Privacy Policy
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Welcome to the Brazin Wines (“Brazin”) page (the “Page”). This Privacy Policy (the “Policy”) is intended to inform you of the ways in which the Page collects information for the Brazin brand, the ways in which the information is used, and the ways in which the personal information you choose to p
rovide us will be protected. The Policy applies to the collection and use practice on this Page only. It does not apply to information you might provide on another site operated by us, our affiliates, or through any other medium, including offline and electronic mail. If you are a Brazin employee, employment applicant, supplier, distributor, or trade contact, additional policies may apply. Intended Audience
The Page is maintained strictly for individuals who are of legal age to consume alcoholic beverages under applicable law. As a result, we do not request or knowingly collect personal information from individuals under legal drinking age. If you are not of legal drinking age, you should not access the Page. Information Provided by You
The Page collects information volunteered by you, possibly including but not limited to Contact information, birthdate, gender, household income ranges, consumption habits, product usage, opinions of our products and other personal information (collectively, “Personal Information”). Any Personal Information you provide will be used as indicated on the Page or as stated in this Policy. Cookies
Brazin may use cookies to remember you in order to personalize your web experience. A cookie is a string of text-only information that a website transfers to the cookie file of the browser on your computer so the website can remember certain information about you. Brazin may use cookies to enhance the user experience by remembering when you were last here and personalizing your visit accordingly. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization. To find more information about cookies please visit www.allaboutcookies.org. Use of Personal Information
The Personal Information you provide may be held by Brazin or an agent of Brazin, and may be used by our affiliates, partners, agents, or licensees. The information will not be sold, exchanged, or otherwise distributed to unaffiliated third parties, except to the extent required by law, or as outlined below:
Agents/Service Providers – The business and operation of Brazin may be supported by other companies and individuals who perform services on our behalf. Personal Information may be provided to these entities under contract including an agreement of confidentiality. The scope of their access will be limited to Personal Information required to perform the functions of these services. Business Transfers – In the event Brazin is transferred to, or merged with, another company or entity, the Personal Information may be transferred to that company or entity. Legal Matters – Personal Information may be disclosed if required to do so by law, regulation, or court order, or if by good faith belief that such action is necessary to protect and defend the rights, property, or safety of Brazin, its affiliates, or users of the Page, or the public. Personal Information may also be used to enforce the Terms of Use of the Page, or to respond to claims that any content violates the rights of third parties. Any Personal Information received may be used in the marketing, promotion, and advertising of Brazin. Such information may be used for purposes such as processing your orders; inviting you to participate in online and offline events; to improve the quality of our products and services; and to send promotional communications and offers. Therefore, providing your information may result in making contact with you by mail or other communications (electronic or otherwise) regarding Tw Brazin isted products, services, promotions, surveys, or events. Contact Preferences and Opting-Out
Brazin wants to communicate with you in a manner you find helpful. If you do not wish to receive future communications from Brazin, you can choose not to subscribe or if you are already a subscriber you can use the unsubscribe option available at the bottom of any of our promotional emails or you can contact Customer Service. Such communications may include information about products or services, promotions, or upcoming events. Please note that unsubscribing from our promotional material will not prevent Brazin from contacting you for other reasons, such as order confirmations, responses to customer service inquiries, or information about an event for which you have registered. Security
Brazin takes appropriate steps to protect Personal Information. All information collected through the Page is collected, stored, and processed in the United States. We use reasonable physical, electronic, and administrative safeguards to protect your Personal Information from unauthorized or inappropriate use. However, as no security system is wholly failsafe impenetrable, we cannot guarantee the security of our database or the information you supply while being transmitted to us over the Internet. Promotions
Personal Information will be requested when you enter a promotion or sweepstakes on the Page to be used exclusively for the purpose of administering the promotion or sweepstakes. The Personal Information will also be used and stored as set forth under the “Use of Personal Information” section unless otherwise indicated by you through the means provided under “Contact Preferences”. Any further uses of the Personal Information will be outlined in the Official Rules and Regulations for the specific promotion. External Links
Links to other websites included in the Page operate with privacy policies beyond the control of Brazin. Unless otherwise indicated, once you have left the Page all use of information you provide is governed by the privacy policy of the sites’ operators. Brazin is not responsible for any transactions that occur between a user and a third-party site. California Privacy Rights
If you are a California resident and would like to request that your Personal Information not be disclosed to third parties for direct marketing, you have the option to unsubscribe at no cost to you by following the steps outlined in the “Contact Preferences and Opting-Out” section of this Policy. Content Updated 5/13/2013
Any change made to the Policy will be considered effective immediately. By using the Page, you consent to the collection, use, and transfer of your information in accordance with the Policy. It is therefore recommended the Policy be referenced on a regular basis. If you do not agree to the Policy, please do not use the Page. Contact Information
Please direct any questions regarding this policy to Customer Service. Brazin invites you to drink our wines responsibly. Linking Policy
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This Agreement governs the limited permission grants for establishing a hyperlink between a user's website and Brazin Wines (“Brazin”) page (the “Page”). By creating a hyperlink between your website and the Page, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements, you may link to our page under the following conditions:
A. This Agreement applies only to the Page. You may link by using only standard text hyperlinks. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of Brazin either on the Page or in any website source code (such as a meta tag) and no such rights are granted herein. You agree that each site on which the link will appear shall conform and be in compliance with the following guidelines:
1. Each site shall only market products to adults and shall have an independently audited demographic indicating at least 71.6% of its site visitors are of legal drinking age in the country/territory which they reside.
2. Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold.
3. No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group.
4. No site will use sexual slang, situations or depictions, or exploit the human form. You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.
5. With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Wine Institute Code of Advertising Standards available at:
http://www.wineinstitute.org/initiatives/issuesandpolicy/adcode/details.
6. You agree not to use the link on any website that disparages Brazin, the Page, or Brazin’s products or services, or which infringes on Brazin’s or its affiliates’ intellectual property or other rights.
7. You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Page.
8. You agree to indemnify and hold the owners of Brazin and its affiliates (“Brazin and Affiliates”) harmless from and against any claims for damages or other claims, asserted against Brazin and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your website being linked to the Page.
9. The Brand reserves the right to seek the appropriate remedies against any action by you that does not conform to these terms and conditions. Terms of Use
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Welcome to the Brazin Wines (“Brazin”) page (the “Page”), designed to educate you about our wines, promotions, and sponsored events. We strive to make the Page 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 Page as outlined below. All further mention to “we” or “Brazin” refers to Brazin, our affiliates, subsidiaries, service providers and designees. Agreement
By visiting the Page, you agree to be bound by the Terms and Conditions of Use, our Privacy Policy, and any other policies, terms or notices (collectively the “Terms of Use”) on the Page. If you do not agree or cannot meet the Terms of Use, please do not access the Page. Brazin maintains the right to revise the Terms of Use at any time without prior notice. Any such amendment becomes effective immediately. Eligibility
To access the Page 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 Page now. Use of the Page is void where prohibited. By using the Page, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation. Restrictions
The Page and all information contained herein is owned by Brazin. You are granted non-transferable, non-exclusive access to the Page to view information and interact for your own personal use. Any commercial use of the Page is prohibited. Content, including but not limited to trademarks, designs, logos, text, images, audio, and video materials are the intellectual property of Brazin or our affiliates (“Company Intellectual Property”) unless otherwise indicated. Company Intellectual Property is protected under laws of the United States of America, other nations around the world, and international treaties, specifically under copyright and trademark law. You are not permitted to publish, distribute, transmit, or otherwise use Company Intellectual Property for public or commercial use without the express written consent of Brazin. By accessing the Page, you agree not to rent, transmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Page or any portion thereof, or use it in any manner not authorized by the Terms of Use. Further, in using the Page you agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Page. Information Submitted Through the Page
Your submission of information through the Page is governed by Brazin ’s Privacy Policy and the Terms of Use. You affirm the information you provide in connection with your use of the Page is true, accurate, and complete, and that you will maintain and update the information as needed. Brazin reserves the right to refuse a user name or email address that belongs to or is already being used by another person; that may be interpreted as impersonating another person, or violating the intellectual property or rights of any person; that is offensive; or for any other reason at our sole discretion, and deny access to the Page. You are wholly responsible for any transactions and interactions with the Page that occur in connection with your user name, and you agree to notify Brazin immediately in the case of any security breach related to your account. Rules of Conduct
By using the Page, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users. Use of the Page and Services is your acceptance to comply with the following rules of conduct. Failure to comply may result in termination of access to the Page. You agree not to:
- Post, transmit, or otherwise make available through or in connection with the Page:
o 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
o Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort
o 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
o Unsolicited or unauthorized advertisements not previously approved by Brazin in writing
o Personally identifiable and/or non-public information about a person/company without their prior written consent
- Use the Page unlawfully
- Use the Page to violate the rights and privacy of others, including collecting information about other users of the Page
- Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Page, or state or imply Brazin endorses any statement you make
- Interfere with the operation of the Page or the servers or networks used to make the Page available, or violate the requirements, procedures, policies, or regulations of said networks
- Restrict other users from accessing the Page
- Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Page
- Modify, adapt, translate, or disassemble any portion of the Page
- Download and store any Page content
- Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Page, or reproduce or circumvent the navigational structure or presentation of the Page
You are solely responsible for maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access the Page, and for paying all charges related to the access and use of the Page. Brazin reserves the right to remove or disable access to information or materials posted, transmitted, or otherwise made available through or in connection with the Page that may be a violation of law, regulation, or rights of a third party, (e.g. rights under copyright and trademark law, prohibitions on libel and slander, invasion of privacy), or a violation of the Terms of Use. ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK. Profiles, Submissions
