Terms and Conditions of Use
Updated: October 17th, 2022
Please read this Terms and Conditions Agreement (the “Agreement”) carefully. The terms of this Agreement govern your use of the www.vivant.eco website (the “Site” or the “Service”), including the purchase of goods from the Site as operated by VIVANT Wines Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who wish to access or use the Service.
Please read this Agreement carefully, we draw your attention in particular to the sections on Disclaimer and Our Responsibility for Loss or Damage Suffered by You. By accessing or using the Service you agree to be bound by this Agreement. If you disagree with any part of the Agreement then please refrain from using the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. For contractual purposes, you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
If you wish to purchase any product or service made available through the Service, you must review and agree to our Terms and Conditions of Sale available on the Site.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests Sweepstakes and Promotions
The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Status of User Content. By posting User Content on the Site or via the Service, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating this Agreement or is otherwise objectionable. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service.
Backing up User Content. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License for us to use User Content. So that we can operate the Service, and host and display your User Content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service on the basis that such license is:
- irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
- non-exclusive – you and, if you let them, other people can use your User Content;
- royalty-free and fully-paid – we don’t have to pay you or any other party (either now or in the future) to use your User Content in the fashion described above;
- worldwide – we can use your User Content in the manner described above anywhere in the world; and
- sub-licensable – you allow us to authorize other businesses and individuals to use the licensee described above, for the purposes of including your User Content as part of the Service.
We have the right but not the obligation to monitor and edit all User Content.
Moral rights waiver. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
Do not send us confidential information in User Content. Please note that the Content you provide to us or make available on or through the Service will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other users via the Service are public and not private communications, and that you have no expectation of privacy in respect of such communications. Any personal data you submit via reviews, feedback and/or comments or other features of the Service may be seen and used by other users. We strongly encourage you not to disclose your personal data via such features. We are not responsible for any information (including personal data) you communicate in this way.
Our Content. Any content that is not User Content shall be the property of us or our licensors (“Site Content”). You may not distribute, modify, transmit, reuse, download, repost, copy, or use Site Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
Protection of our reputation and third party rights. You agree not to use the Service to collect, upload, transmit, display, or distribute any Content that: (a) is obscene, offensive, hateful, inflammatory or otherwise objectionable or be defamatory of any person; (b) is threatening, abusive or invasive of another’s privacy or likely to cause annoyance, inconvenience or anxiety; (c) is likely to harass, upset, embarrass or alarm another person; (d) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) is intentionally misleading or likely to deceive any person; (f) impersonates any person or to misrepresents your identity or affiliation with any person; (g) gives the impression that User Content emanates from us; (h) advocates, promotes, assists or enables any illegal or unlawful activities; (i) promotes violence or indecent or sexually explicit material; (j) violates any law, regulation, or obligations or restrictions imposed by any third party; (k) otherwise exposes any person to any danger of any kind; or (l) disseminates or otherwise discloses another person’s personal information without his or her prior permission or collects or solicits another person’s personal information for commercial or unlawful purposes.
Protection of our systems. In addition, you agree not to: (i) upload to, transmit, distribute, or otherwise make available through the Service any computer viruses, worms, trojan horse, time bomb, spyware, robots, bots, spiders or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any computer system, hardware, software, equipment or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses or passwords, without their consent or otherwise systematically download and store Site Content; (iv) use any features of the Service for anything other than their intended purpose, including exploiting any glitches for personal gain; (v) interfere with, disable, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access or provide automated access to or use of the Service (or to other computer systems or networks connected to or used together with the Service); or (vii) assist, permit or encourage any person to perform any of the activities described above.
If you provide us with any feedback or suggestions regarding the Service (“Feedback”), you hereby transfer to us all rights in such Feedback. Please note that the Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion if you are in material breach of any term of this Agreement or we suspect that you have used the Service, or intend to use the Service for the purpose of an illegal activity.
