Terms of Use

Acceptance of Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Okanagan Wine Festivals Society (OWFS) owns and operates this Web, located at http://thewinefestivals.com (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE OWFS OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. OWFS may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. 

Disclaimer of Warranties

 

 

THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. OWFS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.

 

 

Linking

The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by OWFS of the contents of such third-party web sites. OWFS is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

 

 

While OWFS encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of OWFS or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. OWFS reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of OWFS.

 

 

RSS - Acceptance of Terms of Use (RSS)

IT IS IMPORTANT THAT YOU READ ALL THE TERMS OF USE CAREFULLY. Okanagan Wine Festivals Society (“OWFS”) owns and administers these RSS/XML news feeds (individually and collectively called the “OWFS Feed”) which you explicitly chose. This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may access and use the OWFS Feed. By accessing and using the OWFS Feed, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the OWFS Feed. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OWFS RESPECTING THE OWFS FEED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. OWFS may revise this Agreement at any time by updating this posting. Use of the OWFS Feed after such changes are posted will signify your agreement to these revised terms. You are encouraged to re-read this posting periodically.

 

 

Ownership (RSS)

The OWFS Feed and all materials displayed or otherwise accessible through the OWFS Feed, including, without limitation, headlines, links and other identification of sources, new articles, text, trade-marks, software and code (individually and collectively the “Feed Content”) are protected under Canadian and foreign copyright or other laws, and are owned by The OWFS, its licensors or the party accredited as the provider of the Feed Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Feed Content accessed through the OWFS Feed. Without limiting the generality of the foregoing, you acknowledge and agree that the OWFS Feed and Feed Content may not be used or reproduced except as indicated herein without the consent of The OWFS.

 

 

Licence (RSS)

Subject to the restrictions, warranties and undertakings herein, OWFS grants you a non-exclusive, non-transferable and revocable licence authorizing you to reproduce and download the English version of the News Feed and Feed Content on your computer/personal web site under the exclusive title “OWFS Feed”.

ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE OWFS FEED OR FEED CONTENT, IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPLICIT WRITTEN CONSENT OF THE OWFS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING RESTRICTIONS, YOU MAY NOT GIVE ACCESS TO THE OWFS FEED OR FEED CONTENT FROM WIRELESS MOBILE SERVICES OR AN INTERACTIVE TELEVISION SERVICE.

 

 

Journalistic control (RSS)

OWFS exercises complete journalistic control over the OWFS Feed and Feed Content, and in particular, it has the exclusive right to modify, correct, withdraw or remove the OWFS Feed and Feed Content incorporated into your web site and you agree to modify, correct, withdraw or remove the OWFS Feed and Feed Content in accordance with the decisions of The OWFS, at its complete discretion. You further agree to post the OWFS Feed and Feed Content as they have been provided to you by The OWFS, without modifying them in any manner whatsoever, or changing the order of presentation, unless OWFS explicitly indicates that you should do so or if you obtain the written consent of The OWFS. You agree not to incorporate any content from other sources to the OWFS Feed and Feed Content. You also agree to clearly indicate that the OWFS Feed and Feed Content were produced by OWFS and to post a notice of the copyright of OWFS at all times and under all circumstances. You may not archive the OWFS Feed or Feed Content. You are prohibited from modifying or manipulating in any manner whatsoever the OWFS Feed and Feed Content or allowing anyone to reproduce them. You are also prohibited from distributing the OWFS Feed and Feed Content in any manner or allowing anyone to distribute or redistribute them in any manner.

 

 

Integrity (RSS)

You agree to respect the integrity of the OWFS Feed, the Feed Content and CBC trade-marks. Furthermore, you undertake not to place the OWFS Feed and Feed Content in a context which would alter its meaning and such OWFS Feed and Feed Content must be clearly separate from content not provided by The OWFS.

 

 

Hyperlinks (RSS)

Each OWFS Feed and all Feed Content reproduced on your web site includes a clickable hyperlink to the complete news item on the OWFS web site, which hyperlink must be used “as is” and may not be removed under any circumstances. You acknowledge that the OWFS Feed must link and redirect to the appropriate OWFS web site and page when a user clicks on the Feed Content in the OWFS Feed(e.g. an event). You shall not display the OWFS Feed in a manner that does not allow for successful linking and redirection to, and delivery of the appropriate OWFS web site and page, nor may you frame any OWFS web page. Each OWFS Feed is headed by thewinefestivals.com logo..

