LAST UPDATED: January 20, 2012
THE LITTLE GRAPE THAT COULD
(a) This website at <thelittlegrapethatcould.com> (“this website”) is provided by The Little Grape That Could Awareness Initiatives (the “Company”, “us”, “our” or “we”), a not-for profit corporation incorporated under the laws of the Province of Ontario. The information provided on this website to a user of this website (“you”, “your or the “User”) is for information purposes and for your general use, interest and entertainment only.
(d) We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this website, including (i) removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, this website, or (ii) adding, removing or changing any fees or charges for use of this website or any feature of this website. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website at any time without notice, but confirms that it has no duty to do so. The Company and its service providers will also have the right to terminate your use of this website as set out below under the heading “Termination of Use”.
- Use of this Website
(a) This website is intended to be used and accessed by residents of Canada who are of legal drinking age in the province in which they reside. Certain sections of this website are intended for particular audiences, such as charitable organizations.
(a) This website and the Content are provided on an “AS IS” and as available basis; any access to, use of, modification to or reliance on this website and the Content shall be at your sole risk. The Company and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (collectively, the “Company Representatives”), cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to this website or the Content of this website, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that this website or its Content will meet your requirements or will be compatible with your computer or related equipment, photograph equipment or software; (iii) that this website or its Content is accurate, valid, reliable, authentic, current, or complete; or (iv) that this website will continue to operate, operate without interruptions or be error-free.
(b) In addition, the Company Representatives make no representation or warranty that this website or its Content is appropriate or available for use at any location. Accessing this website or its Content from locations where its contents are illegal is prohibited. Those who choose to access this website or its Content from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.
(c) You understand and agree that Company Representatives cannot and do not guarantee or warrant that files available for downloading from this website will be free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the prevention of such contaminating or destructive code, and for the accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. Company Representatives do not assume any responsibility or risk for your use of the Internet.
(e) You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this website, User Modifications and Content, and that you will comply with all laws that apply or may apply to your use of or activities on this website or in respect of the Content or the User Modifications. The Company may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company reserves the right at all times to disclose any information (including User’s personal information) regarding his/her usage of this website or its Content (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
- Charity Registration Guidelines
- Third Party Content.
(a) Certain links on this website may take you to other third party websites. The Company provides these links only as a convenience and is not responsible for the content of any such linked pages. The Company makes no representation or warranty regarding, and does not endorse or have any responsibility for third party Content or the providers of such links or Content, any linked websites, the information appearing thereon or any of the products or services described thereon. Should you leave this website via a link contained herein, and view content that is not provided by or on behalf of us, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
(b) You should not construe anything on this website as a promotion or solicitation for any third party product or service, or for use of any Company or third party product or service that is not authorized by the laws and regulations of Canada. If you follow these links or third-party materials you do so at your own risk.
(c) In addition, the Company does not wish, without express consent, to be linked to or from any third-party website. The Company reserves the right to prohibit or refuse to accept any link to this website at any time and may remove a link without notice. You agree to remove any link to this website you may have acquired or stored upon the request of the Company.
- Intellectual Property
All Content of this website is owned or used under license by the Company, and is subject to copyright protection. The Company does not waive any of its proprietary rights to such content. The Company grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display and electronically copy, download and print hard copy, for non-commercial use only, documents or pages published by the Company on this website, provided that any copy of these documents or pages which you make shall retain all copyright or proprietary notices and any disclaimers contained herein. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the Content of this website, without prior written permission of the Company, is prohibited. The availability of any Content through this website shall under no circumstance constitute a transfer of any copyrights, Trade-marks or other intellectual property rights of the Company to any website user or any third party. This website and the Content are protected by Canadian, U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any content you obtain from this website.
Certain names, graphics, logos, icons, designs, words, titles and phrases displayed on this website, whether or not appearing in large print or with or without the trade-mark symbol, are registered and unregistered trade-marks, trade names, and trade dress of the Company or of third parties (hereinafter collectively referred to as “Trade-marks”) and used under license by the Company. Your adoption and/or use of the Trade-marks displayed on this website, or any other Content of this website, except as provided herein, is strictly prohibited. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on this website without the written permission of the Company or such third party that may own the Trade-marks displayed at this website.
Please be advised that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The Company respects the intellectual property rights of others. If you believe that your work has been copied and appears on this website in a way that constitutes infringement of your intellectual property rights, please notify us by contacting the Company here http://thelittlegrapethatcould.com/contact-us/. The Company reserves the right to remove content that infringes upon the intellectual property rights of others and to terminate use of this website as set out below under the heading “Termination of This Agreement”.
(a) All information that you provide through this website or in connection with any material submitted, must be true, accurate, current and complete, and where applicable, must be updated by you promptly upon the occurrence of any change in such information.
(b) The Company and its service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, the Company or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update any information that you submit via this website.
(c) The Company appreciates hearing from its customers and welcomes your comments regarding this website and/or the Company’s services. However, it is our policy not to accept unsolicited ideas about new products or services, advertising or marketing concepts or improvements. We employ a staff and consultants that may be working on ideas that are the same or similar to yours. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and becomes our property. The Company shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without consultation with or compensation to you. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of the Company as well as the right to receive any financial or other consideration in connection with such communication.
(d) If you send any expressions, works, images, ideas, suggestions or other material in any format, whether solicited or not (“Submissions”) to the Company or this website (including in connection with the “Celebrate a Friend” function of this website), you automatically grant to the Company and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the Company or its successors or assigns, and you agree, represent and warrant that you shall waive all moral rights (including the right to be associated with the Submission) in the Submissions upon their submission to this website.
