TERMS AND CONDITIONS OF WEBSITE USE

Acceptance of Terms

Thank you for visiting franciacorta.com and welcome. Your use of franciacorta.com (the “Website”) for purchases or any other purpose is subject to the Terms and Conditions of Use that follow (the “Terms and Conditions of Use”). Please read these Terms and Conditions carefully. By accessing or using the Website, you agree to the Terms and Conditions of Use. By making a purchase on the Website, you agree to the Terms and Conditions of Sale, which are incorporated by reference into the Terms and Conditions of Use and will apply to all purchases made through the Website. If you do not agree to each of the Terms and Conditions of Use, then you are not authorized to, and may not, use the Website. If you breach any of the Terms and Conditions of Use, your authorization to use the Website automatically terminates. A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions of Use directly from the Website, by downloading the Terms and Conditions of Use from the Website to a disk and then printing them or by clicking on “Contact Us” on the Website and e-mailing us your request for a copy of the Terms and Conditions of Use, along with your mailing address.

Intellectual Property Rights – Copyright


The materials and content on the Website, including their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions. Any unauthorized use of the materials or content available on the Website may violate such laws. EXCANTIA WINES INC. does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. Except for printing not more than two copies of materials or content provided on the Website for use consistent with the purposes of the Website, including, but not limited to, printing your purchase invoices, no portion of the materials, content or information on the Website may be reproduced or distributed in any form or by any means without EXCANTIA WINES INC.’s prior written permission. Trademark FRANCIACORTA.COM, the FRANCIACORTA.COM logo and certain other names or logos displayed on the Website are service marks or trademarks owned or licensed by EXCANTIA WINES INC., and all related products and service names, design marks and slogans are the service marks or trademarks of EXCANTIA WINES INC. or its licensors, or of the suppliers of the products or services identified, and are protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Acceptable Use of the Site
The Website and its services are intended to be used for the lawful purchase of the products available on the Website. The Website may be used only for lawful purposes consistent with the foregoing intent. EXCANTIA WINES INC. is the sole interpreter of the Website’s intended and acceptable use. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to EXCANTIA WINES INC. that: (a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law, including, but not limited to, the purchase or furnishing of alcoholic beverages to minors or other persons not authorized to purchase or use alcoholic beverages; (b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that: (i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website; (ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation; (iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; (viii) impersonate another person, living or dead; (ix) contain chain letters, pyramid schemes or like documents; (x) contain any opinions or notices, commercial or otherwise; (xi) contain any information or is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; (xii) are unsolicited; or (xiii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name; (c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name; (d) you will report inappropriate conduct to EXCANTIA WINES INC.; (e) you will represent yourself accurately and truthfully at all times; (f) you grant EXCANTIA WINES INC. LLC the right to verify independently by any lawful means any information that you transmit to FRANCIACORTA.COM through the Website, including, but not limited to, information about yourself; (g) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and (h) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof without EXCANTIA WINES INC.’s prior written consent.


Use and Protection of User Name and Password
If you are issued a user name and password for the purpose of making purchases through the Website or gaining access to restricted areas of the Website, you are responsible for maintaining the confidentiality of your user name and password. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to make purchases through, or have access to the restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. EXCANTIA WINES INC. is entitled to rely on your compliance with the foregoing, and to assume that any person making purchases or accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.


Indemnification
You agree to indemnify, defend and hold harmless EXCANTIA WINES INC., and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. EXCANTIA WINES INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of EXCANTIA WINES INC.


Your Information
“Your Information” includes any information that you provide to EXCANTIA WINES INC., including but not limited to, any information that you provide (i) during your use of the Website, or (ii) through any electronic mail (“e-mail”) you send to EXCANTIA WINES INC., using the Website’s “contact us” feature, or otherwise. EXCANTIA WINES INC. will use Your Information only in accordance with its privacy policy described below. If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide EXCANTIA WINES INC. with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The above notice should be provided to EXCANTIA WINES INC.’s copyright agent for notice of claims of copyright infringement on the Website, at change for info@FRANCIACORTA.COM