expressly granted here are reserved to Scheid Vineyards.
User Submissions
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Scheid Vineyards a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Scheid Vineyards the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this Site will be handled in accordance with the site’s online Privacy Policy, which may be updated periodically. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scheid Vineyards for all claims resulting from content you supply.
No Warranties
SCHEID VINEYARDS DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Scheid Vineyards also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability
In no event shall Scheid Vineyards be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain 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 may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Scheid Vineyards harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application"), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Scheid Vineyards will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Scheid Vineyards cannot prevent the "harvesting" of information from this Site, and you may be contacted by Scheid Vineyards or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of Scheid Vineyards, may or may not be posted to this Site at the sole discretion of Scheid Vineyards and may be used by Scheid Vineyards for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Scheid Vineyards is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Scheid Vineyards without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Scheid Vineyards may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Scheid Vineyards is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Scheid Vineyards assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Termination
At its sole discretion, Scheid Vineyards may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Scheid Vineyards do not imply endorsement of that product, publication or site. Scheid Vineyards has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Linking Policy
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Scheid Vineyards. Each linked to website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Scheid Vineyards does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Scheid Vineyards does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.
Jurisdiction
Scheid Vineyards is headquartered in Salinas, CA in the United States of America, and this site is operated in the United States. The laws of the State of California govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of California for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Effective Date: June 2013
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