 

 

Framing (RSS)

You undertake not to frame either the OWFS Feed or Feed Content. Representations, warranties and covenants (RSS) You represent, warrant and covenant that:

 

you are an individual and over 18 years of age;

you will use the OWFS Feed and Feed Content exclusively for your own personal, private and non-commercial use, for consultation only and only as authorized hereunder;

you are entitled to enter into this Agreement;

you will not do any promotion or advertising involving The OWFS, the OWFS Feed or Feed Content without the prior written consent of The OWFS; you will not remove, conceal or obliterate any copyright or other proprietary notice or any credit, date or other mark or source identifier included on the OWFS Feed and Feed Content including, without limitation, the size, colour, location or style of any OWFS trade-mark.

 

Trade-marks (RSS)

All trade-marks contained in the OWFS Feed or posted through the OWFS Feed are official marks or trade-marks of the trademark registrant. Nothing contained in the OWFS Feed or posted or available through the OWFS Feed should be construed as granting you any license or right to use any trade-mark, logo or design of OWFS or of any third party, without the written permission of OWFS or the respective owner of any third-party trade-mark.

 

 

DISCLAIMER OF WARRANTIES (RSS)

THE OWFS FEED AND FEED CONTENT ARE PROVIDED AS IS. BY ACCESSING AND USING THE OWFS FEED, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO ENTIRELY AT YOUR OWN RISK. OWFS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OWFS FEED AND THE FEED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY (I) THAT THE OWFS FEED AND/OR THE FEED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT THE FEED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE OWFS FEED WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE OWFS FEED WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE OWFS FEED WILL BE CORRECTED; (V) THAT THE OWFS FEED WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE OWFS FEED WILL BE SECURE OR NOT INTERCEPTED.

 

 

LIMITATION OF LIABILITY (RSS)

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE OWFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (individually a Releasee, together “Releasees”), BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE RELEASEE KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

IN NO EVENT SHALL A RELEASEE BE LIABLE FOR YOUR ACTIVITY RELATING TO THE OWFS FEED AND THE FEED CONTENT. OWFS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE OWFS FEED OR ANY ADVERTISER OR SPONSOR OF THE OWFS FEED, AS THE CASE MAY BE, (INDIVIDUALLY OR COLLECTIVELY, A “THIRD PARTY USER”). UNDER NO CIRCUMSTANCES SHALL A RELEASEE BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, OWFS FEED, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE THROUGH NEWS FEED LINKED TO OR FROM THE OWFS FEED.

 

 

No advice (RSS)

The information contained in the OWFS Feed is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

 

 

Netiquette and linking (RSS)

When you use one of the functions of the OWFS Feed, you must follow the netiquette rules and not: (a) hinder or prevent another user from using or taking advantage of the OWFS Feed, hinder or attempt to hinder the proper operation of the OWFS Feed, at the absolute discretion of The OWFS ; (b) post or send in connection with the OWFS Feed any information or link or associate OWFS with any information which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or which may be damaging or detrimental to the activities, operations, credibility or integrity of The OWFS, (ii) violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights; iii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner or provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; iv) which solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (v) contains a virus or other harmful component, or provides or creates computer viruses; or (vi) constitutes junk mail, chain letters, unsolicited mass mailing or spam; or (c) use the OWFS Feed for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions that contain advertising, engage in commercial activities and/or sales, or involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. OWFS reserves the right to prohibit or refuse to accept any link to the OWFS Feed and/or Feed Content, including, without limitation, any link that contains or makes available any content or information of the foregoing nature. You agree to remove any link you may have to the OWFS Feed and/or the Feed Content upon the request of The OWFS.

 

 

You acknowledge and agree that OWFS may, in its sole discretion, monitor the OWFS Feed periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or court request, to operate the OWFS Feed properly or to protect itself or other users of the OWFS Feed. Any such disclosure shall be in accordance with The OWFS's Privacy Policy at http://www.thewinefestivals.com.

 

 

YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, REPRESENT YOURSELF AS SOMEONE ELSE, COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF ANY ACCOUNT. IF YOU USE, OR ATTEMPT TO USE THE OWFS FEED OR FEED CONTENT BEYOND THE SCOPE OF THE LICENSE GRANTED IN THIS AGREEMENT, OR BEYOND THE SCOPE EXPRESSLY GRANTED BY THE OWFS , OR ATTEMPT TO TAMPER, HACK, SPOOF, USE ROBOTS OR SCRIPTS, COPY, DISTRIBUTE, STORE, MODIFY, OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY, OR PROPER FUNCTION OF ANY PART OF THE OWFS FEED OR FEED CONTENT, THEN, IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO APPROPRIATE LEGAL AND EQUITABLE ACTION.

