Scope and Applicability.
BY VIEWING THE WEB SITE AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, LDM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
LDM may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
Use of the Services.
In accordance with the terms and conditions of this Agreement, LDM grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non-commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by LDM and/or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of LDM, nor use the content or information made available through the Services for any unlawful purpose. You may not replay for commercial purposes video and/or audio materials available on LDM's (s). Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of LDM to you. Violation of this policy may result in infringement of the intellectual property and contractual rights of LDM, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of LDM and/or the Information Provider. Notwithstanding the foregoing, you may print hard copies of pages from the Web site(s) and the printable versions displayed therein for your personal, temporary, non-commercial use, provided you maintain all copyright and other notices contained therein. No other copying of the Web site(s), in whole or in part, is permitted without LDM's prior express written authorization.
You agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees or other users; (2) the conduct of any business, advertising, marketing or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees or other users. At all times, you agree to maintain a valid e-mail address with us.
When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the Web site; or (3) accessing data not intended for such user.
Hyperlinks on LDM Web Site(s).
LDM may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties. LDM does not control or maintain the material presented by other persons in their Web sites. The inclusion of any link on our Web site(s) does not imply an association or relationship between LDM and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval or sponsorship of the linked site by LDM, or the endorsement, approval or sponsorship of LDM by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites. If you use any of the links, you will leave our Web site(s).
Linking to LDM Web Site(s).
You may not link other sites to the LDM Web site(s) without prior authorization by LDM, which may be withheld for any reason. In all circumstances, you may not frame or alter the appearance of the LDM Web site(s) or reproduce or host LDM content on your Web site. Further, you may not state or imply that LDM endorses, sponsors or otherwise approves your site. You may not use any of LDM's trademarks or logos without LDM's prior written consent.
Responsibility for Content.
The Services available on LDM's Web site(s) provide information about wine, food and other related topics and are provided for informational purposes only. LDM does not encourage overindulgence in wine or food and is opposed to the operation of vehicles while under the influence of alcohol. LDM encourages the use of a designated driver as a standard practice for all occasions.
Submissions to Web Site(s).
All concepts, ideas, comments, manuscripts, illustrations and all other materials disclosed or offered to LDM on or in connection with its Web site(s) are submitted without any restrictions or expectation of confidentiality. LDM shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. LDM shall have the right to use, publish, distribute, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
LDM does not represent or warrant that information and content provided in connection with the Services is or will be always up-to-date, complete, accurate or available for viewing. The Services include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither LDM nor the Information Providers guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations. LDM reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any content from the Web site. LDM will take reasonable efforts to correct any inaccuracies that are brought to its attention. Notwithstanding the foregoing, LDM has no duty to edit or review materials submitted by users. LDM and the Information Providers give no assurances whatsoever regarding the information or materials available on LDM's Web site(s). If you submit any information to LDM's Web site(s), you agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit any pyramid schemes, chain letters or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; (5) post anything that you know is incorrect or potentially harmful to any third party; or (6) contact other users of LDM's Web site(s) through unsolicited e-mail, telephone calls, mailings or any other method of communication. Any such materials may be removed by LDM at any time for any reason.
If, through the use of the Services, you decide to submit, enter or transmit information or materials of any kind, you are solely responsible for ensuring that you may do so and that such information and materials can be accessed, used, copied, distributed and adapted by other users of the Services (including LDM and its Information Providers) without liability or restriction. You agree to indemnify LDM and its Information Providers from any damage, loss, cost or expense which may be incurred by LDM as a result of the material you link, upload, post or transmit to the Web site(s).
Intellectual Property Rights.
Unless otherwise noted, all materials, including but not limited to the LDM Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site(s), are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by LDM, the Information Providers, or is otherwise part of the public domain.
Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material contained in LDM's Web site(s) on any other Web site or in materials of any other entity. Further, the computer code created by or for LDM to generate its Web site(s) is protected by copyright and any copying or adapting of such code is strictly prohibited.
