BAREFOOT WEBSITE TERMS OF USE - BELGIUM

About these Terms of Use

The following terms and conditions ("Terms") apply to your use of the Barefoot website barefootwine.co.be (the "Website"). These Terms should be read alongside, and are in addition to, our privacy policy (accessible online at barefootwine.co.be/privacy-policy) ("Privacy Policy"). Please read these Terms carefully. By using the Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). If you do not agree to these Terms, you must stop using the Website immediately. 

About us

We are the Barefoot brand, owned by E. & J. Gallo Winery Europe Ltd., 4th Floor, Harman House, 1 George Street, Uxbridge, Middlesex UB8 1QQ ("Barefoot", "we", "our" or "us"). If you have any questions or concerns with this Agreement or the Website you may contact us by e-mail at consumerrelations@barefootwine.com. 

Your use of the Website

You represent and warrant that you are at least 18 years of age and you have the legal right and capacity to enter into and to comply with these Terms. If you are under the age of 18 you must not use or access the Website.

Ownership of Website materials

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website ("Materials") are owned, controlled or licensed by Barefoot, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, author's rights and neighboring rights, database rights, trademark, patent and other laws, rules, regulations and international treaties.

Any unauthorized use of the Materials is prohibited.

NOTICE TO THIRD PARTY WEBSITES: Any of our Materials made available in connection with your website, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.

Your licence to use materials on our Website

Subject to your strict compliance with these Terms, Barefoot grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Website's software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate its web pages or any software or other products or processes accessible through the Website, except to the extent such rights cannot be limited under applicable law; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

Intellectual property

The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Barefoot, its subsidiaries or the providers of such information and is protected by English and international; copyright laws and treaties.  All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

The trademarks, service marks, logos and other proprietary names and identifiers which are owned by Barefoot and displayed on the Website may not be used in connection with any product or service that does not belong to Barefoot.  Furthermore nothing contained within the Website should be construed as granting a licence or right to use any of the trademarks without the express, written permission of Barefoot.  Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

You may not use the Website for any purpose or in any manner that infringes the rights of Barefoot or any third party. Barefoot encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

If you have a good faith belief that content on the Website infringes your copyright, author's rights and neighboring rights, database rights, trademark, or other intellectual property rights, please contact us using the details set forth below.

E. & J. Gallo Winery
4^th Floor Harman House
1 George Street
Uxbridge
Middlesex
UB8 1QQ

Phone: 01895 813444
Fax: 0189 5813 931
consumerrelations@barefootwine.com

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

User comments and postings

We may provide user comment areas, message boards or other interactive areas on the Website ("User Forums") to give select users of the Website a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, "User Content").

Rights you grant to us. Whenever you send, post, upload, or otherwise make available User Content on a User Forum or elsewhere on the Website or directly to Barefoot (including by e-mail or text message) you: (1) grant to Barefoot an irrevocable, worldwide, nonexclusive, perpetual (for the entire duration of protection of the respective rights), fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, to the extent permitted under applicable law, without any compensation being due for the license of any forms or modes of exploitation, for the entire world and the entire duration of protection of the rights in such User Content, and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you Without prejudice to the generality of the foregoing, by express deviation from your moral rights (including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights), to the extent allowed by applicable law, you agree and acknowledge that (i) the User Content will be exploited in our name, (ii) as the case may arise, the User Content will be communicated to the public at our entire discretion, (iii) we will be entitled to modify the User Content, wherever required by our business needs, (iv) you shall not be entitled to exercise your right of withdrawal thereon, if any, and (v) you shall not be entitled to exercise your right of paternity, if any, in a way which would affect our use of the User Content as per this section, and you consent to any action from us that would violate such moral rights in the absence of such consent. You further authorize Barefoot to publish your User Content in a searchable format that may be accessed by users of the Website and the Internet.

No responsibility. We accept no liability for User Content posted in User Forums or elsewhere on the Website and the limitations below (Limitation of liability) apply.

No obligation to prescreen/monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content.

Representations you make to us. You are solely responsible for all of your User Content. If you submit User Content you are responsible for ensuring that all User Consent complies with our Acceptable Use Policy (see below) and that no content is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.

No obligation to use. You agree and understand that we are not obligated to post, keep or use your User Content.

