Effective: January 01, 2015 The ChileVine site, (http://www.ChileVine.com) web site and any derivative web site on which these Terms of Service are posted are owned and operated by PW&O INC, a Nevada Corporation ("ChileVine.com"). ChileVine has adopted these Terms of Service ("Terms of Service" or "Agreement") to make you aware of the terms and conditions of your use of the ChileVine.com web site, any derivative web sites on which these Terms of Service are posted and any Content or other products or services that are offered or provided via the aforementioned web sites (collectively, the "Web Site").
In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to such representative, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person. By using the Web Site, you unequivocally agree to be bound by this Agreement, whether you are a "visitor" that simply browses the Web Site without registering an account or you are a "member" that registers an account on the Web Site. ChileVine reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Service periodically for changes, and you hereby agree to periodically review these Terms of Service for such changes. The continued use of the Web Site following the posting of changes to these Terms of Service will constitute your acceptance of those changes.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO CHILEVINE OR ACCESSING CHILEVINE CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND CHILEVINE.
General Terms of Service and Restrictions on Use Unless otherwise expressly provided herein, ChileVine hereby grants you a limited, nonexclusive, no assignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service. All rights not otherwise expressly granted by these Terms of Service are reserved by ChileVine. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. ChileVine may discontinue or alter any aspect of the Web Site, modify, alter or remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at ChileVine's sole discretion and without prior notice or liability.
You agree that ChileVine may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in ChileVine's sole discretion and without liability to you or any third party. ChileVine Intellectual Property Unless otherwise specifically noted in these Terms of Service, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, ChileVine (trademark,) are the property of ChileVine and/or its licensors and may not be used without ChileVine's prior written consent.
Trademarks and copyrighted materials owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of ChileVine, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Service. Any unauthorized use of any Content, whether owned by ChileVine or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so. Accounts To take advantage of certain functionality and capabilities of the Web Site (e.g., to upload and/or manage Content), you may be required to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process (or ChileVine may assign initial registration information that you will have the option to change). You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify ChileVine in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. ChileVine may refuse to grant a particular username to you for any reason, including, without limitation, in the event ChileVine determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. Content You acknowledge that the Web Site contains or provides access to information, photos, video, text, graphics, music, sounds or other material provided by ChileVine or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content posted by users via the Web Site ("User Content") is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. Users who upload User Content to ChileVine represent and warrant that they are the owners or authorized licensees of that User Content and legally entitled to distribute it through the ChileVine service. ChileVine does not claim any ownership rights in such User Content. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner on the Web Site. By posting User Content via the Web Site, however, you hereby grant to ChileVine a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content. For the avoidance of doubt, references to Content shall include User Content. If You upload User Content for which you are not the owner or an authorized licensee, You agree that the damages ChileVine suffers as a result of your material misrepresentation of ownership and potential liability to third parties would be difficult to calculate, and agree that ChileVine shall be entitled to liquidated damages of $10,000 per infringing file, piece or item of User Content. You further agree to release and ChileVine harmless for all uses of User Content you submit to ChileVine, and agree to indemnify ChileVine for all costs and legal expenses arising from, related to or in connection with Your misrepresentations as to the ownership and/or licensing of Your User Content. For the avoidance of doubt, references to Content shall include User Content.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to ChileVine: (1) you are owner of such User Content or otherwise have the right to grant ChileVine the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties'; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete.
PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE CHILEVINE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. Prohibited Uses You are solely responsible for all content or information you publish or display (hereinafter, "post") on the Web Site. You will NOT post on the Web Site any defamatory or illegal material or any material that actually or potentially infringes or violates the intellectual property rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person. You will use the Web Site in a manner consistent with any and all applicable laws, regulations, rulings and orders. By posting information on the Web Site, you warrant and represent that the information is truthful and accurate. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or except as otherwise permitted by law. ChileVine does not and cannot review each message posted by users of the Web Site and ChileVine is not responsible for the information, message or contents of such Content.
