Enoteca
Maria
Terms of Use
(Updated June 14, 2009)
Consent
to Terms:
Please read these Terms of Use before using Enoteca
Maria.com or any features of this site, including, but not limited to, the Enoteca
Maria content feeds, audio recordings, slideshows, APIs, widgets, other social
networking features (collectively known as the "Website"). By using
the web site, you agree to be bound by these Terms of Use and the Privacy
Policy. If you do not agree to these Terms of Use and the Privacy Policy,
please exit the website and do not use any of its features. We reserve the
right, at our discretion, to modify, add or delete portions of these terms at
any time by posting updated Terms of Use and/or an updated Privacy Policy on
the Enoteca Maria site. Any modifications, additions or deletions to these
Terms of Use or the Privacy Policy shall be effective immediately upon posting.
Your continued use of the website following the posting of updated Terms of Use
or an updated Privacy Policy will mean that you agree to those changes.
Copyrights:
The contents of the Enoteca Maria website are
protected by U.S. and international copyright laws. You may not reproduce,
distribute, republish, upload, transmit, display, prepare derivative works,
publicly perform, sell, transfer, assign, license or use for commercial
purposes any copyrighted material on the Enoteca Maria website without the
prior written consent of Enoteca Maria, except as provided below. All rights
not expressly granted in these Terms of Use are reserved to Enoteca Maria.
You
may copy, download one copy on a single computer, and print a limited amount of
content, for your personal, non-commercial use only, provided that (a) you
include without modification all copyright and other proprietary notices
contained in the content, (b) you do not modify the content, (c) you do not use
the content in a manner that suggests Enoteca Maria promotes or endorses your,
or any third party's, causes, ideas, websites, products or services, and (d)
you do not use the content in any way that is unlawful or harmful to any other
person or entity. In addition, you may use excerpts of text and images on your
personal, noncommercial web site, blog or other application, subject to the
conditions in the preceding sentence. All content must be properly credited or
linked to the original source (in the case of publishing an article excerpt).
Any
other use of Enoteca Maria content requires prior written permission. Please
contact us support@enotecamaria.com.
User Materials: Through the Enoteca Maria user
sections of the website, through the ÒContactÓ page, and through other features
of the Enoteca Website, users may post, upload, transmit and/or otherwise
submit comments, messages, other text, photos, images, ideas, essays, and other
content and materials, and make recommendations, on or through the Enoteca website
(ÒUser MaterialsÓ). You acknowledge that User Materials may be routed through
the servers of one or more third parties on our behalf, and the Internet, and
may be viewed by Enoteca Maria staff and on the Internet by the general public.
You acknowledge that the Enoteca Maria website is for public and not private
communications.
We
reserve the right to screen, refuse to post, remove or edit User Materials at
any time and for any or no reason in our absolute and sole discretion without
prior notice, although we have no duty to do so. If we elect to screen User
Materials, there may be a delay in the posting of such content to allow for a
review process. If we have questions about your User Materials, we have the right,
but not the duty, to contact you for further information, including, for
example, to verify that you own the copyright or otherwise have the rights to
post the User Materials.
You
retain the copyright and other ownership rights in any User Materials that you
submit: However, by submitting User
Materials on or through the Enoteca website, you hereby grant Enoteca Maria a
non-exclusive, perpetual, royalty-free, universe-wide, transferable license to
use, copy, sublicense, modify, transmit, publicly perform, display, create
derivative works of, host, index, cache, tag, encode, and/or adapt your User
Materials in any and all media formats or channels, whether now known or
hereafter devised, including, but not limited to, the Enoteca Maria website,
restaurant, third party licensee web sites, over-the-air (on radio or
television), and on mobile platforms, without payment and without further
consent or notice to you. You further grant Enoteca Maria and their licensees
the right to contact you in connection with your User Materials and to use your
name, city and state and other information that you have provided in connection
with the User Materials.
Framing:
Enoteca Maria does not allow framing of the Enoteca
Maria.com web
Links
to Third Party Sites:
Enoteca Maria has provided links to Internet sites
maintained by third parties, over which Enoteca Maria has no control. We do not
endorse the content, operators, products or services of such sites, and Enoteca
Maria is not responsible or liable for the content, operators, availability,
accuracy, quality, advertising, products, services or other materials on or
available from such sites. Enoteca Maria shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, products or
services available on or through such sites.