 

 

Indemnification (RSS)

You agree to indemnify, defend and hold harmless Releasees from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the OWFS Feed or the Feed Content or other RSS feed to which the OWFS Feed is or may be linked from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the OWFS Feed; and/or (iv) your violation of any law or regulation.

 

 

Security (RSS)

Please note that information sent or received over the internet is generally not secure and OWFS cannot and does not make any representation or warranty concerning security of any communication to or from the OWFS Feed or any representation or warranty regarding the interception by third parties of personal or other information.

 

 

Termination (RSS)

OWFS may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the OWFS Feed and Feed Content (or any portion thereof). OWFS may also terminate your right to access and use the OWFS Feed, or any part thereof, if you breach any term or condition of this Agreement.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY WILL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT.

The sections of this Agreement entitled “Limitation of Liability” and “Indemnification” survive termination of the Agreement. Obligation on expiry or termination (RSS) Upon expiry or termination of this Agreement, you shall immediately remove from your web site or computer any OWFS Feed and Feed Content, hyperlink or other mention of The OWFS.

 

 

Governing Law and Jurisdiction (RSS)

The English language OWFS Feed is administered by OWFS from its offices within the Province of British Columbia, Canada. By accessing or using the OWFS Feed, you agree that this Agreement, all matters relating to your access to, or use of, the OWFS Feed and/or the OWFS Feed Content shall be exclusively governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. This Agreement will be deemed to have been performed in the Province of British Columbia and you agree and hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in and for the judicial district of Kelowna and of the Federal Court of Canada with respect to such matters, and you waive any objection to venue or any claim of inconvenient forum. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

General (RSS)

Any consent by OWFS to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties, and you shall not assume the function of agent for The OWFS, or make statements or contract obligations on behalf of The OWFS. Except for any agreements with OWFS that expressly reference this Agreement, this is the entire agreement between you and OWFS relating to the matters contained herein.

 

 

Security

Please note that information sent or received over the Internet is generally unsecure and OWFS cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.

 

 

General

Any consent by OWFS to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with OWFS that expressly reference this Agreement, this is the entire agreement between you and OWFS relating to the matters contained herein.

 

 

Ownership

All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by OWFS, its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF OWFS.

 

 

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OWFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OWFS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OWFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF OWFS HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

IN NO EVENT SHALL OWFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF OWFS OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

OWFS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL OWFS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.

 

 

IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU HEREBY RELEASE OWFS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.

 

 

Software Licenses and Ownership

All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by OWFS, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

 

 

If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

 

 

Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.

 

 

All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Online Commerce

The Web site may allow you to purchase many different types of products and services online that are provided by OWFS (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.

Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. OWFS, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. OWFS, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.

 

 

You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. OWFS, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, OWFS, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.

 

 

The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). OWFS is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by OWFS.

 

 

You release OWFS and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.

 

 

Registration

To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If OWFS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OWFS has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). OWFS's use of any personally identifying information you provide as part of the registration process is governed by the terms of OWFS's Privacy Policy.

 

 

Termination

OWFS may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). OWFS may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.

 

 

No Advice

The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

 

Submissions

The Web site may provide features that allow you to post messages and content, to interact with OWFS and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of OWFS imposes an unreasonable or disproportionately large load on the OWFS website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

 

 

By posting or uploading Submissions to the Web site, you grant OWFS a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of OWFS; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that OWFS is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.

 

 

OWFS may review Submissions before they are posted. OWFS may refuse to post any Submission to the Web site. OWFS reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that OWFS may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with OWFS's Privacy Policy.

 

 

OWFS is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of OWFS.

While OWFS is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).

 

 

Notice and Procedure for Making Claims of Copyright Infringement

It is the policy of OWFS to respond to claims of intellectual property infringement. OWFS will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to http://www.thewinefestivals.com

To be effective, the notification of infringement must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and; 

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Passwords

 

 

To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify OWFS immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. OWFS cannot and will not be liable for any loss or damage arising from OWFS'S failure or your failure to protect your password or account information.

 

 

Governing Law and Jurisdiction

The Web site (excluding linked Web sites) is controlled by OWFS from its offices within the Province of British Columbia, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of British Columbia with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.