Welcome to the Image Bank of the French Maid Wines web site (the "Web Site").
Please review the following basic terms (the "Terms") that govern your use of
the images and other materials available from the Image Bank on this Web Site.
Please note that your use of the images and other materials available from the
Image Bank on our Web Site constitutes your agreement to comply with and be
bound by the Terms. These Terms may be updated and changed by us from time to
time without notice to you.
Use of Material
French Maid Wines authorizes you to view and download the contents of the Image
Bank on this Web Site, such as images, graphics, and text material
("Material"), solely for the promotion of French Maid Wines products. French
Maid Wines hereby grants to you a nonexclusive, nontransferable, limited
license to reproduce, digitize, edit (only for the purpose of facilitating
presentation and use of the images) and distribute the Material without
destroying the visual integrity or otherwise compromising the images which
comprise the Material, and solely for such promotional purposes. The rights
granted herein shall not confer on you any rights of ownership in or to the
Material, including, without limitation, the copyright and other intellectual
property rights thereto, which shall be and remain the exclusive property of
French Maid Wines. French Maid Wines reserves the right to terminate all
licensed rights granted herein at its exclusive discretion on written notice at
any time and you agree to immediately cease use of any Material immediately
upon receipt of such notice.
The Material is protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark and
other laws. You must retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display, publicly perform,
distribute or otherwise use the Material in any way for any commercial or
personal purpose, other than the promotion of French Maid Wines and French Maid
Wines products. By way of example only, you may not use images or other
Material from the Web Site to promote other wineries, or in articles about the
wine industry generally that do not reference French Maid Wines.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material, and French Maid Wines may pursue any remedy available at
law or in equity against you.
In addition to these Terms of Use, you also agree to comply at all times with
any and all guidelines, instructions or other conditions established by French
Maid Wines with regard to use of the images and other Materials available from
this Web Site. All such guidelines and instruction that are contained on web
site pages on this Web Site regarding such matters shall be deemed to be
incorporated into these Terms of Use and shall be binding on you. It is of
critical importance that you follow all such guidelines and instructions
carefully. Failure to do so may result in liability.
French Maid Wines' Liability
The Material may contain inaccuracies or typographical errors. French Maid
Wines makes no representations about the accuracy, reliability, completeness or
timeliness of the Material or about the results to be obtained from using the
Web Site and the Material. The use of the Web Site and the Material is at your
own risk. Changes are periodically made to the Web Site and may be made at any
time without notice to you.
FRENCH MAID WINES DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FRENCH MAID WINES SHALL NOT BE
RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. FRENCH MAID WINES, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FRENCH MAID WINES
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE
Horse Play WEB SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY AND ALL DAMAGE RESULTING FROM ANY TRANSACTION WHEREBY MATERIAL IS
DOWNLOADED INTO YOUR COMPUTER OR SERVER THAT MAY ADVERSELY AFFECT ITS
PERFORMANCE SUCH AS CRASHING YOUR COMPUTER OR NETWORK.
Disclaimer of Consequential Damages.
YOU AGREE THAT NEITHER FRENCH MAID WINES NOR ANY OF ITS PROVIDERS OF
INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE MATERIAL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE
MATERIAL, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF FRENCH MAID WINES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT FRENCH MAID WINES SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION
OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT. YOU AGREE THAT FRENCH MAID WINES SHALL NOT BE RESPONSIBLE OR LIABLE
TO YOU, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE
MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A
LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE
FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND
EFFECT.
Indemnity
You agree to defend, indemnify and hold harmless French Maid Wines, its
officers, directors, employees and agents, from and against any losses, costs,
damages and expenses, including without limitation attorneys' fees and
expenses, that may be incurred by French Maid Wines and any of such persons
arising out of or relating to any claims, actions or demands, or resulting from
your unauthorized use of the Material (including Software) or from any breach
by you of the terms of this Agreement. French Maid Wines shall provide notice
to you promptly of any such claim, suit or proceeding and shall have the right
to control the defense of such action, at your expense, in defending any such
claim, suit or proceeding.
General
This Web Site is based in California in the United States. French Maid Wines
makes no claim that the Material is appropriate or may be downloaded outside of
the United States. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of California without regards to its conflict of
laws principles. If any provision of this Agreement is found to be invalid in
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided on particular Web pages with regard to use of the
Material, this Agreement constitutes the entire Agreement between you and
French Maid Wines with respect to the use of the Web Site.
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