Terms of Use

Last Updated: March 16, 2013

Introduction
Welcome to BARGETTO WINERY Personalized Labels (the “Site”), which is maintained by BARGETTO WINERY Personalized Labels (“ BARGETTO WINERY Personalized Labels”, and sometimes referred to herein as “we”, “us”, “our” or other similar pronouns). The following terms and conditions (“Terms of Use”) govern your access to and use of the services available on the Site. Please read these Terms of Use carefully before using the Site. By using the Site, you agree to these Terms of Use. If you do not agree to them, you should not use or otherwise access the Site.

BARGETTO WINERY Personalized Labels may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you should therefore periodically visit this page to determine the then-current terms and conditions to which you are bound.

These Terms of Use are in addition to any other agreement you may have with BARGETTO WINERY Personalized Labels or any of its subsidiaries, including any agreement governing the purchase or use of BARGETTO WINERY Personalized Labels’s products or services by you or your organization.

The Sale of Alcoholic Beverages
BARGETTO WINERY Personalized Labels does not sell alcohol to persons under the age of 21. By using the Site you are representing that you are over the age of 21. If you are not over the age of 21, you should not use or otherwise access the Site. BARGETTO WINERY Personalized Labels makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Site you are representing that the person receiving a shipment of alcoholic beverages from BARGETTO WINERY Personalized Labels is over the age of 21. If you do not agree with these conditions of use, do not use the Site.

Privacy Policy
Please see our Privacy Policy relating to our collection and use of personal and non-personal information on the Site. A complete statement of our Privacy Policy can be found by clicking here. The Privacy Policy, which may be updated from time to time, is incorporated herein by this reference and shall be deemed a part hereof. The Site is controlled, operated and administered from within the United States of America and all information is collected within the United States.

Description of our Services
“Create and Buy” General Rules and License
Description. BARGETTO WINERY Personalized Labels offers a service (the “Create & Buy Service”) that allows you to upload images, video, audio, data, and other content (collectively, “Content”) to the Site to create, produce and purchase Products featuring the uploaded Content for your own use.


Delivery of Content. You will upload or deliver to BARGETTO WINERY Personalized Labels all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Site and the Content Usage Policy. BARGETTO WINERY Personalized Labels may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service.


Licensing Your Content to BARGETTO WINERY Personalized Labels. You will retain ownership of the Content that you upload to the Site. You hereby grant to BARGETTO WINERY Personalized Labels a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as BARGETTO WINERY Personalized Labels deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. BARGETTO WINERY Personalized Labels may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the BARGETTO WINERY Personalized Labels service, processing your order, and producing and shipping your Products.

Guidelines for Prohibited Content

- Content that may contain copyrighted material and used without the express permission of the owner.

- Any content that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized.

- BARGETTO WINERY Personalized Labels has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to  examination from time to time. BARGETTO WINERY Personalized Labels may delete, move, and edit Content for any reason, at any time, without notice.

- Content that is generally offensive or in bad taste, as determined by BARGETTO WINERY Personalized Labels.

Refunds and Returns
For information about our returns and refunds, please see our Refunds and Returns Policy. A complete statement of our Refunds and Return Policy can be found by clicking here. The Refunds and Return Policy, which may be updated from time to time, is incorporated herein by this reference and shall be deemed a part hereof.

Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to BARGETTO WINERY Personalized Labels through the Site, you give BARGETTO WINERY Personalized Labels a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use and store any content which you submit, post or display on or through the Site. This license is for the sole purpose of enabling BARGETTO WINERY Personalized Labels to provide our services and products available on or through the Site. By submitting this content to BARGETTO WINERY Personalized Labels, you represent that you have all the rights, power and authority necessary to grant the above license, without any obligation by BARGETTO WINERY Personalized Labels to pay any fees or other limitations.

BARGETTO WINERY Personalized Labels’s Intellectual Property Rights
The contents of http://bargetto.blendingtable.com/index.php/, including its “look and feel” (e.g., text, graphics, images, logos and icons), photographs, editorial content, notices, software and other material are protected under United States and other applicable copyright, trademark, trade secret and other intellectual property laws. As long as you comply with these Terms of Use, BARGETTO WINERY Personalized Labels grants you a personal, limited, royalty-free, non-assignable and non-exclusive license to use the Site provided to you by BARGETTO WINERY Personalized Labels. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by BARGETTO WINERY Personalized Labels, in the manner permitted by these Terms of Use.

