Your Relationship with Vino van Gogh
Changes and Notices Regarding Documentation and Services
You should print and save a copy of these TACs for your records, and refer to the most current version of the TACs as we may update, in our sole discretion, from time to time, on our website. If we make any change(s) to the TACs, the revised version will be available on our website, and any continued use by you after these TACs have been so changed constitutes your acceptance of the TACs, as revised. Although we will make commercially reasonable efforts to communicate event changes or cancellations, we reserve the right to modify or stop the service (or any part or features thereof), on a temporary or permanent basis, with or without any notice to you, at any time or from time to time, without liability (monetary or otherwise) to you or any third party for any such modification or cessation of service. It is your responsibility to review our website for notices, if any, which we may elect to provide for any such occurrence. We may provide you with notices regarding the service, including changes to these TACs, by sending a message to your account or alternate email address, by standard mail, or by posts through the service or on our website. For as long as you use our service, you agree and consent to receiving written and.or electronic communications from us (and other users within our system when addressed to you) without respect or recourse (to the extent lawful in the US) to CAN-SPAM or other local, national, or international laws prohibiting the transmission of unsolicited electronic messages (however, applicable law may allow you to revoke your consent to receiving these messages at any time).
You become a “registrant” upon accepting these TACs and completing the VVG registration process. You also cause others to be registrants when you sign them up for a VVG event, and you represent that prior thereto you have acquired their acceptance of these TACs. As a registrant, you are required to provide your accurate, true, and verifiable name, title, email address, location/nationality, and any other registration information as we may require to establish your account. You are also responsible for maintaining this and all other registration information and keeping it current and accurate at all times, as failure to properly do so may result in suspension or termination of your registration. You are solely responsible for all activity taking place within your registration and other use of the service, including sending invitations to use the service. If you become aware of any unauthorized access to your registration, please contact us immediately. You acknowledge that your use of our service may also involve the use of certain additional requirements/services not provided by us and not covered by this agreement. For example, your use of our website requires at least one compatible device, certain software (including but not limited to a 128-bit SSL-capable browser, as failure to use such will result in less secure encryption during data transmission), and internet access with a compatible Internet Service Provider (“ISP”). We expressly disclaim liability for quality, accuracy, security, availability, or deliverability of or through these additional requirements/services (which may be provided via third party and/or integrated software), nor do we represent that such services are encrypted. Furthermore, your use of VVG services may be impacted by certain issues with these additional requirements/services (when used in combination or otherwise), and we provide no assistance with, nor do we take any responsibility for any improper operation, limitations, errors, or omissions thereof. During your use of our services, you may be asked to provide additional security information (by way of example only, a password), and you are encouraged to enable and/or provide this additional information where the option is presented to you should you desire to enhance your security while using the service. We are in no way responsible for your decision or failure to provide this additional security information, or any results thereof. Certain components or features of our services provided by us or our affiliates may be subject to separate agreements to which you must adhere prior to using such components or features. You further acknowledge that: (i) our services have been neither specifically designed nor reviewed for compliance with any particular set of practices, rules, regulations, requirements, specifications, laws, standards (specifically including payment card industry, or PCI standards), or treaties, and no representation is made that your actual or proposed use is necessarily proper thereunder; (ii) prior to using our services, you have had the opportunity to make reasonable inquiry into the nature of our service and our security practices and procedures, and that you have concluded, in your sole assessment and judgment, that our services are suitable for your purpose(s); and (iii) that you have read, understand, and accept all limitations of our liability contained in these TACs. We reserve the right to cancel, limit, delete, or otherwise modify the nature or terms of any registrations at any time, with or without prior notice, in whole or in part, and may deny entry to (or continued participation in) any event for any reason, and in our sole discretion, without liability to your or any third parties.