You must promptly change your password and notify us by emailing us at firstname.lastname@example.org if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
The Service (including all information and materials that we provide on or through the Service) and its original content and any related domain names (excluding User Content ), features and functionality are and will remain the exclusive property of VIVANT Wines Inc. and its licensors. You acknowledge that you have no right to have access to all or any part of the Service in source code form. The Service is protected by copyright, trademark, patents, trade secrets, moral rights, privacy rights, rights of publicity, and other intellectual property and proprietary rights under the laws of the United States, the United Kingdom, France and foreign countries. Our trademarks and copyrights may not be used in connection with any product or service without our prior written consent.
Your right to use the Service is subject to the restrictions listed below. You agree:
- except as expressly set out in this Agreement, not to use the Service for any purpose that is fraudulent or otherwise unlawful;
- not to interfere with the operation of the Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);
- not to copy the whole or any part of the Service, except where such copying is incidental to the normal use of the Service for its intended purposes, or where it is necessary for the purpose of back-up or operational security;
- not to reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Service, including without limitation for public or commercial purposes, including any text, images, audio and video;
- not to rent, lease, sub-license, loan, distribute, time-share, translate, merge, adapt, vary or modify the whole or any part of the Service;
- not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other product or service;
- not to disassemble, decompile, reverse-engineer, derive any code or algorithms or create derivative works based on the whole or any part of the Service or attempt to do any such thing except to the extent that such actions cannot be prohibited under applicable law;
- not to sell, resell, link to, exploit, provide or otherwise make available the whole or any part of the Service (including object and source code), in any form to any person without prior written consent from us;
- not to remove any copyright, trademark or other proprietary rights notices from the Service, and to include our copyright notice on any copies you make of the Service on any medium; and
- that you are responsible for obtaining and have obtained any and all necessary authorizations, consents and permissions, including from any third party, to the extent that you submit, post, transmit or otherwise process personal data using the Service.
Links to Other Websites
Our Service may contain links to third party web sites or services that we do not own or control.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless VIVANT Wines Inc., its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of this Agreement, or c) Content posted on the Service.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (LIMITATION OF LIABILITY)
The Service is not bespoke to you. You acknowledge that the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Service meet your requirements.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement are entered into, both we and you knew it might happen.
When are we liable for damage caused by a defect in the Service? If the Service damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us.
Cap on Liability. To the maximum extent permitted by applicable law, our aggregate cumulative liability to you arising out of or related to the Service shall in no event exceed one hundred (100 EUR) Euros or the price paid by you for the Service in the preceding twelve (12) month, whichever is the higher.
We are not liable for business losses. If you use the Service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under this Agreement that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
What we do not exclude. Nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by applicable law.
Your liability. You agree to compensate us for any claims, losses, liabilities, damages, costs and expenses (including legal costs and expenses) reasonably incurred by us that arise out of your use of the Service in breach of this Agreement. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Service and you agree to assist and cooperate with us in relation to any such claim.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, with all faults. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or course of performance.
VIVANT Wines Inc. and its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each, do not warrant that a) the Service will function uninterrupted, timely, secure, error-free or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions will not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Other Important Items
Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its Agreement.
If a court finds part of this Agreement unlawful or unenforceable, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this Agreement and where you may bring legal proceedings? This Agreement are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are resident in another country in the EU, you may bring a claim to enforce your consumer protection rights in connection with this Agreement in the EU country in which you live.
Changes. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. The “Last Updated” legend above indicates when this Agreement was last changed. We may make changes to the Site and/or this Agreement to: (a) reflect changes in relevant laws and regulatory requirements; and (b) implement minor technical adjustments and improvements, for example to address a security threat. If a revision is material we will provide at least 15 days’ notice prior to any new Agreement taking effect.
Contact Us. If you have any questions about this Agreement, please contact us.
VIVANT Wines Inc.
548 Market Street
San Francisco, CA 94104