ChileVine reserves the right, but is not obligated, to delete or remove (i) profane language, (ii) obscenities, (iii) threats of physical violence, bodily harm or damage to property, and (iv) private financial information such as social security numbers and credit card information. Additionally, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (b) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (c) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (e) use of the Web Site to gain competitive intelligence about ChileVine, the Web Site or any product or service offered via the Web Site or to otherwise compete with ChileVine or its affiliates; (f) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of the Web Site to engage in any activity that, as determined by ChileVine, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
Disclaimer; ChileVine shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of these Terms of Service. ChileVine uses reasonable efforts to maintain the Web Site, but ChileVine is not responsible for any defects or failures associated with the Web Site, any part thereof, any User Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which ChileVine may undertake from time to time, or (c) causes beyond the control of ChileVine or which are not foreseeable by ChileVine. In addition, ChileVine makes no guarantees as to the Content or as to web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site or any Content made available thereon, including as to the accuracy, content, or quality of any such Content, sites and information or the privacy or other practices of any such Content provider or site. ChileVine does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. ChileVine reserves the right, but has no obligation, to monitor, modify, alter or otherwise remove User Content after it is posted on the Web Site, including as required or permitted by law or otherwise in the sole discretion of ChileVine. Despite the fact that it has no monitoring obligations, ChileVine reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Service. Because the User Content offered via the Web Site is provided by other users, and because ChileVine does not monitor or exercise control over the User Content, ChileVine does not make any warranties or representations regarding any of the Content offered via the Web Site or the quality thereof. ChileVine does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall ChileVine be liable under any theory for such exposure. ChileVine is not a backup service for storing User Content, but we do backup content, and ChileVine shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILEVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CURRENTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, CHILEVINE MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL CHILEVINE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE CHILEVINE WEB SITE, OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILEVINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHILEVINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILEVINE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING CHILEVINE'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY CHILEVINE FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Release; Indemnification You agree to release ChileVine, its parents, affiliates, successors and assigns together with their respective officers, members, directors, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Web Site. If at any time you are not happy with the Web Site or object to any material within the Site, your sole remedy is to cease using them. You further agree to defend, indemnify and hold harmless ChileVine, its parents, affiliates, successors and assigns together with their respective officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys'; fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of ChileVine or third parties by you, (e) any negligence or willful misconduct by you, (f) your use of any Content, services or products provided by ChileVine, or (g) any other claim related to your performance under this Agreement.
Term and Termination This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that ChileVine, in its sole discretion, may terminate your use of the Web Site or any part thereof upon prior notice, and remove and discard any User Content, in the event you violate these Terms of Service. You agree that ChileVine may immediately suspend your account and your access to the Web Site or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Service or if it determines that you are a repeat infringer of another's intellectual property or other rights. ChileVine may also, in its sole discretion and at any time, discontinue providing the Web Site, any part thereof, any User Content or any products advertised thereon, with or without notice. You agree that ChileVine shall not be liable to you or any third- party for any termination or suspension of your access to the Web Site or any part thereof, removal of User Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Web Site and by providing notice to ChileVine of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which ChileVine may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Web Site and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement. Governing Law and Other Miscellaneous Terms The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against ChileVine, and ChileVine shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to ChileVine which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that ChileVine has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies ChileVine may have for your breach of this Agreement.
The parties expressly and unequivocally agree that any claim arising from the Web Site or this Agreement (excluding claims for injunctive or other equitable relief) shall be decided by binding nonappearance-based arbitration. The parties shall endeavor to mutually agree to use the services of an established alternative dispute resolution ("ADR") provider. In the event the parties cannot mutually agree to an ADR provider, the services of the American Arbitration Association shall be used to resolve the claim. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to this Agreement shall be in any trial or appellate court located in or serving Clark County, Nevada, U.S.A., and in such event the parties expressly, explicitly and unequivocally waive any and all right to a trial by jury. If any action at law or in equity or any arbitration proceeding is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. The controlling language of this Agreement is English. Any translations of this Agreement that may have been provided by ChileVine have been provided for convenience only and shall have no binding effect. If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, Content, and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, Content, and products and services sold via the Web Site. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Web Site, through the registration process or contained in other express agreements entered into between you and ChileVine. In the event of an express conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or any separate agreement entered into between you and ChileVine, such additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or separate agreement shall control to the extent of such conflict. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.