You agree to pay all fees and charges, as specified in your registration, in an on-time manner, including any additional fees or partial charges incurred during your use of the service. Fees may be exclusive of applicable taxes, exchange fees, duties, and/or tariffs, and you are solely responsible for the payment of such, which may be imposed on your use of the service. We may use a third party payment processor to complete these transactions, in which case your use of such processing services may be governed and controlled by a separate agreement or terms with such processor. You may be asked to provide us, or our payment processor, with a credit card or bank number from a card issuer or banking institution acceptable to us in order to register and use our service. We or our processor will charge fees you authorize by your use of the system to the credit card or bank account provided by you. We have no responsibility or liability for, nor do we make any representations about payment card industry (PCI) compliance, which is the sole responsibility of our processor(s). By authorizing us to charge a credit card or bank account for the fees incurred through your use of the system, you are authorizing us, and/or our processor, to automatically continue charging that card or account (or any replacement therefore if the original is renewed, lost, stolen, or changed for any reason) for all fees or charges associated with your use of the system, including any subsequent registration fees. You specifically authorize the card issuer to pay any amounts described herein, and you authorize us or our processor to continue to attempt to charge all sums described herein to your credit card or bank account until such amounts are paid in full. You agree to provide to us, or to our processor if applicable, updated information about your credit card or bank account at any time the previously provided information appears to be invalid or out of date. If payment is not received by us or our processor at any time an amount is due hereunder, you agree to pay all amounts due upon our demand. The fees for use of our service will be billed to your credit card or bank account on file with us or our processor. You hereby acknowledge and agree that you shall assume all responsibility for those charges you agree to pay on behalf of other users, as well as those you incur directly. If you believe you have been billed in error for the service, please notify us in writing. Unless prohibited by law, you agree to notify us in writing and provide us with a commercially reasonable opportunity to cure any billing discrepancy prior to initiating a chargeback with your credit card, bank, or other payment processor. Failure to provide prompt payment in accordance with this agreement may, in addition to all other remedies provided for herein, result in temporary or permanent loss of access to our services. All fees and charges paid by you for the service are nonrefundable, except as may be otherwise stated herein (or as may be stated in any qualified guarantee program listed on our website), although applicable law may vary this policy. We reserve the right, at any time, upon notice required by applicable law, to change the price of the service or any part thereof, or to charge new fees for any reason (such changes to pricing or other charges will apply to registrations or events after the effective date of such changes).
Any content originating with us, including our logos, trademarks (registered or otherwise), service marks, graphics, and other intellectual property, are the property of VVG, and may be protected under national and/or international law. No public mentions of any responses or arrangements made by us and specific to you may be made without our prior written consent. Other trademarks, service marks, graphics and logos used in the connection with the service may be the intellectual property of their respective owners. You are not granted any rights or licenses in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (specifically including any copyright and trademark notices) that may be affixed or otherwise made a part of our services. You agree that we and our licensors, where applicable, own all legal right, title, and interest in and to the service. You further agree that by submitting any ideas, documents, proposals, suggestions or other content through the “Contact Us” feature or otherwise to us, you understand and represent that such submission: (a) entitles us to use or disclose, in our sole discretion, such submission for any purpose and in any manner; (b) does not place upon us any obligation of confidentiality, express or implied, with respect to such submission; (c) immediately becomes our property upon receipt; and (d) relieves us of any obligation to recognize, compensate, reimburse, acknowledge, or otherwise account for such submission under any circumstances.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, TO THE EXTENT THAT SUCH EXCLUSIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW, SOME OF THE FOLLOWING EXCLUSIONS CONTAINED IN THIS PARAGRAPH MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ENTIRELY ON AN “AS-IS”, “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VVG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PARTICULARLY, VVG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) INFORMATION OR CONTENT YOU OBTAIN THROUGH OR AS A RESULT OF THE SERVICE WILL BE RELIABLE OR ACCURATE; (III) YOUR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (IV) ANY DEFECTS OR ERRORS IN THE SYSTEM OR ITS SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE, OR ANY RESULTS THEREFROM, WILL BE CORRECTED OR OTHERWISE REMEDIATED. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN RISK AND DISCRETION. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM VVG OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF SERVICE.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, TO THE EXTENT THAT SUCH EXCLUSIONS OR LIMITATIONS ARE EXPRESSLY PROHIBITED BY APPLICABLE LAW, SOME OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, VVG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, PROFITS, GOODWILL, OR DATA, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF VVG OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE DELETION OF, CORRUPTION OF, DISCLOSURE OF, OR FAILURE TO STORE AND/OR RECEIVE OR SEND CONTENT OR TRANSMISSIONS THROUGH THE SERVICE; (III) THE CONDUCT, STATEMENTS, CONTENT, EQUIPMENT, ACTS OR OMISSIONS MADE, USED, OR CAUSED BY YOU, VVG, OR ANY THIRD PARTY USING THE SERVICE OR PROVIDING ANY PRODUCT, SERVICE, FEATURE OR SUPPORT FOR THE SERVICE; (IV) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT OR TRANSMISSIONS; (V) VVG’s ACTIONS, ERRORS OR OMISSIONS IN RELIANCE UPON ANY INFORMATION PROVIDED BY YOU; (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY INFORMATION YOU PROVIDE TO US; (VII) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (VIII) TERMINATION OF YOUR REGISTRATION IN ACCORDANCE WITH THIS AGREEMENT; OR (IX) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VVG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR YOUR MOST RECENT REGISTRATION, BUT IN NO CASE (INCLUDING IF THE FORMER LIMITATION OF LIABILITY IS HELD UNENFORCEABLE BY A COMPETENT COURT) WILL VVG’S LIABILITY TO YOU EXCEED A TOTAL OF $100 USD.
