Terms of Use

Welcome to the Black Stallion Ests site (the “Site”), designed to educate you about our wines, promotions, and sponsored events.  We strive to make the Site a rewarding experience for all our users at every visit, hoping you will return time and again.  To maintain an enriching user experience, we ask that you adhere to the Terms and Conditions of Use for the Site as outlined below.  All further mention to “we” or “Delicato Family Wines” refers to Delicato Family Wines, our affiliates, subsidiaries, service providers and designees.

Agreement

By entering the Site, you agree to be bound by the Terms and Conditions of Use, our Privacy Policy, and any other policies, terms or notices (collectively the “Terms of Use”) on the Site.  If you do not agree or cannot meet the Terms of Use, please do not access the Site.  Delicato Family Wines maintains the right to revise the Terms of Use at any time without prior notice.  Any such amendment becomes effective immediately.

Eligibility

To access the Site you must be of legal drinking age in the country where you reside.  Should you not be of legal drinking age in your residing country or territory, please exit the Site now.

Use of the Site is void where prohibited.  By using the Site, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation.

Restrictions

The Site and all information contained herein is owned by Delicato Family Wines.  You are granted non-transferable, non-exclusive access to the Site to view information and interact for your own personal use. Any commercial use of the Site is prohibited.  Content, including but not limited to trademarks, designs, logos, text, images, audio, and video materials are the intellectual property of Delicato Family Wines or our affiliates (“Company Intellectual Property”) unless otherwise indicated.  Company Intellectual Property is protected under laws of the United States of America, other nations around the world, and international treaties, specifically under copyright and trademark law.  You are not permitted to publish, distribute, transmit, or otherwise use Company Intellectual Property for public or commercial use without the express written consent of Delicato Family Wines.  By accessing the Site, you agree not to rent, transmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof, or use it in any manner not authorized by the Terms of Use.  Further, in using the Site you agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.

Information Submitted Through the Site

Your submission of information through the Site is governed by Delicato Family Wines’ Privacy Policy and the Terms of Use.  You affirm the information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update the information as needed.  Delicato Family Wines reserves the right to refuse a user name or email address that belongs to or is already being used by another person; that may be interpreted as impersonating another person, or violating the intellectual property or rights of any person; that is offensive; or for any other reason at our sole discretion, and deny access to the Site. You are wholly responsible for any transactions and interactions with the Site that occur in connection with your user name, and you agree to notify Delicato Family Wines immediately in the case of any security breach related to your account.

Rules of Conduct

By using the Site, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users.  Use of the Site and Services is your acceptance to comply with the following rules of conduct.  Failure to comply may result in termination of access to the Site.

You agree not to:

• Post, transmit, or otherwise make available through or in connection with the Site:
  • Information or materials that are or may be threatening, harassing, degrading, hateful, defaming, libelous, false, obscene, indecent, pornographic, or that are protected by copyright, trademark, trade secret, or that portray or encourage irresponsible drinking
  • Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort
  • Viruses, Trojan Horses, spyware, or any other computer code, file, or program that is harmful, or that is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or equipment
  • Unsolicited or unauthorized advertisements not previously approved by Delicato Family Wines in writing
  • Personally identifiable and/or non-public information about a person/company without their prior written consent
• Use the Site unlawfully
• Use the Site to violate the rights and privacy of others, including collecting information about other users of the Site
• Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Site, or state or imply Delicato Family Wines endorses any statement you make
• Interfere with the operation of the Site or the servers or networks used to make the Site available, or violate the requirements, procedures, policies, or regulations of said networks
• Restrict other users from accessing the Site
• Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Site
• Modify, adapt, translate, or disassemble any portion of the Site
• Download and store any Site content
• Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site

You are solely responsible for maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access the Site, and for paying all charges related to the access and use of the Site.  Delicato Family Wines reserves the right to remove or disable access to information or materials posted, transmitted, or otherwise made available through or in connection with the Site that may be a violation of law, regulation, or rights of a third party, (e.g. rights under copyright and trademark law, prohibitions on libel and slander, invasion of privacy), or a violation of the Terms of Use.

ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK.

Profiles, Submissions

Delicato Family Wines, our affiliates, or our service providers may offer features through the Site that allow you to post information, photos, or other materials publicly on your personal “profile page” (your “Profile”).  All rules of conduct described above apply.

User Generated Content

Delicato Family Wines may allow you to upload content for display on the Site.  When you submit or make content available on the Site (“Submission”), you agree that the Submissions are nonproprietary and nonconfidential, may be made available to the general public, and may be used by Delicato Family Wines without restriction.  You grant to Delicato Family Wines an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete, add to, create from, publicly perform or display, reproduce, and distribute such Submissions on or through the Site and in connection with advertising and promoting the Site and our products in any media format and through any media channels now existing or developed in the future.  You represent and warrant you have all rights necessary for you to grant the licenses in this Section regarding each Submission, and that your provision of each Submission complies with all applicable laws, rules, and regulations.    Delicato Family Wines does not claim any ownership rights on the content that you post on the Site After posting your Content to the Site, you continue to retain any rights you may have had in your content, subject to the license granted to Delicato Family Wines. This section will survive the termination of the Terms of Use.