- Restricted Uses
You shall not modify the Content from the form as presented on this website without acknowledging the source of the Content so modified (the “User Modifications”). Any User Modifications shall be made solely to the extent necessary to adapt the Content to your own personal use. Any User Modifications shall not modify, edit or delete any copyright, Trademark, or any other proprietary notice or legend appearing on any of the Content.
You may not, nor may you allow others to, directly or indirectly, and in each case as applicable:
(a) use this website in any manner that communicates, depicts or encourages (A) immoderate or irresponsible consumption of alcohol, (B) consumption of alcohol by individuals who appear to be under legal drinking age, (C) an association between consumption of alcohol and any skilled or dangerous activity, or (D) consumption of alcohol in general;
(b) copy any Content from this website onto your own or any other website;
(c) include any Content from this website in or with any product or service that you create or distribute;
(d) remove, from any copy of the Content of this website, the copyright or other proprietary notices contained therein; sell, reproduce, modify or attempt to modify such Content in any way or reproduce or publicly display, perform, or distribute or otherwise use such Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of such Content on any other website; or transfer any of such content to any other person unless contemplated by the website, without the prior written consent of the Company;
(e) print or copy any of the HTML or other computer software that is accessible from this website;
(f) without the written permission of the Company, “mirror” any content of this website on any other server;
(g) use this website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this website (including without limitation uploading, posting or otherwise transmitting on this website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this website in whole or in part);
(i) use this website in any manner that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (B) dilute or depreciate the name and reputation of the Company, partners, licensors, content providers, service providers or contractors thereof, and any Trade-marks, as applicable; (C) interfere with any other persons’ use and enjoyment of this website or of the Internet generally; (D) result in the circumvention or breach of any user authentication, password, security or control measures regarding this website or any other Internet resource or computer system; (E) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any Company Representative; or (F) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.
(j) except for entering into transactions with the Company, use this website for commercial purposes or activities including: (A) selling or offering to sell any goods or services; (B) soliciting for advertisers or sponsors; (C) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person; (D) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (E) soliciting for donations; or (F) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or
(k) use this website or the Content of this website in any data matching or data mining, including the collection or use of information about other users (including their e-mail addresses) without their consent;
(m) use or attempt to use another’s information in connection with this website, create or use a false identity on this website; impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity, or attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; use an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or provide any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
(n) disrupt or interfere with any other person’s use or enjoyment of this website or affiliated or linked sites, or any services thereof; transmit on, to or from this website spam, chain letters, junk mail or any other type of unsolicited mass e-mail, without each individual’s consent and without complying with the requirements of applicable privacy legislation; or
(o) post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this website, and that you will comply with all laws that apply or may apply to your use of or activities on this website or in respect of the content contained therein. The Company may investigate occurrences which may involve violations of such laws, and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request.
Except as provided herein, none of the content of this website may be copied, resold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, whether now known or developed in the future, without the prior written permission of the Company or the intellectual property right owner.
- Privacy Statement
The Company respects the privacy of every individual who visits this website. Please see our Privacy Statement that explains your rights and our responsibilities with respect to information that is collected on this website, which is available at http://thelittlegrapethatcould.com/privacypolicy/.
Terms and Conditions Applicable to Celebrate a Friend
(a) The Company reserves the right in its sole discretion to refuse to process or to terminate at any time a Celebrate a Friend request for any reason.
(b) By submitting personal information and/or photographs in connection with a Celebrate a Friend request, you represent and warrant that:
(i) each person whose personal information is submitted to the Company (I) has consented to such disclosure to Company and (II) consented to the collection, use and disclosure of such information by Company for the purpose of fulfilling your Celebrate a Friend request (including publishing the personal information on this website and on wine bottles as described on the Celebrate a Friend section of this website); and
(ii) you have the right to submit and make copies of any information or photographs submitted by you, and to authorize the Company to copy, use, publish and display on this website such information and photographs, and by submitting a Celebrate a Friend request you are providing such authorization.
(c) By submitting a Celebrate a Friend request, you represent and warrant that your request and the fulfillment of your request by the Company is in compliance with applicable laws and does not breach or infringe on any third party rights.
(d) By submitting a Celebrate a Friend request, you agree that you will be solely responsible for any breach of any applicable laws or third party rights, including privacy rights, and copyright or moral rights infringements. Should anyone make a complaint or claim against the Company, because a Celebrate a Friend request has breached rights or caused damages (e.g. because you have failed to obtain the proper permissions and consents as described above), you will be solely responsible and, you agree to fully indemnify the Company in respect of such complaint or claim.
- Limitation on Liability
You agree that neither the Company, nor any of the other Company Representatives shall have any responsibility or liability in connection with this website, the Content or the User Modifications, to the User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this website, the Content, the User Modifications, any content of any linked site, or failure of such sites, (including any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites) even if the Company or any of the other Company Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
- Applicable Law
This website and the Content are intended to comply with the provincial and federal laws and regulations of Canada, and the Content pertaining to the Company’s services is intended for use only by Canadian residents of legal drinking age [in the province in which they reside]. The Company makes no representation or warranty that the Content is appropriate or available for use by others or in other countries, and access to it by residents under the legal drinking age [in the province in which they reside] or from outside of Canada is prohibited. Those who choose to access this website from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this website is void where prohibited.
(b) The Company or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use this website and/or the Content; (ii) suspend, terminate, remove or permanently delete and destroy, as applicable, any of your: (A) registered account with the Company; (B) ID, password, URL, IP address or domain name; or (C) any material that you or others may have posted or submitted to this website; (iii) restrict access to the materials posted or submitted to this website; and (iv) bar you from any future use of this website; all without any prior notice or any liability to you or any other person, and you agrees to comply with all such measures.
- Governing Law
(e) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company.
(g) The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on this website.