Terms of Use

BAREFOOT GERMANY Website Terms of Use

 

About these Terms of Use

The following terms and conditions ("Terms") apply to your use of the Barefoot website, www.barefootwine.de, (the "Website"). These Terms should be read alongside our privacy policy (accessible online at www.barefootwine.de/privacy-policy) ("Privacy Policy"). Please read these Terms carefully.

About us

We are the Barefoot brand, owned by E. & J. Gallo Winery (Deutschland) GmbH Louisenstrasse 65 D- 61348 Bad Homburg Tel: +49 (0)617292120 ("Barefoot", "we", "our" or "us") Email: consumerrelations@barefootwine.com. Managing Director: Bojan Dragesevic, Company Register number Amtsgericht Königstein, HRB 5309, VAT number DE 811493351. 

Your use of the Website

You must be at least 18 years of age and have the legal right and capacity to enter into and to comply with these Terms to use the Website. If you are under the age of 18 you must not use or access the Website.

Ownership of Website materials

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website ("Materials") are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.

Any unauthorized use of the Materials is prohibited.

NOTICE TO THIRD PARTY WEBSITES: Any of our Materials made available in connection with our Website, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.

Your licence to use materials on our Website

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, reproduce and/or play the Materials on any single computer and/or print a copy of it for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests that you are associated with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Website's software, HTML, JavaScript or other computer program; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate its web pages or any software or other products or processes accessible through the Website; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

Intellectual property

The copyright in the Materials contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiaries or the providers of such information and is protected by English and international, copyright laws and treaties. All rights are reserved.

The trademarks, service marks, logos and other proprietary names and identifiers which are owned by us and displayed on the Website may not be used in connection with any product or service that does not belong to us. Furthermore nothing contained within the Website should be construed as granting a licence or the right to use any of the trademarks without our express, written permission. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

You may not use the Website for any purpose or in any manner that infringes our rights or any third party rights. We encourage you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, or any other applicable law, please contact us using the details set forth below.

E&J Gallo Winery

4^th Floor, Harman House, 1 George Street, Uxbridge, Middlesex UB8 1QQ

Phone number: 01895 813444

consumerrelations@barefootwine.com

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

User comments and postings

We may provide user comment areas, message boards or other interactive areas on the Website ("User Forums") to give select users of the Website a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, "User Content").

Rights you grant to us. Whenever you send, post, upload, or otherwise make available User Content on a User Forum or elsewhere on the Website or directly to us (including by e-mail or text message) you grant to us an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you. You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Website and the Internet.

No obligation to prescreen/monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content.

Your obligations regarding User Content. If you submit User Content, such User Content must comply with our Acceptable Use Policy (see section “Acceptable Use Policy” below). You must not upload or submit User Content which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.

No obligation to use. We are not obligated to post, keep or use your User Content.

Security. The Internet may be subject to breaches of security and submissions of User Content or other information may not be secure, and you should consider this before submitting any information to us.

User interactions and disputes

You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Acceptable use policy

The following rules are here to help you understand the conduct that is expected of you when you participate in any User Forums or other interactive areas of the Website and/or submit User Content. Your participation in a User Forum or other interactive area of the Website and all User Content you submit are subject to all the Terms, including the following "Acceptable Use Policy":

Public forum. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you written permission to upload and distribute the User Content on the Website and elsewhere.

No pictures or images of anyone but you and your friends and family/music. To the extent uploads are made available on the Website and if you choose to upload photos to the Website, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. Your User Content must not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances).

Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

Keep it relevant. Your User Content should relate to the content on the Website and should be intended to add to the discussion and community on the Website - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).

Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a User Forum for everyone to enjoy. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.

Do not use a User Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Website.

Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our discretion, including reporting you to the proper governmental authorities.

No violence. Your User Content may not promote violence or describe how to perform a violent or otherwise illegal or dangerous act.

Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

Don't damage the Website or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Website or any computer system.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Membership and registration

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Website. When you provide information to the Website, you must provide only true, accurate, current and complete information and update it as necessary to maintain its truth and accuracy.

If you register with us, you must not sell, transfer or assign your membership or any membership rights. You must maintain the confidentiality of your password, if any, and restrict access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Website using your name in whole or in part. We reserve the right to terminate your account or otherwise deny you access if your account is used by an unauthorized person.

Contests and promotions

Any contests or other promotions (any, a "Promotion") that may be offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. You should read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. Participating in a Promotion will be subject to those official rules and the decisions of the identified sponsor(s).

Linking policy

We grant you the revocable permission to link to the Website; provided, however, that your website, or any third party websites that link to the Website: (a) must not frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (b) must not imply that Barefoot or the Website is endorsing or sponsoring it or its products, unless we have given prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise harm Barefoot or its products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable; and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms.

Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Website for any reason in our discretion even if the linking complies with the requirements described above.

Limitation of liability

Unless expressly provided for otherwise herein, we shall only be liable for intent or gross negligence.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free.

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Nothing in these Terms shall limit our liability for personal injury or death.

Term and termination

We may terminate your access to the Website and the services within it on not less than 3 days' notice to you.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

Governing law; disputes

These Terms shall be governed by and construed in accordance with English law. All disputes arising out of or in connection with these Terms shall be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“Rules”) by three arbitrators appointed in accordance with the Rules. The place of arbitration shall be London, United Kingdom. The language of the proceedings shall be English.

Miscellaneous

Our failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of E&J Gallo Winery Europe Ltd. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

We may assign our rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without our prior written consent.

If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.

We are committed to protecting your privacy. Please see our Privacy Policy for full details barefootwine.de/privacy-policy.

Modification

We reserve the right to modify or add to these Terms at any time to comply with law or to meet our changing business requirements without notice to you.

Any updates or amendments will be posted on the Website.

These terms were last updated January, 2016.