The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. ChileVine makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws. Copyright and Copyright Notices ChileVine respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ChileVine's Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact ChileVine's Copyright Agent for Notice of Claims of copyright infringement at: info@ChileVine.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice. Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Clark County, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
ChileVine recommends that you review the privacy and other practices governing any other web sites that you choose to visit and any Content you wish to download or otherwise access. ChileVine is based, and this web site is hosted, in the United States of America. If you are from the European Union, Canada or other regions of the world with laws governing data collection and use that may differ from U.S. law and you are registering an account on the Web Site, visiting the Web Site, purchasing products or services from ChileVine or the Web Site, or otherwise using the Web Site, please note that any personally identifiable information that you provide to ChileVine may be transferred to or utilized by ChileVine or its affiliates in the United States. Any such personally identifiable information provided may be processed and stored in the United States by ChileVine or a service provider acting on its behalf. The Information ChileVine Collects Users browsing the Web Site without registering an account or affirmatively providing personally identifiable information to ChileVine do so anonymously; however, certain non-personally identifying information is collected, as provided below. Users may provide and ChileVine may collect personally identifiable information from Users in a variety of ways. Personally identifiable information may include, without limitation, (i) contact data (such as a User's name, mailing and e-mail addresses); (ii) demographic data (such as a User's zip code or age); (iii) financial information collected to process Orders and purchases made from ChileVine via the Web Site or otherwise (such as credit card, debit card or other payment information); (iv) other information requested during the account registration process; and (v) information about the individual you would like to be notified about in the event of a ChileVine posting, such as their first/last name and last known City/State of residence. ChileVine does not collect social security numbers. If you communicate with ChileVine by e-mail or otherwise, post User Content to the Web Site, post messages to any forums, complete online forms, surveys or entries, provide information outside of the account registration process, or otherwise interact with or uses the features on the Web Site, any information you provide may be collected by ChileVine.
How ChileVine Uses Information ChileVine may use personally identifiable information collected through the Web Site for the specific purposes for which the information was collected, to process Orders made via the Web Site, to contact Users regarding Content, products and services offered by ChileVine, and otherwise to enhance Users' experience with ChileVine. ChileVine may also use information collected through the Web Site for research regarding the effectiveness of the Web Site and the business planning, marketing, advertising and sales efforts of ChileVine, its trusted affiliates, independent contractors and business partners. Information collected from you may also be used to ensure compliance with certain terms and conditions and agreements entered between you and ChileVine as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the Web Site. ChileVine will communicate with you through email and notices posted on this Web Site. These may include a series of welcome emails which help inform new Users about various features of the Web Site, emails and confirmations regarding actions taken by you on the Web Site or Orders placed by you through the Web Site, and notices relating to the proper functioning of the Web Site or your account. ChileVine may use your personal information to send you promotional information relating to the Content, products and services offered by third parties that ChileVine feels may be of interest to you. The personal information you provide will allow us to alert you to new developments, new products, features and enhancements; special offers; upgrade opportunities; and surveys, contests and events of interest.
We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. We may send ChileVine emails that may contain information regarding third-party products or services; however, this doesn't mean that we've traded your personal information to any party. Disclosure of Information ChileVine may disclose personally identifiable information collected from Users to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by the Web Site and the Web Site itself, and for the specific purposes for which the information was collected.
ChileVine may disclose personally identifiable information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise ChileVine's legal or other rights, to defend against a legal claim or as otherwise allowed by law. ChileVine may disclose personally identifiable information in order to protect the rights, property or safety of a User or any other person. ChileVine may disclose personally identifiable information to investigate or prevent a violation by User of any contractual or other relationship with ChileVine or where ChileVine has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of ChileVine, its users or the public or the perpetration of any illegal or harmful activity.