You agree to defend, indemnify and hold harmless VVG, its subsidiaries, affiliates, officers, contractors, directors, employees, agents, partners and licensors from any and all demands or claims, including attorneys’ fees, made by any third party, relating to or in any way arising from: (a) your use of the service; (b) any content made available or otherwise encountered by you or others through the service; (c) your violation of any rights of another; or (d) your violation of any of these TACs. You acknowledge that this obligation to indemnify us shall survive the termination or expiration of these TACs and/or your use of the service. You also understand that you are responsible for all of your use of the service. You hereby agree to comply with these TACs at all times, and to defend, indemnify and hold harmless VVG and its subsidiaries, affiliates, officers, contractors, directors, employees, agents partners and licensors against any and all demands or claims arising from usage of your account, whether or not such usage is authorized by you. At our option and for as long as we may deem appropriate, you will assume control of defense and settlement of any claims subject to these indemnification terms, but in no event shall you settle any such claims without our prior written consent.
Interpretation and Enforcement of Entire Agreement
These TACs constitute the entire agreement between you and us, govern your use of the service, and completely replace any prior agreements between you and us which may have existed with respect to the service. However, should we elect to enter into a separate written agreement with you, that separate written agreement shall be granted precedence with respect to the subject matter of such separate written agreement and only to the extent of any conflict between that separate written agreement and these TACs. Should any provision(s) of these TACs be held unenforceable or invalid, such portion(s) shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intention of the parties, and the remaining portions shall remain fully effective. Our failure to exercise any right or enforce any provision of these TACs shall in no way constitute a waiver of such right or provision. We may seek specific performance, injunctive and/or equitable relief, and/or attorneys fees in addition to any other available remedies to enforce this agreement. Except as provided expressly herein, you agree that there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to use of the service or these TACs must be filed within one year of the cause of action, or be forever barred. The English version of these TACs shall at all times govern and control, and the headers contained herein are for convenience only and have no legal or contractual effect. These TACs and the relationship between you and us shall be governed by the laws of the State of Indiana (United States), excluding its conflict of law provisions. You and we hereby agree to submit to the personal and exclusive jurisdiction of the courts located in Hamilton County, Indiana, to resolve any dispute or claim arising out of these TACs, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Hamilton County, Indiana. Notwithstanding the foregoing, VVG shall still be permitted to apply for injunctive remedies or other emergency legal relief in any applicable jurisdiction.
Personal Information We Collect
There are many types of personal information we may collect and use to better serve you, which may include, but are not limited to your name, address, phone number, email, credit card information, demographics, activity and content within our web site and service, user experience details, and other information relating to support or service issues and/or satisfaction.
Use of Your Personal Information
Maintenance and Transfer of Your Personal Information
You can request a copy of your personal information by contacting us in writing. Our Terms and Conditions of Service govern all use of VVG services and prohibit minors from accessing or otherwise using services. We do not knowingly collect personal information from anyone under the age of majority. If we discover that personal information has been inadvertently collected from anyone under the age of 18, we will attempt to delete such information as quickly as possible under the circumstances. Please note that VVG requires your personal information (and personal information which, with all necessary consent obtained, you may handle through our system on behalf of others) to be sent to servers in the United States. As a result, when you use our services, you give us the right to transmit to, process, transfer to, and/or store such personal information with our business partners, service providers, and others located in the United States (or other countries located within or outside of the European Economic Area (EEA)) as we may deem appropriate to provide or enhance our service.
Third Party Services and Additional Information
The following third party services are used to deliver certain technical functions within our web services. Although we may transfer personal information provided to us to these organizations for the purposes outlined below, they are not owned or controlled by us. As a result, we take no responsibility for their usage terms or privacy policies, which are incorporated here and may apply to you whenever you use their services via our website or otherwise. We encourage you to review the information posted at their websites, and contact them directly with any questions or concerns.
- HostGator (United States): hosts our database and website, including your registration information. For information, please visit www.hostgator.com.
- Authorize.net (United States): processes our financial transactions, including your payments to VVG. For information, please visit their website at www.authorize.net.
Questions and Updates
Full Release Agreement for Permission to Use Photographs
You hereby grant to VVG the right to take photographs of you and your guests at any VVG event, and expressly authorize VVG, its assigns, and its transferees full rights to copy, copyright, use, and/or publish these photographs in any format, with or without your name, for any lawful purpose, including in print or electronically.