ACCEPTANCE PROCEDURE; ADDITIONAL TERMS AND CONDITIONS
THE RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, or discriminatory;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- transmit, distribute, or upload content materials or programs that contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- forge any TCP/IP packet header or part of the header information in any e-mail or posting for any reason;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights, or other intellectual property or proprietary rights of any third party;
- violate the privacy of individuals, including other users of the Site; or
- violate any applicable local, state, or national laws or regulations (anywhere in the world).
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
USER SUBMITTED CONTENT
Portions of the Site may provide you and other users with the opportunity to participate in forum services, blogs, messaging, and other interactive features and submit content, media, and materials for posting on the Site in connection with the same, which may include, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics, and visual effects (collectively, "User Submitted Content"). To be considered for posting and display to the public, User Submitted Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics, and submission, which can also be found on the Site's Web page for the upload of User Submitted Content. When you provide User Submitted Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Submitted Content, length, your location, and/or similar information.
- infringes any third party's copyright or other intellectual property rights;
- causes harm, harasses anyone, or which may prevent, prohibit, inhibit, restrict, or otherwise impair others from using or enjoying the Site;
- modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site; or
- violates any requirements, rules, terms, or conditions that may be applicable to your use of any related forum services, blogs, messaging, or other interactive services made available via the Site.
Upon your submission of any User Submitted Content for posting and distribution via the Site, you hereby automatically grant to Early Mountain Vineyards and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of such User Submitted Content on the Site and any other Early Mountain Vineyards owned or controlled programming services and distribution platforms, whether currently existing or existing or developed in the future (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, compensation, consideration, or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Early Mountain Vineyards, in our sole discretion.
You acknowledge and agree that neither Early Mountain Vineyards nor its affiliates shall be required or have any obligation to host, index, display, accept, or use any User Submitted Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Early Mountain Vineyards may, in its sole discretion, remove or refuse to host, index, display, accept, use, or do anything at all with respect to any User Submitted Content. Once you submit or attempt to submit User Submitted Content you shall have no right to prohibit, restrict, revoke, or terminate any of the rights granted to Early Mountain Vineyards or its affiliates hereunder. You are not entitled to and you will not receive any compensation or other consideration for your User Submitted Content or any use made of your User Submitted Content once submitted. You also understand and agree that neither all or any portion of your User Submitted Content, nor any commercial, advertisement, promotional, marketing, or other material created by or for Early Mountain Vineyards that is associated with your User Submitted Content, need to be submitted to you for approval prior to Early Mountain Vineyards or its affiliates' use thereof.
You hereby release Early Mountain Vineyards and its affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions, or suits which you may or can have in connection with your User Submitted Content, including, without limitation, any and all liability for any use or nonuse of your User Submitted Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss. Early Mountain Vineyards and its affiliates have the right to assign, transfer, convey, license, sub-license, and otherwise transfer, sub-contract, delegate, outsource, or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification, or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Submitted Content and the rights granted to Early Mountain Vineyards and its affiliates hereunder.
COPYRIGHT COMPLIANCE POLICY
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. How to Send a Notice of Copyright Infringement
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on the Site infringes one of your copyrights, you may notify us using the following procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Agent Designated to Receive Notification of Claimed Infringement: Peter Hoehn
Full Address of Designated Agent to Which Notification Should be Sent to:
Early Mountain Vineyards
6109 Wolftown-Hood Road
Madison, VA 22727
Telephone Number of Designated Agent: (540) 948-9005
E-mail Address of Designated Agent: email@example.com
PLEASE DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS, OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SUCH TYPE OF INQUIRY IS SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site is covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
How to Send a Counter-notice if Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the e-mail address provided by the user, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the material by sending us a counter-notice as follows:
You must send the counter-notice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counter-notice must be a written communication and must include substantially the following information:
- A physical or electronic signature of you, the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counter-notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter-notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter-notice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace such material.
Repeat Infringer Policy
We have a policy of terminating the accounts of "repeat infringers." A repeat infringer includes any user who has made two or more Submissions for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER EARLY MOUNTAIN VINEYARDS NOR ANY OF ITS AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL. IN PARTICULAR, EARLY MOUNTAIN VINEYARDS AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
THE INFORMATION AND MATERIAL PROVIDED ON, FROM, OR THROUGH EARLY MOUNTAIN, ITS SERVICES, AND THE SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). THE SITE AND RELATED INFORMATION, MATERIAL, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. EARLY MOUNTAIN VINEYARDS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES. EARLY MOUNTAIN VINEYARDS MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE, INFORMATION, MATERIAL, AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, MATERIALS, AND SERVICES MADE AVAILABLE VIA THE SITE.
Any articles, press clippings, or other third-party publications (collectively, "Publications") made available through the Web site are furnished by Early Mountain Vineyards for your convenience and information. Early Mountain Vineyards is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Web site, are those of the respective author(s) or publisher(s) and not of Early Mountain Vineyards or its affiliates. EARLY MOUNTAIN VINEYARDS DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Links to Sponsors and Other Third-party Sites
Certain links on the Web site will let you leave the Web site. These linked sites -- for example, those of our partners and news sources -- are not under the control of Early Mountain Vineyards, and Early Mountain Vineyards is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Early Mountain Vineyards of any such linked site or the products therein.
We may terminate your use of the Site and/or access to any information, content, features, functionality, or services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.