General terms & conditions

Intellectual Property; Restrictions on Use of the Site

All materials on the Site, including the Site’s design, graphics, text, sounds, pictures, photographs, video, software and other files, and the selection and arrangement thereof (collectively, “Materials”), are the property of, or are licensed to, Upstream Wine, and are subject to and protected by United States copyright, trademark and other intellectual property laws and rights.

By using the Site you understand and agree that you may not copy, reproduce, distribute, transmit, display, publish, sell, license, create derivative works or use any Materials or other content on this Site, in whole or in part, without the prior written authorization of Upstream Wine or its licensors. Upstream Wine will enforce its intellectual property rights to the fullest extent of the law.

 

Links; Third Party Websites

Links on the Site to third party websites may be provided as a convenience to you.  If you use these links, you will leave the Site. Upstream Wine does not control or endorse any such third party websites.  You agree that Upstream Wine will not be responsible or liable for any content, goods or services provided on or through these outside websites, or for your use or inability to use such websites.  You will use these links at your own risk. Upstream Wine expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

 

Disclaimer; Limitation of Liability

Every user who visits this Site does so at his or her own risk. The Site, and the materials on the Site are provided “as is” and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither Upstream Wine, nor any other party involved in the creation, production or delivery of this Site or whose materials or information appear on this Site, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, malicious code, line failure, technical inaccuracies, typographical errors or the inability to use the materials on this Site, even if there is negligence on Upstream Wine’s part or an authorized Upstream Wine representative has been advised of the possibility of such damages, or both. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you.

 

Indemnification

You agree to indemnify, defend and hold Upstream Wine harmless against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

 

Site Usage; Termination of Usage

You agree to use this Site only for lawful purposes, and not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

Upstream Wine makes no representation that Materials contained on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country.  Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Upstream Wine and its affiliates, are responsible for compliance with applicable local laws.

 

These terms remain in effect for all use made of this Site unless specifically terminated by Upstream Wine.  

 

Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the State of New York, in the United States of America, regardless of where the user is based. You agree that any action arising out of or relating to these terms shall be filed only in the state or federal courts located in Sullivan County, New York, USA, and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

Contact Information

 

You may contact us by writing to:

 

Upstream Wine

PO Box 683

Livingston Manor, NY 12758

 

 

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