ChileVine may also disclose aggregate, anonymous data based on information collected from Users to Content developers, investors, advertisers and potential partners. Finally, ChileVine may disclose or transfer personally identifiable information collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business. Personal Information Provided as Part of User Content If a User includes such User's personally identifiable information as part of the User Content that such User posts to the Web Site, such information may be made available to any parties using the Web Site and/or such User Content. ChileVine does not edit or otherwise remove such information from User Content before it is posted on the Web Site. If a User does not wish to have such User's personally identifiable information made available in this manner, such User must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a User's username and email address) may be included with any User Content that a User posts via the Web Site. ChileVine is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners. Security of Information about Users that is maintained on ChileVine's systems is protected using industry standard security measures. In order to secure your personal information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the Web Site. However, no security measures are perfect or impenetrable, and ChileVine cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure.
ChileVine is not responsible for the circumvention of any privacy settings or security measures contained on the Web Site by any Users or third parties. Updating Personal Information; Opt-Out If your personally identifiable information changes, ChileVine will endeavor to provide a way to correct, update and/or remove your previously provided personal data. This can be done by emailing a request to ChileVine at info@ChileVine.com .
CHILEVINE POSTING POLICY (Effective: June 19, 2015) All posts are User Content as defined in the ChileVine Terms of Service (available at http://ChileVine.com/home/about/posting) and should reflect and be limited to your personal point of view. Because you are legally responsible for your postings, you may be subject to liability if your posts are found to be defamatory, harassing, or in violation of any applicable law. You may also be liable if you make postings which include any material or information (e.g., music, videos, text) that belongs to a third party and is used without permission or authorization.
ChileVine reserves the right to suspend, modify, or withdraw this Posting Policy, and your continued use of the ChileVine.com website is your explicit representation that you have reviewed such modification and unequivocally agree with the requirements set forth therein. ChileVine Posting Code of Ethics You agree, without reservation, to tell the truth and do your best to write deliberately and accurately. You will thoroughly review your content and correct your mistakes promptly before final posting. If commenting on a prior post, you will preserve the original post, using notations to show where you have made changes so as to maintain the integrity of the original post language. You will refrain from posting material or links that you have not read thoroughly and carefully. You will strive for high quality with every post including spell checking. You will stay on topic. If you disagree with other opinions, please do so respectfully.
You agree to respect the privacy of others and refrain from discussing sensitive topics. You will not post any material that is unlawful, inaccurate, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, and invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable or violates any law.
You will not post any copyrighted material (or intellectual property owned by others) unless (a) you are the owner, (b) have the express, written permission of the owner to post this material, or (c) you have a reasonable, good faith belief that the use or disclosure of any such material constitutes "fair use" or is otherwise permitted by law.
You will not post any material or links that contain viruses, Trojan horses, worms, time bombs, cancel bots or any other program routines that would damage or interfere with systems, data or information. We welcome and encourage your participation and comments on ChileVine or other social media venues. You are fully responsible for everything that you post. ChileVine does not discriminate against any views. Nevertheless, ChileVine reserves the right to monitor user-generated content as it chooses and may modify, edit or remove content for any reason whatever, without consent and in its sole and absolute discretion. You agree that you have read, understand and will adhere to the following policies when participating on our social media site: We will only post comments from users 14 years of age or older that relate to the topics on the pages. We reserve the right to modify, alter or remove comments that contain abusive, vulgar, offensive, threatening or harassing language, personal attacks of any kind, or offensive terms that target specific individuals or groups.
We reserve the right to modify, alter or remove comments that contain personal information (your own or someone else's), including home address, home or cell phone number, or personal email address in order to protect privacy of our users. We reserve the right to modify, alter or remove spam, comments that are clearly off-topic, that promote services or products, or involve political campaigning or lobbying. Gratuitous links to sites are viewed as spam and may result in the comment being removed. Do not post anything you do not have the right to post. We will follow a notice and takedown procedure for complaints of copyright violation under the Digital Millennium Copyright Act. Communications made through social media posts, e-mail, and messaging systems will in no way constitute a legal or official notice or comment to ChileVine or any employee of ChileVine for any purpose. Thank you for participating and we look forward to hearing from you!