Terms of Use
Welcome
to the Grapevine Club website (the "Site"). The products and services on
the Site are offered to you by Lucci Club Inc. ("Lucci Club") subject to
the following terms and conditions. By using the Site and the products
and services offered through it, you signify that you have read,
understand and agree to be bound by these terms and conditions of use
and all related rules, policies, conditions and guidelines (the "Terms
of Use"). We reserve the right to, at our sole discretion, change,
modify, add or delete portions of these Terms of Use at any time without
further notice. If we do this, we will post the changes to the Terms of
Use on the Site. Your continued use of the Site after any such changes
constitutes your acceptance of the revised Terms of Use.
Use of Materials on Site
You
may download, store, display on your computer, view, listen to, play
and print any data, messages, text, images, photographs, graphics,
logos, icons, audio and video clips, digital downloads, data
compilations, and documents such as press releases, papers and programs
(the "Materials") that Lucci Club publishes or broadcasts on the Site or
makes available for download through the Site subject to the following:
(a) the Materials may be used solely for your personal, informational,
noncommercial purposes; (b) the Materials may not be modified or altered
in any way; and (c) the Materials may not be redistributed.
Copyright and Trade-Marks
You
agree that all content included on the Site, including but not limited
to text, graphics, logos, icons, images, audio clips, digital downloads,
data compilations, textual downloads and software, is the property of Lucci Club and is protected by Canadian and international trade-mark and
copyright law.
You agree that
all of Lucci Club's trademarks, trade names, service marks and other Grapevine Club logos and brand features, and product and service names are
the property of Lucci Club (the "Lucci Club Marks"). You agree not to
display or use the Lucci Club Marks in any manner without Lucci Club's
prior written consent.
Privacy
No
user of this Site will ever be able to gain access to your personal
information. Lucci Club will not share any personal information and your
contact information will only be used for Lucci Club communications and Lucci Club notifications. Please refer to the Lucci Club Privacy Policy
for further information.
Passwords
You
are responsible for safeguarding the password that you use to access Grapevine Club and for any activities or actions under your password. We
encourage you to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with
your account. Lucci Club shall not be liable for any loss or damage
arising from your failure to comply with the above requirements.
Site Communication
Lucci Club reserves the right to delete or remove comments or messages
communicated between users on the Site, and to suspend or terminate Lucci Club accounts, that do not conform to the following Lucci Club guidelines (the "Guidelines") at the discretion of the Lucci Club page
administrators.
The Guidelines
include but are not limited to the following: The use of advertising,
profanity and/or any abusive, threatening, defamatory, racist, obscene
or patently false statements are prohibited. The Site is not a gambling
website and, accordingly, any comments, messages or communication
relating to gambling, betting, wagering or the facilitation thereof are
strictly prohibited. Any comments used on the Site may not contain spam.
Comments of disagreement should be respectful of others' opinions.
Where applicable, commenters must disclose conflicts of interest.
Comments may not contain links to content that is in violation of the
above.
Activities Prohibited on the Site
The
following is a partial list of the kinds of conduct that are illegal or
prohibited on the Site. Lucci Club reserves the right to investigate
and take appropriate legal action against anyone who, in its sole
discretion, engages in any of the prohibited activities. Prohibited
activities include, but are not limited to, the following:
Using the Site for any purpose in violation of local, provincial, federal, or international laws;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Breaching any of the Guidelines contained herein;
Engaging
in any other conduct that restricts or inhibits any other person from
using or enjoying the Site, or which, in the sole discretion of Lucci Club exposes Lucci Club or any of its users to any liability or
detriment of any type.
Lucci Club reserves the right to terminate a user's access to the Site upon any breach of these Terms of Use.
Usernames
Your
username for Grapevine Club is unique to you, and will be how people will
identify you on the Site. Usernames must be appropriate and cannot
contain any sort of profanity.
Disclaimer of Warranties and Limitation of Liability
EXCEPT
WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED
ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. LUCCI CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ALL
CONTENT, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE
SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
IN NO EVENT WILL LUCCI CLUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATE OR
USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR
ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN
LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID,
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE
DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
Applicable Law
You
agree that these Terms of Use and the relationship between you and Lucci Club shall be governed by the laws of the province of Ontario and
Canada without regard to its conflict of law provisions. You and Lucci Club agree to submit to the exclusive jurisdiction of the courts
located within the province of Ontario.
Waiver and Severability of Terms of Use
The
failure of Lucci Club to exercise or enforce any right or provision of
the Terms of Use shall not constitute a waiver of such right or
provision. If any provision of the Terms of Use is found by a court of
competent jurisdiction to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of any
remaining provisions.
Indemnification
You
agree to indemnify, defend, and hold Lucci Club, its officers,
directors, employees, agents, licensors, and suppliers, harmless from
and against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees and
expenses, resulting from, or alleged to result from, your violation of
these Terms of Use.
Termination
Lucci Club has the right to terminate your account and access to the Site
for any reason, including, without limitation, if Lucci Club in its sole
discretion, considers your use to be unacceptable, or in the event of
any breach by you of the Terms of Use (either directly or through breach
of any other terms and conditions or operating rules applicable to
you). Lucci Club may but shall be under no obligation to provide you a
warning prior to termination of your use of the Site.
Notice
Lucci Club may deliver notice to you under these Terms of Use by means of
electronic mail, a general notice on the Site or by written
communication delivered by first class mail to your address on record in
your Lucci Club account.
We
may assign our rights and obligations under these Terms of Use. These
Terms of Use will inure to the benefit of our successors, assigns and
licensees. The failure of either party to insist upon or enforce the
strict performance of the other party with respect to any provision of
these Terms of Use, or to exercise any rights under these Terms of Use,
will not be construed as a waiver or relinquishment to any extent of
such party's right to assert or rely upon any such provision or right in
that or any other instance; rather, the same will be and will remain in
full force and effect.