In accordance with the terms and conditions of this Agreement, LDM may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. LDM may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE INFORMATION PRESENTED ON LDM'S WEB SITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY LDM AND THE INFORMATION PROVIDERS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ALTHOUGH THE WEB SITE CONTAINS AN ELECTRONIC BULLETIN BOARD (THE "BULLETIN BOARD"), LDM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY OPINIONS, ADVICE, REPRESENTATIONS OR INFORMATION POSTED ON THE BULLETIN BOARD. LDM RESERVES THE RIGHT (BUT SHALL NOT HAVE AN OBLIGATION) TO REMOVE POSTINGS THAT IT DEEMS INAPPROPRIATE OR OFFENSIVE; PROVIDED, HOWEVER, LDM BEARS NO RESPONSIBILITY FOR THE CONTENT ON THE WEB SITE, ANY THIRD PARTY'S RELIANCE THEREON, OR THE IMPROPER USE OF THE WEB SITE BY ANY THIRD PARTY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, VIOLATIONS OF APPLICABLE ANTI-SPAMMING LAWS OR ANY VIOLATION OF ANY LAWS AND STATUTES REGULATING THE USE OF INTERNET WEBSITES, POSTING INFORMATION THAT CONTAINS VULGAR OR QUESTIONABLE LANGUAGE, THAT MAY BE ILLEGAL UNDER FEDERAL OR STATE LAWS, OR MAY BE ILLICIT, INDECENT OR PORNOGRAPHIC IN NATURE.
To the extent the Services may include any Webcast(s) from one or more live streaming Webcams, this component of the Services is provided on an "AS-IS, AS-AVAILABLE " basis for informational purposes only. As the contents of the Webcast(s) are live, LDM cannot edit, control, review for accuracy, or screen for defamation, indecency or obscenity of any content provided through the Webcam nor can LDM ensure prompt removal of defamatory, indecent, obscene, inappropriate or unlawful content after transmission. LDM assumes no responsibility for the content of or any errors or omissions that may appear in the Webcast. Content appearing in the Webcast does not necessarily represent the opinions, belief or positions of LDM, its clients, employees, agents or any of its Information Providers. Neither LDM nor any of its Information Providers shall be liable for any claims or losses you may incur associated with any Webcast, including but not limited to, claims for defamation or invasion of privacy. LDM shall not be responsible for Internet failures and provides no guarantees that the Webcast will be viewable at a particular time or available at all. LDM shall not responsible for Internet connection speeds at the location of the Webcast.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER LDM NOR ANY OF ITS INFORMATION PROVIDERS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER LDM NOR ANY OF ITS INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS," OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE(S) OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO LDM OR ITS INFORMATION PROVIDERS. IN NO EVENT SHALL LDM BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.
Limitation of Claims.
Unless statute mandates a lesser period, any action on any claim against LDM and/or its Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.
Some of the Services are supported by advertising revenue and may display advertisements and promotions in connection with Google's advertising management system. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you. In consideration for LDM granting you access to and use of the Services, you agree that LDM or Google's advertising management system may place such advertising on the Services.
LDM will, in appropriate circumstances, remove from its Web site(s) information that might infringe the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on its Web site(s) or on sites to which the Web site(s) link, you must provide LDM's Copyright Agent with notice, including substantially the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Web site. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
(iii) Identification of the location on the Web site of the allegedly infringing material(s) reasonably sufficient to permit LDM to locate the material(s);
(iv) Information reasonably sufficient to permit LDM to contact you, including your physical address, telephone number, fax number and, if available, your direct email address:
(v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of copyright infringement should be mailed to LDM's Copyright Agent at the following address:
By mail: Lynn Diehl/Copyright Agent
c/o Lynn Diehl Media
P.O. Box 3204
Shell Beach, CA 93448
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.
Additional Disclosures and Information.
LDM's Web site(s) (excluding linked sites) are controlled by LDM from its offices within the State of California, U.S.A. By accessing the Web site(s), you and LDM agree that all matters relating to your access to, or use of, the Web site(s) shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles. You and LDM also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters. LDM makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations. Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, you agree that LDM shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of LDM as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure by LDM to enforce or exercise any provision of this Agreement of Use or related rights shall not constitute a waiver of that right or provision. The headings used in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.
For additional information about LDM's Web site(s) or the Services, please contact our Webmaster at email@example.com.
Effective Date: January 21, 2009