Terms & Conditions
The Site is edited by Hardy Fit LLC dba SmartVine (the “Company”).
Any use of this Site by any person (“you” or the “user”) is governed by these terms and conditions of use (Terms and Conditions). The purpose of these Terms and Conditions is to define the conditions of access, navigation, and use of the Site. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of www.smartvine.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Company provides this Site only for users age 21 years and older in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.
NAVIGATION ON THE SITE
Access to the Site
Necessary hardware and software to access Internet and this Site are under sole liability of the users.
The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.
It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site.
The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, the Company cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.
Each user warrants that he / she:
- Is 21 years of age or older,
- Will use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
- Will provide, when relevant, personal data being true, up-to-date and accurate.
When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, the Company, its subsidiaries, affiliates and third parties.
User must notably refrain from:
- uploading, displaying, sending by e-mail or by any other means any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
- disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
- infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending “spams” or overloading the Site messaging system,
- consulting privileged or nonpublic information or accessing a server or account for which the user is not expressly granted access to,
- trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Company,
- conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,
- uploading, displaying, posting, sending by e-mail or by any other means any unsolicited or unauthorized commercial or promotional content, junk mails, spasm, chains or any other solicitation,
- uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like,
- sending or forwarding by e-mail or by any other mean any content of the Site to people under the age of 21 years.
- Each user must comply with any and all applicable regulations, laws and rules related to user’s behavior on the Internet and transmission of technical data.
When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms and Conditions, without prejudice to claim damages to such defaulting user.
User generated content (when applicable)
Users are solely liable for any content they may post or upload onto the Site and the consequences of disclosing or broadcasting such content. The Company does not approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content.
However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms and Conditions, may be offensive, illegal, or otherwise objectionable in any way.
User accepts that the Company may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site.
The Company ensures the protection of personal information disclosed by users of the Site.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SmartVine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SmartVine content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SmartVine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SmartVine or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by SmartVine from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SmartVine Content accessed through www.smartvine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SmartVine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SmartVine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SmartVine in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HARDY FIT LLC DBA SMARTVINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HARDY FIT LLC DBA SMARTVINE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HARDY FIT LLC DBA SMARTVINE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SmartVine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SmartVine as a result of this agreement or use of the Site. SmartVine's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmartVine's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SmartVine with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SmartVine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SmartVine with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SmartVine reserves the right, in its sole discretion, to change the Terms under which www.smartvine.com is offered. The most current version of the Terms will supersede all previous versions. SmartVine encourages you to periodically review the Terms to stay informed of our updates.
SmartVine welcomes your questions or comments regarding the Terms. Please contact us at email@example.com.
Effective as of October 18, 2018