Barefoot Wine & Bubbly
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Terms of Use

Updated April, 2016

Welcome to our site (the "Site"). The Site is intended to provide you with information about our wines, campaigns and sponsored events. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to "we" or "us" or "our Brand" herein refer to E. & J. Gallo Winery and its brands, affiliates, subsidiaries, service providers and designees as deemed appropriate by us.

Compliance with Terms
By accessing the Site, you are agreeing to these Terms of Use, our Privacy Notice, as well as other legal notices, terms and policies posted on the Site from time to time (together referred to as "Terms"), all of which are expressly incorporated herein by this reference.

Amendment
We may amend or terminate any Terms at any time. If we amend or terminate any Terms, we will notify you of such amendment or termination by posting the revised Terms on the Site and such revised Terms will be effective at the time we post them on the Site. Each time you use the Site, you should visit and review the then current Terms that apply to your transactions and use of the Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and our Brand with respect to your use of the Site.

Eligibility
You are not permitted to view the Site unless you are 18 years of age or older. If you are younger than 18, please do not visit the Site.

Term
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features.

Your Use of the Site
Users have a non-transferable, non-exclusive license to access the Site, to view information contained at the Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.

Tampering with the Site, misrepresenting the identity or age of a User, using buying agents or conducting fraudulent activities on the Site are prohibited.

Content

The Site may contain Content provided by our Brand, including, without limitation, text, images and logos ("Brand Content"). Brand Content is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Brand Content and the features and functionality of the Site. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Brand Content (excluding any software code) solely for your personal use in connection with viewing the Site.

The Site may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, use for any commercial purpose, or sell any Content appearing on or through the Site.

Protection of Intellectual Property Rights
We respect the intellectual property of others, and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.

If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, you may contact us by emailing consumerrelations@barefootwine.com to request removal of the content.

Disclaimers
We are not responsible for and make no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Brand Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by our Brand. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Brand event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.

Our Site is provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site.

Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Our Service Providers
We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms "we" and "us" for purposes of the Terms.

Indemnification
You agree to indemnify and hold E. & J. Gallo Winery, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys' fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

We make no claims that the Site, any Brand Content, User Content or other Content are appropriate or may be transmitted, used or installed outside Brazil. Access may not be legal by certain persons or in certain countries. If you access the Site from outside Brazil, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Miscellaneous
The Terms will be construed, and their performance enforced, under the laws of Brazil. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party or to any third parties in connection with the sale, assignment, or other transfer of the Site or sale, assignment, merger, reorganization, or other transfer of any of our brands or companies.

The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and our Brand regarding the use of Site and its services and features. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

 

Consider this a compliment

Pardon me, you are not of age.