Content
Feeds:
Enoteca Maria provides Really Simple Syndication (RSS)
Feeds at http://www.enotecamaria.com/wp/feed/rss and provides or may provide
other content feeds on or through the Service, consisting of a selection of
headlines, summaries or text blurbs, and links to full stories, which are
delivered to users using Really Simple Syndication technology, other XML
(extensible Markup Language) technology, or other syndication technology
(individually, a "Content Feed" and collectively, the "Content
Feeds"). The Content Feeds are available for personal, noncommercial use
or for noncommercial use on the website, blog or similar application of a
nonprofit corporation which is exempt from federal income taxes under Section
501(c)(3) of the Internal Revenue Code and which is not a news organization
("501(c)(3) Nonprofit Corporation"). You may display, excerpt from,
and link to the Content Feeds on your personal website, weblog, or similar
application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit
Corporation web site, blog, or similar application for noncommercial purposes,
provided that (a) the links redirect the user to the Enoteca Maria Web Sites
when the user clicks on them, (b) you do not insert any intermediate page,
splash page or other content between the links and the applicable Enoteca Maria
website page, (c) the use or display does not suggest that Enoteca Maria
promotes or endorses any third party causes, ideas, web sites, products or
services, (d) the fundamental meaning of the content contained in the Content
Feeds, including the headlines and summaries, is not changed or distorted, and
(e) you do not modify the stories or other content that are linked to by the
Content Feeds. If you display an entire Content Feed on your personal or
501(c)(3) Nonprofit Corporation website, blog or similar application, (a) you
may not redistribute the Content Feed, and (b) you must provide attribution to Enoteca
Maria. Enoteca Maria reserves the right to discontinue providing Content Feeds
and to require that you cease accessing or using the Content Feeds, or any
content contained in the Content Feeds at any time for any reason.
If
you have registered with Enoteca Maria, you may use the API Content for
personal, non-commercial use, or for the noncommercial online use by a 501(c)(3)
Nonprofit Corporation (which is not a news organization), provided that (a)
your use is for non-promotional, internet-based purposes only, including
desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all
links to API Content redirect the user to the Enoteca Maria or Enoteca Maria registrant
or other Content Provider Web Sites when the user clicks on them. All audio
must be streamed from the originating servers (through direct links that
redirect the user to the Enoteca Maria or Enoteca Maria registrant or other
Content Provider Web Sites); (c) the date of all API Content is displayed with
that content; (d) your use or display of API Content must not suggest that Enoteca
Maria, its Member stations or any Content Provider promotes or endorses you or
any third party or the causes, ideas, web sites, products or services of you or
any third party; (e) you shall not modify any API content, headlines, links or
metadata included in the API Content; (f) you shall not use the API Content in
any way that changes or distorts the fundamental meaning of the content; (g)
you may use only a limited amount of content from the API; you may not
re-create the Enoteca Maria website or any portion thereof; (h) you must
provide attribution for the content source and provide a link back to the API
Content source's web site; and (i) you may not insert
any intermediate page, splash page or other content between the links and the
applicable API Content source's web page.
Enoteca
Maria reserves the right to include or apply sponsorship to any API Content and
to track usage of the API Content.
Rules
for Use of the Service:
By using the Service, including by registering for
the Service, participating in the Enoteca Maria Community, Submitting User
Materials through the Enoteca Maria Community, the ÒContact UsÓ page or other
means, using Content Feeds, API Content, or by using any other features of the Enoteca
Maria website, you agree to the following rules:
You must be at least eighteen (18) years of age
to register for or participate in the Enoteca Maria Community or other social
networking features of the Enoteca Maria Website; submit any User Materials or
personally-identifying information on or through the Enoteca Maria websites;
participate in any online contests. If you are between the ages of 13 and 18,
you may browse the Enoteca Maria website or register for email with the consent
of your parent(s) or guardian(s), so long as you do not submit any User
Materials. If you are under 13 years of age, please do not send any information
about yourself, including your name, address or email address. If we discover
that we have collected any personally-identifying information from a child
under the age of 13, we will remove that information from our database as soon
as possible.
