Terms of Service
Welcome to ShopBalsamicVinegar.com ("SBV"), a web site owned and operated by Consuming, Inc. SBV is a free resource providing consumers with information and links related to shopping for balsamic vinegar.
SBV does not provide advice or recommendations about merchants or products listed on its web site. SBV is designed to help direct you to other sites relevant to balsamic vinegar, but does not warrant or represent the fitness for your purposes of any sites, merchants, or products listed on SBV.
You are authorized to access this Website or to use the materials contained in the Website if you agree to comply with all applicable laws and with these Terms of Service which constitute an Agreement between you and SBV. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing and using this Website, YOU AGREE TO THESE TERMS OF SERVICE. If you do not agree with them, you should leave this Website immediately. We reserve the right at our sole discretion to modify or amend this Agreement without notice at any time. You should therefore read this page regularly to learn about any changes. If you use the Website after these terms have changed, you will be deemed to have agreed to the changes.
How You May Use the Material on Our Website
All materials contained in this Website other than product descriptions and images provided by merchants are the copyrighted property of SBV. All trademarks, service marks, trade names and trade dress are proprietary to SBV and/or third party licensors. All materials in this Website shall only be used for personal, non-commercial purposes. You may view material from this Website for your own use and may download only one copy of any materials on any single computer for your personal, non-commercial use only, and you must keep all copyright and other proprietary notices attached to the downloaded material.
Any and all forms of duplication, reproduction, distribution, publication, modification, uploading, posting, copying or transmission of material from this Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of SBV. The material covered by this prohibition includes, but is not limited to, any written text, graphics, logos, photographs, audio, or video material on the Website. You are also strictly prohibited from creating works or materials that are derived or are in any way based on the materials contained in this Website including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise.
Terms Concerning Your Submissions
You are solely responsible for your own submissions, and represent and warrant that you own or have the necessary licenses, rights, and/or permission to use and authorize SBV to use all trademark, copyright or other proprietary rights in and to any and all materials you post, upload or transmit in the ways contemplated by the Website.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Website;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Website. SBV does not undertake or assume any duty to monitor the Website for inappropriate content. You acknowledge that you may not rely on any content contained on the Website.
You agree to indemnify and hold SBV and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you upload, post, transmit or make available through the Website, your use of the Website, your violation of the Terms of Service, or your violation of any rights of another.
We are not responsible for the Products or Services of Advertisers on this Website
SBV is not responsible for and does not guarantee the price or performance of any goods, products or services advertised on the Website.
Disclaimer of Warranties
THE MATERIAL IN THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. SBV DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF YOU SELECT AN AFFILIATE THROUGH CLICKING A LINK ON THIS WEBSITE TO PURCHASE GOODS OR SERVICES, YOU AGREE AND ACKNOWLEDGE THAT SBV HAS NO RESPONSIBILITY OR LIABILITY FOR THE GOODS OR SERVICES YOU PURCHASE THROUGH SUCH AFFILIATE. YOU WILL LOOK TO THE AFFILIATE AND NOT TO SBV FOR RESPONSIBILITY AND LIABILITY IF ANY FOR THE GOODS OR SERVICES PROVIDED.
SBV Potential Liability for the Website is Limited
NEITHER SBV NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. SBV WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF'THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF SBV, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Pursuant to the Digital Millennium Copyright Act, SBV has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website:
Attention: Copyright Agent
555 Bryant Street, #717
Palo Alto, CA 94301
SBV will remove infringing materials in accordance with the Digital Millenium Copyright Act if properly notified that content infringes copyright. If you believe that any material contained in this Website infringes your copyright, you should notify the above-designated agent of your copyright infringement claim. Such notification must include the following information:
- A description of the copyrighted work that is the subject of claimed infringement;
- A description of the infringing material and information sufficient to permit SBV to locate the alleged material;
- Contact information for you, including your address, telephone number and/or e-mail address;
- A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
- A statement by you that the information in the notification is accurate and, under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
If you fail to include all of information the processing of your claim may be delayed or it may be invalid. See 17 U.S.C. Section 512(c)(3) for additional information.
SBV will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
Other Important Website Use Terms
You agree that our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of our right to enforce such terms. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 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 Website must be filed within one (1) year after such claim or cause of action arose; otherwise such cause of action is permanently barred.
This Agreement is governed by, and construed in accordance with, the laws of the State of California without regard to conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the State of California or the United States District Court for the Northern District of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.