Terms Of Use
VISITOR AGREEMENT
Last Updated: June 17, 2016
To access this Site you must be of legal drinking age in the country where you reside. Please exit this Site immediately if you are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Site is not permitted.
Thank you for visiting the SM Wine Group Site, which is operated by Santa Margherita USA, Inc. (Santa Margherita USA). This Visitor Agreement (Agreement or Visitor Agreement) is a binding legal contract between you and Santa Margherita USA (also referenced herein as we, us or our) and governs your use of the web site located at the URL: www.TorresellaWines.com and any content made available from or through the Site; whether accessed via computer, mobile device or other technology. Please read this Visitor Agreement carefully.
ACCEPTANCE OF TERMS OF USE
By using our Site, applications, mobile applications, and/or any services offered through our Site, applications, and/or mobile applications (collectively, the Site), you accept the terms of this Agreement. We may change the terms of this agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Agreement on this Site and will update the Last Updated date above to reflect the date the changes take effect. By continuing to use this Site after we post any such changes, you accept this agreement, as modified.
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO DENY ACCESS, SUSPEND, TERMINATE OR RESTRICT YOUR USE OF THE SITE OR ANY PORTION THEREOF TO ANYONE WHO VIOLATES THIS VISITOR AGREEMENT OR WHO, IN OUR JUDGMENT, INTERFERES WITH THE ABILITY OF OTHERS TO ENJOY THE SITE OR WHO INFRINGES THE RIGHTS OF OTHERS. SANTA MARGHERITA USA FURTHER RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO TERMINATE YOUR USE OF THE SITE AT ANY TIME, WITH OR WITHOUT NOTICE, FOR ANY OR NO REASON WHATSOEVER.
REGISTRATION AND ELIGIBILITY
ANYONE WHO IS NOT OF LEGAL DRINKING AGE MAY NOT ACCESS OR REGISTER FOR THE SITE. 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 DO NOT VISIT THIS SITE.
TO OBTAIN ACCESS TO CERTAIN ASPECTS OF OR SERVICES AVAILABLE THROUGH OUR SITE, YOU MAY BE REQUIRED TO REGISTER WITH US. YOU AGREE THAT THE INFORMATION YOU SUPPLY DURING THAT REGISTRATION PROCESS WILL BE ACCURATE AND COMPLETE AND THAT YOU WILL NOT REGISTER UNDER THE NAME OF, NOR ATTEMPT TO USE THIS SITE UNDER THE NAME OF, ANOTHER PERSON. WE RESERVE THE RIGHT TO REJECT OR TERMINATE ANY USER NAME THAT, IN OUR JUDGMENT, WE DEEM OFFENSIVE. BY USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR USE OF THIS SITE AND ITS FEATURES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION. YOU WILL BE RESPONSIBLE FOR PRESERVING THE CONFIDENTIALITY OF YOUR PASSWORD AND WILL NOTIFY US OF ANY KNOWN OR SUSPECTED UNAUTHORIZED USE OF YOUR ACCOUNT.
PRIVACY
We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.
RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE
Our Limited License to You. The materials available through this Site are the property of us and our affiliates (those companies controlling, controlled by or under common control with us, collectively the Affiliates)or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Site, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the materials on this Site, or distribute copies of materials found on this Site in any form (including by email or other electronic means), without prior written permission from the owner.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Site, or incorporate into another Site, application, mobile application, or other service any of our intellectual property.
Trademarks. We do not want anyone to be confused as to which materials and services are provided by us and which arenÕt. You may not use any trademark or service mark appearing on this Site without the prior written consent of the owner of the mark. www.TorresellaWines.com is a trademark of Santa Margherita USA.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify us through our feedback/contact procedure or by sending a notice by U.S. Mail to Copyright Agent, Santa Margherita USA, Inc., 1900 Sunset Harbour Drive, Annex-3, Miami Beach, FL 33139. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
USER-PROVIDED CONTENT
Your License to Us. By submitting material (including, but not limited to, any text, photos, video or other content) to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting any materials via this Site, you grant us, and anyone authorized by us a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Site, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Materials Submitted by Other Users. We cannot and do not review every posting made in any forums, and other areas available for public postings we may provide. We do not endorse or guarantee the accuracy of any posting.
DISCLAIMERS
Use at Your Own Risk. We provide the material available through this Site for informational purposes only. You may only use the material and the services available through this Site for your personal and non-commercial use. Before you act on any information youÕve found on our Site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SITE.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact Santa Margherita USA at info@santamargheritausa.com with a description of the material(s) at issue and the URL or location of such materials.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by others to whose sites, applications, or mobile applications we link. A link to another Site, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).
No Warranties. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCLUSION OR LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, SERVICE PROVIDERS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SITE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).
USE OF APPLICATIONS
Additional terms and conditions may apply 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 Visitor Agreement by this reference. By participating in any Application, you agree to abide by that ApplicationÕs rules, and terms and conditions, which may vary from the terms and conditions set forth herein. If there is a conflict between this Visitor Agreement and the terms of the Application, the terms of the Application will control as relating to the Application.
Certain Applications may enable you to upload content to participate in a contest via the Site, and you may be able to send a message to another user regarding content on our Site. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Applications.
Without limiting the terms of our Privacy Policy, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through this Site. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our Site, our customers, the public and our employees. We reserve the right to deny access to any Applications to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of the Site and any Application if you engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Application;
Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
Gathering for the purpose of spamming any email addresses that users post in our chat rooms, forums and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
Interfering with or disrupting any servers or networks used to provide the Site or the Applications;
Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
Stalking or otherwise harassing another;
Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Collecting or storing personal data about other users;
Gaining unauthorized access to our Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.
INDEMNIFICATION
You agree to indemnify and hold us and our Affiliates, service providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneysÕ fees, that arise out of your use of the Site, violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.
GOVERNING LAW; JURISDICTION
This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules. You agree that this Visitor Agreement and any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Santa Margherita USA arising from or relating to this Agreement, its application, interpretation or breach, termination or validity, the Site, or any related transaction, shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of New York, without regard to its conflicts of laws rules. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site or Applications will be heard and resolved in the federal and state courts located in New York, New York.
CONTACT US
If you have questions or concerns related to this Visitor Agreement, please contact us as follows:
SANTA MARGHERITA USA, INC.
1900 Sunset Harbour Drive, Annex-3
Miami Beach, FL 33139
E-mail: info@santamargheritausa.com