You may not submit any User Materials anonymously
or under a false name or a false e-mail address. You may not impersonate
another user or provide any false information about yourself.
You may not submit any User Materials or links to
material that is libelous, defamatory, false, obscene, indecent, lewd,
pornographic, violent, abusive, threatening, harassing, discriminatory, in
violation of the law, harmful to children, in violation of third party privacy
rights, or that constitutes hate speech or a personal attack.
You may only submit User Materials for which you
have the copyright or other necessary rights and permission to distribute
electronically. You may not violate, plagiarize, or infringe on the rights of
third parties, including copyright, patent, trademark, trade secret, privacy,
personal, publicity, moral or proprietary rights. You promise and represent
that you own or have all necessary rights and permissions to use, distribute
and authorize Enoteca Maria and users of the Enoteca Maria website (to the
extent permitted by these Terms of Use) to use and distribute any User
Materials.
The Service can only be used for personal,
non-commercial purposes. You cannot submit any material containing any
solicitation of funds, advertising, promotion, solicitation for goods and
services, or recruiting. You may not use the Enoteca Maria website for
political campaigning, recruiting votes, or soliciting support for legislative
or other initiatives.
You may not submit any software or other material
which contains a virus, worm, Trojan horse or other harmful computer code,
files, scripts, agents, programs or device. You may not use the Service to
distribute chain letters, mass mailings, "spam," or duplicative or
unsolicited messages in violation of applicable laws, or to gather usernames
and/or e-mail addresses for the purpose of sending unsolicited email or other
communications to other users of the Service.
You may not interfere with or disrupt the
integrity or performance of the Enoteca Maria website or any portion or
contents thereof, or use this site in any way which degrades its reliability,
speed or operation, or their underlying hardware or software. In addition you
may not attempt to gain unauthorized access to this website or related systems or
networks.
By submitting any User Materials on or through
the Service, you hereby grant Enoteca Maria, and other Content Providers, their
licensees, and users of this site (to the extent permitted by the Terms of Use)
the licenses to use those User Materials as set forth above in the "User
Materials" section.
You are solely responsible for any User Materials
submitted using your account. Enoteca Maria does not and cannot review all User
materials submitted by you or others and is not responsible for any User
materials submitted by you or others on or through the Service. However, Enoteca
Maria has the right (but not the obligation) to review, screen, delete, edit
and/or move any User Materials that it deems, in its sole discretion, to be in
violation of the Rules for Use of the Service, or these Terms of Use, or for
any other reason, as determined in Enoteca Maria's sole discretion.
By using the Enoteca Maria website, you agree to
abide by these rules. You acknowledge that Enoteca Maria has the right (but not
the obligation) to review, screen, delete, edit or move content or material
that it deems, in its sole discretion, to be in violation of the Rules for Use
of the Service. You further acknowledge that Enoteca Maria has the right to
limit or terminate your, or any other person's, access to or registration in
the Service for any reason, in its sole discretion, including violation of the
Rules for Use of the Service or these Terms of Use.
LIMITATION
OF LIABILITY: In no event will Enoteca Maria,
its employees, members, or third party program producers be liable (a) for any
indirect, consequential, special, incidental or punitive damages, arising out
of the use or inability to use the service, (b) relating to any content or
products available or sold on or through the service, or (c) in connection with
any third party content or materials (including user materials) or the
defamatory, infringing, offensive or illegal conduct of any third party. in no
event will Enoteca Maria, its employees, members or third party program
producers be liable for any amount in excess of $100.
RIGHT
TO CHANGE WEBSITE:
Enoteca Maria has the right to change the Enoteca Maria
Website, terminate or cease providing the Enoteca Maria web site, or delete
content, materials or features in any way, at any time or for any reason or no
reason.
International
Users:
The Service is controlled and operated within the
United States. Enoteca Maria makes no representation that content, materials or
products available on or through the Service are appropriate or available for
use outside of the United States. If you access the Service from a location
outside the United States, you are responsible for compliance with applicable
laws, including local laws regarding online conduct and content and U.S. export
laws and regulations.
Questions:
If
you have any questions about the terms of use, please contact us at
support@enotecamaria.com