Access and Interference
You agree that you will not:

1. Use any robot, spider, scraper or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site without BARGETTO WINERY Personalized Labels’s prior written consent, which may be withheld in BARGETTO WINERY Personalized Labels’s sole discretion;

2. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site; or

3. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site.

Third Party Service Providers
We work with a number of third parties whose websites may be linked with the Site. Similarly, from time to time in connection with your use of the Site, you may have access to websites, services, products or software that are made accessible by, provided by, owned or licensed by, or under the control of third parties. We have no control over any third party websites, services, products or software and therefore we are not responsible for the availability of such third party websites, services products or software. We make no and hereby disclaim to the maximum extent permitted under applicable law any representation or warranty about, and take no responsibility or liability of any type or kind for, such websites, services, products or software made accessible by, provided by, owned or licensed by, or under the control of such third parties. Your use of such sites, services, products or software is subject to any terms of use and privacy policies applicable to the same, and you agree to pay any fees that may be charged by any third party for use of the sites, services, products or software and to resolve any disputes regarding the same with such third party.

Disclaimer of Warranties and Limitation of Liability
THE SITE AND THE CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BARGETTO WINERY Personalized Labels ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARGETTO WINERY Personalized Labels MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BARGETTO WINERY Personalized Labels DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES (INCLUDING THAT OF THIRD PARTIES) INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARGETTO WINERY Personalized Labels MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT THE CONTENT OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE AT YOUR SOLE RISK.

BARGETTO WINERY Personalized Labels, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABLITY OR ANY OTHER CAUSE OF ACTION, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, HOWEVER ARISING, EVEN IF BARGETTO WINERY Personalized Labels OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Your Indemnification of BARGETTO WINERY Personalized Labels
You shall defend, indemnify and hold harmless BARGETTO WINERY Personalized Labels and its officers, directors, employees, agents and contractors from and against any and all claims, damages, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your use of the Site or any breach of these Terms of Use by you.

Disputes
Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by BARGETTO WINERY Personalized Labels will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial to the full extent permitted by applicable law. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Your Account
At BARGETTO WINERY Personalized Labels, we continually strive to offer our members a superior experience by curating small-production, hard-to-find products that our procurement teams discover. We also do our best to offer a first-class experience for our members, and uphold the highest degree of professionalism. We, therefore, reserve the right to cancel and/or terminate any member’s account for any violation of the Terms of Use listed throughout the Site. Any fraudulent behavior, creating of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on the Site or any other website in regards to BARGETTO WINERY Personalized Labels, or while contacting any of our Member Services team, will not be tolerated.

Reservation of Rights
Monitoring. BARGETTO WINERY Personalized Labels reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If BARGETTO WINERY Personalized Labels determines, in its sole and absolute discretion, that you or another BARGETTO WINERY Personalized Labels user will breach a term or condition of these Terms of Use or that such transaction or communication is inappropriate, BARGETTO WINERY Personalized Labels may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

Modification of the Service. BARGETTO WINERY Personalized Labels reserves the right to modify the organization, structure or “look and feel” of the Site or any of our products or services, and may change, suspend, or discontinue any aspect of the Site or any of our products and services at any time without any liability to you or any third party. BARGETTO WINERY Personalized Labels shall have complete discretion over the features, functions, prices and other terms and conditions on which our products and services are offered to users of the Site.

Miscellaneous
1. Except for any other agreement that you may have with BARGETTO WINERY Personalized Labels or any of its subsidiaries, including any agreement governing the purchase or use of BARGETTO WINERY Personalized Labels’s products or services by you or your organization, these Terms of Use constitute the entire agreement between BARGETTO WINERY Personalized Labels and you with respect to your use of the Site. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

2. You agree that if BARGETTO WINERY Personalized Labels does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which BARGETTO WINERY Personalized Labels has the benefit of under any applicable law), this will not be taken to be a formal waiver of BARGETTO WINERY Personalized Labels’s rights and that those rights or remedies will still be available to BARGETTO WINERY Personalized Labels.

3. All covenants, agreements, representations and warranties made in these Terms of Use shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.