Proprietary Rights in Web Site Content; User Content License

All content on the Web Site, other than User Content as defined below, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Web Site Content”), are the proprietary property of Pinot by Tituss Burgess with all rights reserved.  No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, except as provided in the Web Content Sharing Policy described below, or except as provided by Pinot by Tituss Burgess’s express prior written permission.  Any use of the Web Site or the Web Site Content other than as specifically authorized herein, without the prior written permission of Pinot by Tituss Burgess, is strictly prohibited.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Web Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

“User Content” means the information you have provided to us for consideration to be posted on the Web Site.  Information may be provided in the form of comments, or, if the Web Site provides any forum, in a variety of additional related forms such as posts to such forums, user profile information, blog submissions, photographs, and video. Pinot by Tituss Burgess does not claim ownership rights in any User Content.  By providing User Content to us, you grant to Pinot by Tituss Burgess a non-exclusive, royalty-free license to use, copy, distribute, and display all User Content for the purpose of making the User Content available on the Web Site.

Web Content Sharing Policy

Printed Materials

You may physically print material to share with your friends, a work or church group, etc. in limited numbers, provided that you clearly state “Courtesy of pinotbytitussburgess.com” at the top or bottom of EACH page (in a header or footer), and provided of course that you do not sell the material for any fee or compensation.

Sharing Recipes Online

  1. If you wish to share one of our recipes, write your own introduction (or review) and then provide credit and a link to the original recipe. A mere list of ingredients is not copyright protected, but the creative, expressive content and words of the recipe are.
  2. If you make slight changes to a recipe, it’s still someone else’s recipe. The guidelines are the same as in #1 above, but of course you may add your additional comments to highlight the changes.
  3. If you adapt a recipe and do in fact make significant modifications, you can publish your version (the entire recipe) but you need to give credit and a link back to the source (if available online).

User Conduct

You understand that the Services and the Web Site are available for your personal, non-commercial use only.  You represent, warrant and agree that no materials of any kind submitted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Web Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.  Additionally, you agree not to use automated scripts to collect information from the Services or the Web Site or for any other purpose.  You further agree that you may not use the Services or the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Services or the Web Site to:

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any information that you know is false or misleading;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent;
  • solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another User or Contributor;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Pinot by Tituss Burgess, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Pinot by Tituss Burgess or its Users to any harm or liability of any type.

Pinot by Tituss Burgess reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.  If you become aware of misuse of the Services by any person, please contact Pinot by Tituss Burgess at policy{@}pinotbytitussburgess{.}com.

User Content

You are solely responsible for the information that you submit to Pinot by Tituss Burgess.  You understand and agree that Pinot by Tituss Burgess may, but is not obligated to, review any User Content submitted by you and that the decision whether or not to post User Content is determined solely by Pinot by Tituss Burgess.  You further understand and agree that Pinot by Tituss Burgess may edit, redact, or refuse to post any User Content that in the sole judgment of Pinot by Tituss Burgess violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Copyright Complaints

If you believe that any material on the Web Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Email: policy{@}pinotbytitussburgess{.}com
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Websites and Content

The Web Site contains (or you may be sent through the Web Site or the Services) links to other web sites (“Third Party Web Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”).  Such Third Party Web Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Web Sites accessed through the Web Site or any Third Party Content posted on the Web Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Web Sites or the Third Party Content.  Inclusion of or linking to any Third Party Web Site or any Third Party Content does not necessarily imply approval or endorsement thereof by usIf you decide to leave the Web Site and access the Third Party Web Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.

Subscriber List

Pinot by Tituss Burgess collects email addresses from those who have subscribed to our blog post updates. This is used to notify you of new posts, but we may occasionally contact you with news or special offers from us or our sponsors we feel you may be interested in. You may unsubscribe at any time, and we never sell, giveaway, or provide any of your contact information to outside companies without your permission.

Disclaimers

Pinot by Tituss Burgess is not responsible or liable in any manner for any User Content or Third Party Content posted on the Web Site or in connection with the Services.

The information provided by this Web Site contains the opinions and experiences of its author, Rachel Farmer, and may also include those from guest authors, who are identified as such.  This Web Site is not intended to provide medical, health, or nutritional advice, and it should not be relied upon for that purpose.

The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Pinot by Tituss Burgess assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Pinot by Tituss Burgess is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating in connection with the Web Site and/or in connection with the Services.  Under no circumstances will Pinot by Tituss Burgess be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Web Site or the Services, any User Content or Third Party Content posted on or through the Web Site or the Services or transmitted to Users, or any interactions between Users of and Contributors to the Web Site, whether online or offline.

THE WEB SITE, THE SERVICES AND THE WEB SITE CONTENT ARE PROVIDED “AS-IS” AND Pinot by Tituss Burgess DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Pinot by Tituss Burgess CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. Pinot by Tituss Burgess DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Pinot by Tituss Burgess OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF Pinot by Tituss Burgess IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold Pinot by Tituss Burgess, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Web Site, your use of the Services or the Web Site, your conduct in connection with the Services or the Web Site or with other Users of the Service or the Web Site, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and Pinot by Tituss Burgess regarding the use of the Web Site and/or the Services, superseding any prior agreements between you and Pinot by Tituss Burgess relating to your use of the Web Site or the Services.  The failure of Pinot by Tituss Burgess to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.  This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  If any provision of these Web Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.