Welcome to the Gnarly Head Wines (“Gnarly Head”) website (the “Site”), designed to educate you about our wines, promotions, and sponsored events. We strive to make the Site a rewarding experience for all our users at every visit, hoping you will return time and again. To maintain an enriching user experience, we ask that you adhere to the Terms and Conditions of Use for the Site as outlined below. All further mention to “we” or “Gnarly Head” refers to Gnarly Head, our affiliates, subsidiaries, service providers and designees.
To access the Site you must be of legal drinking age in the country where you reside. Should you not be of legal drinking age in your residing country or territory, please exit the Site now.
Use of the Site is void where prohibited. By using the Site, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation.
Information Submitted Through the Site
Rules of Conduct
By using the Site, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users. Use of the Site and Services is your acceptance to comply with the following rules of conduct. Failure to comply may result in termination of access to the Site.
You agree not to:
- Post, transmit, or otherwise make available through or in connection with the Site:
- Information or materials that are or may be threatening, harassing, degrading, hateful, defaming, libelous, false, obscene, indecent, pornographic, or that are protected by copyright, trademark, trade secret, or that portray or encourage irresponsible drinking
- Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort
- Viruses, Trojan Horses, spyware, or any other computer code, file, or program that is harmful, or that is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or equipment
- Unsolicited or unauthorized advertisements not previously approved by Gnarly Head in writing
- Personally identifiable and/or non-public information about a person/company without their prior written consent
- Use the Site unlawfully
- Use the Site to violate the rights and privacy of others, including collecting information about other users of the Site
- Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Site, or state or imply Gnarly Head endorses any statement you make
- Interfere with the operation of the Site or the servers or networks used to make the Site available, or violate the requirements, procedures, policies, or regulations of said networks
- Restrict other users from accessing the Site
- Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Site
- Modify, adapt, translate, or disassemble any portion of the Site
- Download and store any Site content
- Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site
ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK.
Gnarly Head, our affiliates, or our service providers may offer features through the Site that allow you to post information, photos, or other materials publicly on your personal “profile Site” (your “Profile”). All rules of conduct described above apply.
User Generated Content
Gnarly Head reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This includes the right to refuse to post or to remove any posting, including private messages.
The Site may contain opinions, statements, or other content submitted by third parties for which Gnarly Head is not responsible for screening, monitoring, or verifying, including the content’s accuracy, reliability, or compliance with laws. Content made available by third parties is strictly the opinions of the third party and is not endorsed by Gnarly Head.
Gnarly Head may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you are aware of any unlawful, offensive, or objectionable content on the Site please contact us.
Termination and Enforcement
Links To or From Other Websites
Unless otherwise stated, Gnarly Head is not associated with operators of any third party websites that link to or are linked from the Site. We disclaim any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. We make no guarantees to your satisfaction with products or services that are available through any third party site that links to or is linked from the Site. We do not make warranties as to the security of any information that you may provide or be requested to provide to any third party, whether through such third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND THE TERMS AND CONDITIONS OF USE APPLICABLE TO SITES OF SUCH THIRD PARTIES APPLIES.
Gnarly Head reserves the right to block links to third party websites without prior notice and at its sole discretion.
The Site is provided “as is”. All materials and information on the Site are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Gnarly Head, user generated content, or content posted by a third party. Gnarly Head takes no responsibility for the third party advertisements, applications, or goods and services posted on or through the Site. We are not responsible for the conduct, online or offline, of any user of the Site, including, without limitation, any Submission posted by any user. We assume no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication. We are not responsible for technical problems including but not limited to problems with telephone network or lines, computer online systems, service providers, computer equipment, software, failure of any emails, traffic congestion on the Internet or on any portion of the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading content in connection with the Site. Under no circumstances shall Gnarly Head be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance of an event, from content posted by other users, or from the conduct of users, online or offline.
Certain states do not allow the exclusion or limitation of certain warranties or liabilities, therefore the above limitations or exclusions may not apply to you.
Limitations of Liability
Gnarly Head shall not be liable for any damage, claim, or loss incurred by you, including but not limited to, incidental, direct, indirect, special, consequential or exemplary damages, loss of profits, loss of use, loss of data, or loss of security, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This applies to all causes of action. Your sole and exclusive resolution for dissatisfaction with the Site is to stop using the Site. If the warranty exclusion or limitation of liability set forth in this use agreement is for any reason whatsoever held unenforceable or inapplicable, you agree the aggregate liability of Gnarly Head for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Gnarly Head to access and use the Site.
- Your use, inability to use, or activities in connection with the Site
- Any transaction
- Any allegation that a Submission or other material that you make available through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party
- Your violation of any rights of any user
Gnarly Head invites you to drink our wines responsibly.