Terms of Service
Puro Wine™ legal conditions and TERMS OF SERVICE
These Puro Wine™ Legal Conditions and Terms of Service ("Agreement") constitute a legally binding agreement made by and between Arauco Imports LLC d/b/a Puro Wine (“Puro”) and you, whether personally or on behalf of an entity (“you”), concerning your access to and use of Puro’s internet site (“Site”).
1. Consent; Applicability
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PURO RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME. TO ENSURE THAT YOU HAVE REVIEWED THE MOST RECENT VERSION OF THIS AGREEMENT PLEASE CHECK THE LAST REVISION DATE AT THE END OF THIS AGREEMENT. YOUR CONTINUED USE OF THE PURO SITE WILL CONSTITUTE YOUR ACCEPTANCE OF AND ASSENT TO ANY CHANGES.
The following terms will have the meanings indicated:
(a) “Agreement” means these Legal Conditions and Terms of Service .
(b) “Puro Marks” means Puro Wine™, www.puro-wine.com, and all other trademarks, service marks, graphics, logos and domain names used in connection with Puro and belonging to Puro.
(c) “Third-Party Website” means an Internet-based or wireless website neither owned nor controlled by Puro, or any other website as to which a link is available on the Puro Site.
3. Use of Site
(a) You agree not to take any action that would undermine the functionality of the Site, or to engage in any action to decrease the speed or efficiency of the Site.
(b) Your use of and access to the Site, and the images, text, descriptions and other materials displayed on the Site (“Content”) is strictly limited to your non-commercial, personal purposes and/or to learn about Puro products and services and the country of Chile in general. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Puro reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site.
(d) You may link to the Site under the following terms and conditions.
(i) Unless specifically authorized in advance in writing, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site.
(ii) You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
(iii) You may not state, infer or suggest any endorsement by Puro as part of the link to the Site.
(iv) Please use this button to link to the Site when Puro’s business is relevant to your own activities. However, no use is permitted to attract attention or to suggest any endorsement or sponsorship by, or affiliation with Puro.
(e) Puro cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
4. Submission of Content or Ideas
(a) Neither Puro nor its employees, officers, directors or agents accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials; unsolicited new product names or lines; or other unsolicited matters. Any unsolicited matter will be deemed to be donated to Puro for its unrestricted use without any license, royalty or other payment required. Regardless of any language contained in your posting, email, letter, or other transmission, (1) your idea will automatically become the property of Puro, without any compensation to you; (2) Puro will have no obligation to return your idea to you or respond to you in any way; (3) Puro will have no obligation to keep your idea confidential; and (4) Puro may use your idea for any purpose whatsoever, including giving your idea to others.
(b) Puro welcomes feedback regarding its business and Site that will help satisfy customer's needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a voluntary and uncompensated suggestion in line with our unsolicited idea policy.
(c) Puro does not want to receive confidential or proprietary information from third parties using the Site. You agree that any material, information, or data you transmit to us will be considered non confidential and non proprietary. You guarantee the following regarding any communications to Puro through the Site: (1) you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Puro the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, and with no compensation to you even if Puro obtains revenue from all or any part of the material.
5. Intellectual Property Rights
The Puro Marks are trademarks or registered trademarks of Puro. Other trademarks, service marks, graphics, logos and domain names appearing on the Puro Site may be the trademarks of third parties. Neither your access to and use of the Puro Site nor this Agreement grant you any right or license to reproduce or otherwise use the Puro Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Puro Marks generated as a result of your use of the Puro Site will inure to the benefit of Puro, and you agree to assign, and hereby do assign, all such goodwill to Puro. You shall not at any time, nor shall you assist others to, challenge Puro’s right, title, or interest in or to, or the validity of, the Puro Marks.
(b) Copyrighted Materials; Copyright Notice
All content and other materials available on the Puro Site, including without limitation the Puro logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Puro or are the property of Puro’s licensors and suppliers. Except as explicitly provided, neither your access to and use of the Puro Site nor this Agreement grant you any right, title or interest in or to any such materials, and you may not use such materials without express written permission of the copyright owner. Copyright © 2011 to the present, Arauco Imports LLC. ALL RIGHTS RESERVED.
7. Communications with Puro
(a) Notices: All notices required or permitted to be given under this Agreement must be in writing. Puro shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Puro. You bear the sole responsibility of ensuring that your email address on file with Puro is accurate and current, and notice to you shall be deemed effective upon the sending by Puro of an email to that address. You shall give any notice to Puro by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to 161 Grand Street, New York, New York 10013. All notices to Puro will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from Puro electronically satisfies any legal requirement that such notice be in writing.