Delicato Family Wines reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This includes the right to refuse to post or to remove any posting, including private messages.

The Site may contain opinions, statements, or other content submitted by third parties for which Delicato Family Wines is not responsible for screening, monitoring, or verifying, including the content’s accuracy, reliability, or compliance with laws. Content made available by third parties is strictly the opinions of the third party and is not endorsed by Delicato Family Wines.

Monitoring

Delicato Family Wines may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Site.  We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.  If you are aware of any unlawful, offensive, or objectionable content on the Site please click on “Contact Us”.

Termination and Enforcement

You agree that Delicato Family Wines may terminate your access to, or use of, the Site at any time and for any reason, without notice and without limitation at our sole discretion.  In the event of such termination your right to use the Site will cease immediately.  Delicato Family Wines may immediately deactivate or delete any user name or password used by or provided to you, as well as all related information and files associated therewith, and bar any further access to such information and files.  You agree that Delicato Family Wines is not liable to you or any third party for any termination of your access to the Site or to any such information or files, and will not be required to make such information or files available to you after any such termination. Delicato Family Wines reserves the right to enforce and verify compliance with the Terms of Use, including but not limited to, in connection with any legal process relating to your use of the Site or the claim of a third party that your use of the Site is somehow unlawful or violates the third party’s rights.

Promotions

Sweepstakes, contests, or similar promotions (“Promotions”) made available through the Site may be regulated by rules that are separate from the Terms of Use.  By participating in any such Promotions you agree to be subject to the specific rules of the Promotion.  Delicato Family Wines encourages you to read the applicable rules, as well as to review the Privacy Policy, which together with the Terms of Use will govern any information you submit in connection with such Promotions.  In the case of the Promotions’ rules conflicting with the Terms of Use, the rules will control.

Links To or From Other Websites

Unless otherwise stated, Delicato Family Wines is not associated with operators of any third-party websites that link to or are linked from the Site.  We disclaim any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site.  We make no guarantees to your satisfaction with products or services that are available through any third-party site that links to or is linked from the Site.  We do not make warranties as to the security of any information that you may provide or be requested to provide to any third party, whether through such third-party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES OF SUCH THIRD PARTY SITES THAT APPLIES.

Delicato Family Wines reserves the right to block links to third party websites without prior notice and at its sole discretion.

Disclaimers

The Site is provided “as is”.  All materials and information on the Site are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Delicato Family Wines, user generated content, or content posted by a third party.  Delicato Family V Wines takes no responsibility for the third-party advertisements, applications, or goods and services posted on or through the Site.  We are not responsible for the conduct, online or offline, of any user of the Site, including, without limitation, any Submission posted by any user.  We assume no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication.  We are not responsible for technical problems including but not limited to problems with telephone network or lines, computer online systems, service providers, computer equipment, software, failure of any emails, traffic congestion on the Internet or on any portion of the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading content in connection with the Site.  Under no circumstances shall Delicato Family Wines be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance of an event, from content posted by other users, or from the conduct of users, online or offline.

Certain states do not allow the exclusion or limitation of certain warranties or liabilities; therefore, the above limitations or exclusions may not apply to you.

Limitations of Liability

Delicato Family Wines shall not be liable for any damage, claim, or loss incurred by you, including but not limited to, incidental, direct, indirect, special, consequential or exemplary damages, loss of profits, loss of use, loss of data, or loss of security, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages.  This applies to all causes of action.  Your sole and exclusive resolution for dissatisfaction with the Site is to stop using the Site. If the warranty exclusion or limitation of liability set forth in this use agreement is for any reason whatsoever held unenforceable or inapplicable, you agree the aggregate liability of Delicato Family Wines for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Delicato Family Wines to access and use the Site.

Indemnification

You agree to indemnify and hold us harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, arising out of or relating to your use of the Site in violation of the Terms of Use.  Additionally, you agree to indemnify, defend, and hold Delicato Family Wines harmless from any and all claims, actions, demands, causes of action, and other proceedings arising from or related to any of the following (“Claims”):

• Your use, inability to use, or activities in connection with the Site
• Any violation of the Terms of Use or any other terms, conditions, or policies of Delicato Family Wines, by you or through any account you may have with the Site
• Any transaction
• Any allegation that a Submission or other material that you make available through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party
• Your violation of any rights of any user

Governing Law

The Terms of Use will be construed, and enforced, under the laws of California without reference to choice of law principles.  Any dispute relating to the Terms of Use or the Site may be litigated only in a court having jurisdiction and venue in San Joaquin County for state court causes of action and in Sacramento, California for federal court causes of action.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

The failure of Delicato Family Wines to enforce any right or provision of the Terms of Use does not constitute a waiver of such rights and provisions.  The Terms of Use may be enforced to the fullest extent allowed by law.  Should any provision of the Terms of Use be unlawful, void, or unenforceable, that provision is to be considered negated from the Terms of Use and will not affect the authority of the remnant provisions.

Miscellaneous

The Terms of Use are not and should not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Delicato Family Wines.  You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without prior written consent of Delicato Family Wines.  All headings or section titles contained herein are for the purpose of convenience and do not define or explain the subsequent section or provision.

Delicato Family Wines invites you to drink our wines responsibly.