Security. You acknowledge that the Internet may be subject to breaches of security and that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Barefoot. Barefoot takes the appropriate technical and organization measures that are necessary to protect the personal data from accidental or unauthorized destruction, accidental loss, as well as from alteration, access and any other unauthorized processing of the personal data.

User interactions and disputes

You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Acceptable use policy

The following rules are here to help you understand the conduct that is expected of you when you participate in any User Forums or other interactive areas of the Website and/or submit User Content. You agree that your participation in a User Forum or other interactive area of the Website and all User Content you submit are subject to all the Terms, including the following "Acceptable Use Policy":

Public forum. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you written permission to upload and distribute the User Content on the Website and elsewhere.

No pictures or images of anyone but you and your friends and family/music. To the extent uploads are made available on the Website and if you choose to upload photos to the Website, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know, but only with their express permission to post it. Your User Content must not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). 

Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

Keep it relevant. Your User Content should relate to the content on the Website and should be intended to add to the discussion and community on the Website - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).

Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a User Forum for everyone to enjoy. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.

Do not use a User Forum for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Website.

Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

No violence. Your User Content may not promote violence or describe how to perform a violent or otherwise illegal or dangerous act.

Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.  

Don't damage the Website or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Website or any computer system.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Membership and registration

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. This information is processed in accordance with our Privacy Policy (barefootwine.co.be/privacy-policy).

If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Website using your name in whole or in part. Barefoot reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability for legitimate grounds in accordance with applicable law.

Contests and promotions

Any contests or other promotions (any, a "Promotion") that may be offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

Linking policy

Barefoot grants you the revocable permission to link to the Website; provided, however, that your website, or any third party websites that link to the Website: (a) must not frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (b) must not imply that Barefoot or the Website is endorsing or sponsoring it or its products, unless Barefoot has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Barefoot sole opinion, harm Barefoot or its products or services; (d) must not use any Barefoot trademarks without the prior written permission from Barefoot; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Barefoot sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Website, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Barefoot reserves the right to prohibit linking to the Website for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

Limitation of liability

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.  We accept no liability for any special, indirect, incidental, consequential such as loss of savings, loss of profit, loss of data, loss of goodwill and third party's claims or economic loss howsoever caused arising out of or in connection with these Terms.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Nothing in these Terms shall limit our liability for personal injury or death, or any other mandatory liability which may not be excluded nor limited under applicable law.

Term and termination

We may terminate your access to the Website and the services within it on not less than 3 days' written notice to you.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

Governing law; disputes

These Terms shall be governed by and construed in accordance with English law. Any dispute or controversies arising out of or in connection or related to these Terms, including any question regarding the existence, scope, validity or termination of this agreement or this clause, shall be referred to and finally and conclusively settled (solely and exclusively), by arbitration in accordance with the rules and procedures (the “LCIA Rules”) of the London Court of International Arbitration (“LCIA”) and through an arbitration board comprising one arbitrator who shall be nominated and summoned up in accordance with the LCIA Rules. The venue for such arbitration shall be London, England and the language used in the arbitration shall be English. The arbitrator shall rule in accordance with the rule of law, including with respect to evidentiary issues. An arbitration award rendered hereto binds each party. Without limiting the foregoing, you and we irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England (i) with respect to the validity of this arbitration clause or of any arbitration award (this without restricting the possibility for either party to have an arbitration award enforced in any jurisdiction and to apply for any recognition or exequatur of such arbitral award before the competent courts of such jurisdiction) or (ii) in case this arbitral clause would be deemed invalid. You and we agree that information concerning the arbitration, including, without limitation, information concerning any arbitration award, shall be treated as confidential and not disclosed to any third party without the consent in writing of all of the parties except as required by law.

Miscellaneous

The failure of Barefoot to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Barefoot’s rights with respect to such breach or any subsequent breaches. No waiver by Barefoot of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Barefoot. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

Barefoot may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Barefoot's prior written consent.

If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.

We are committed to protecting your privacy. Please see our Privacy Policy (barefootwine.co.be/privacy-policy) for full details.

Modification

Barefoot reserves the right to modify or add to these Terms at any time to comply with law or to meet out changing business requirements.. If we make any updates to these Terms we will notify you . either by email, by means of notice on the Site or otherwise, as required by law.

Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

These terms were last updated on January 2016.