terms & Conditions
By browsing and using this Internet web site at diablocreekwines.com (the "Site"), provided by Diablo Creek Wines (the “Company”), you agree to be bound by the Terms and Conditions set forth below (the "Terms and Conditions"). You must exit this Site immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming alcoholic beverages.
Changes to the Terms and Conditions
Company may, in its sole discretion, revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access or purchase from this Site. Your continued use of the Site or purchase of any product from us through the Site after such revisions are posted will constitute your agreement to such changes.
Modifications to the Site
Company reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Company may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Site Age Limitation
Company and its delegated agent maintain this Site for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages.
Use of Materials
You may print or have printed by a third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.
Copyrights, Trademarks and Other Proprietary Rights
You acknowledge and agree that all content and materials available on this Site, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials (the “Proprietary Material”) are the property of Company unless otherwise noted. Company’s Proprietary Material is protected under the intellectual property and other laws of the United States, California and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from Company’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use Company’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Company.
Except with respect to the limited license to download and print certain material from this Site for non-commercial and personal use only, as set forth above in the section entitled "Use of Materials," nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of Company's Proprietary Material. All rights, title and interest in and to all aspects of Company's Proprietary Material remain the exclusive property of Company.
You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) encourage overconsumption or conduct that would constitute a criminal offense or give rise to civil liability; (iv) contain a virus or other harmful component; (v) contain advertising of any kind; or (vi) contain false or misleading indications of origin or statements of fact. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Communication to Site
All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of Company. Company will not be required to treat any submission as confidential. By transmitting content to this Site, you automatically grant to Company a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. You agree that Company is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that Company need not provide any compensation or acknowledgment to you in exchange for any such use.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Company does not and cannot review all materials posted to the Site by users and Company assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Site. If notified, Company may investigate an allegation that content transmitted to this Site is in violation of the Terms and Conditions and determine whether to have the communication removed from this Site. However, Company is under no obligation to remove content transmitted by third parties from this Site and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Links to Other Sites
The Site may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.