(b) Customer Service: All questions or comments concerning the use or functioning of the Puro Site should be directed to Puro at firstname.lastname@example.org . All comments submitted to Puro and concerning the Puro Site or Puro’s business will belong to Puro. By providing comments, you agree to assign, and hereby do assign, to Puro, to the fullest extent permitted by law, all right, title and interest, including all intellectual property rights, in and to such comments. Puro will be free to use all comments, and all ideas, concepts or techniques embodied in all comments, for any purpose whatsoever, including without limitation by developing, manufacturing and marketing products or services, whether related to the Puro Site or not, or incorporating such ideas, concepts, or techniques.
8. Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties
THE PURO SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND PURO AND PURO’S CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, PURO AND PURO’S CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATION OR WARRANTY:
(i) REGARDING ACCESS TO OR USE OF, OR THE RESULTS OF THE USE OF, THE PURO SITE WITH RESPECT TO PERFORMANCE, ACCURACY, TIMELINESS, RELIABILITY, SECURITY CAPABILITY, OR OTHERWISE, OR THAT THE PURO SITE WILL BE SUITABLE FOR ANY PURPOSE OR WILL OTHERWISE MEET YOUR REQUIREMENTS;
(ii) THAT ACCESS TO OR USE OF THE PURO SITE WILL NOT INFRINGE ANY THIRD-PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS;
(iii) THAT YOUR ACCESS TO AND USE OF THE PURO SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
(iv) THAT CONTENT AVAILABLE ON THE PURO SITE IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; OR,
(v) THAT CONTENT AVAILABLE ON THE PURO SITE WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE PURO SITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PURO OR PURO’S CONTRATORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PURO SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE PURO SITE AS TO PURO OR PURO’S CONTRACTORS OR LICENSORS.
(b) Conduct, Goods and Services of Third Parties
(c) Exclusion of Damages
PURO AND PURO’S CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE PURO SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL PURO OR PURO’S CONTRACTORS OR LICENSORS, AS APPLICABLE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACCESS TO OR USE OF THE PURO SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, EVEN IF PURO OR PURO’S CONTRACTORS OR LICENSORS, AS APPLICABLE, WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST PURO AND PURO’S CONTRACTORS AND LICENSORS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE PURO SITE EXCEED $25. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PURO. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. PURO’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS.
You understand and agree that you are personally responsible for your activities on the Site. You agree to indemnify, defend and hold harmless Puro, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use or misuse of the Site or any violation by you of this Agreement.
10. Force Majeure
Puro will not be liable for failing to perform under this Agreement, nor shall it have liability for delays or damages due to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to obtain parts or supplies or network access, transportation facilities, fuel or energy shortages, acts or omissions of any common carrier or its agent (including both local and long distance exchange companies), any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency or other causes beyond its control whether or not similar to the foregoing.
Nothing on the Puro Site guarantees the availability, quality or any other aspect of any product or service at any time.
12. General Representation and Warranty
You represent and warrant that your access to and use of the Puro Site will be in accordance with this Agreement and any other Puro policies, and with any applicable laws or regulations.
(a) Entire Agreement; Amendment
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of Puro. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(d) Third Party
Except for Puro’s investors, officers, directors, employees, contractors and licensors, there are no third-party beneficiaries to this Agreement.
(e) Choice of Law; Venue and Personal Jurisdiction
This Agreement, including without limitation its interpretation and enforcement, and all disputes arising thereunder or relating thereto, or to the Puro Site or the advertising therefor, will be governed by and construed under the laws of the State of New York, without regard to that state’s conflict of laws principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT, THE PURO SITE OR THE ADVERTISING FOR THE PURO SITE WILL BE THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK CITY, NEW YORK. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF, SUCH COURTS.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Puro or Puro’s licensors, as the case may be, and would therefore entitle Puro to injunctive relief.
(g) Attorneys’ Fees.
In the event of any suit, action or arbitration between you and Puro, including but not limited to any and all suits, actions or arbitrations to enforce this Agreement or any provisions thereof, Puro shall be entitled to recover its costs, expenses and reasonable attorneys’ fees, at arbitration, at trial and on appeal, in addition to all other sums allowed by law.
(h) Extended Meanings
In this Agreement the singular includes the plural, and vice versa, and words importing any gender include all genders. Words importing persons include individuals, partnerships, associations, trusts, unincorporated organisations and corporations. The term “including” means “including without limiting the generality of the foregoing”.