Brazin, our affiliates, or our service providers may offer features through the Page that allow you to post information, photos, or other materials publicly on your personal “profile page” (your “Profile”). All rules of conduct described above apply. User Generated Content
Brazin may allow you to upload content for display on the Page. When you submit or make content available on the Page (“Submission”), you agree that the Submissions are nonproprietary and nonconfidential, may be made available to the general public, and may be used by Brazin without restriction. You grant to Brazin an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete, add to, create from, publicly perform or display, reproduce, and distribute such Submissions on or through the Page and in connection with advertising and promoting the Page and our products in any media format and through any media channels now existing or developed in the future. You represent and warrant you have all rights necessary for you to grant the licenses in this Section regarding each Submission, and that your provision of each Submission complies with all applicable laws, rules, and regulations. Brazin does not claim any ownership rights on the content that you post on the Page. After posting your Content to the Page, you continue to retain any rights you may have had in your content, subject to the license granted to Brazin. This section will survive the termination of the Terms of Use. Brazin reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Page 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 Page may contain opinions, statements, or other content submitted by third parties for which Brazin 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 Brazin. Monitoring
Brazin may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Page. 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 Page please contact us. Termination and Enforcement
You agree that Brazin may terminate your access to, or use of, the Page at any time and for any reason, without notice and without limitation at our sole discretion. In the event of such termination your right to use the Page will cease immediately. Brazin may immediately deactivate or delete any user name or password used by or provided to you, as well as all related information and files associated therewith, and bar any further access to such information and files. You agree that Brazin is not liable to you or any third party for any termination of your access to the Page or to any such information or files, and will not be required to make such information or files available to you after any such termination. Brazin reserves the right to enforce and verify compliance with the Terms of Use, including but not limited to, in connection with any legal process relating to your use of the Page or the claim of a third party that your use of the Page is somehow unlawful or violates the third party’s rights. Promotions
Sweepstakes, contests, or similar promotions (“Promotions”) made available through the Page may be regulated by rules that are separate from the Terms of Use. By participating in any such Promotions you agree to be subject to the specific rules of the Promotion. Brazin encourages you to read the applicable rules, as well as to review the Privacy Policy, which together with the Terms of Use will govern any information you submit in connection with such Promotions. In the case of the Promotions’ rules conflicting with the Terms of Use, the rules will control. Links To or From Other Websites
Unless otherwise stated, Brazin is not associated with operators of any third party websites that link to or are linked from the Page. 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 Page. 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 Page. 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. Brazin reserves the right to block links to third party websites without prior notice and at its sole discretion. Disclaimers
The Page is provided “as is”. All materials and information on the Page are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Brazin, user generated content, or content posted by a third party. Brazin takes no responsibility for the third party advertisements, applications, or goods and services posted on or through the Page. We are not responsible for the conduct, online or offline, of any user of the Page, 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 Page, 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 Page. Under no circumstances shall Brazin be responsible for any loss or damage, including personal injury or death, resulting from the use of the Page, 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
Brazin 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 Page is to stop using the Page. 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 Brazin for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Brazin to access and use the Page. Indemnification
You agree to indemnify and hold us harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, arising out of or relating to your use of the Page in violation of the Terms of Use. Additionally, you agree to indemnify, defend, and hold Brazin harmless from any and all claims, actions, demands, causes of action, and other proceedings arising from or related to any of the following (“Claims”):
- Your use, inability to use, or activities in connection with the Page
- Any violation of the Terms of Use or any other terms, conditions, or policies of Brazin, by you or through any account you may have with the Page
- Any transaction
- Any allegation that a Submission or other material that you make available through the Page infringes or otherwise violates the intellectual property, privacy, or other rights of any third party
- Your violation of any rights of any user
Governing Law
The Terms of Use will be construed, and enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms of Use or the Page may be litigated only in a court having jurisdiction and venue in San Joaquin County for state court causes of action and in Sacramento, California for federal court causes of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Page or the Terms of Use must be filed within one (1) year after such claim or cause of action arose. The failure of Brazin to enforce any right or provision of the Terms of Use does not constitute a waiver of such rights and provisions. The Terms of Use may be enforced to the fullest extent allowed by law. Should any provision of the Terms of Use be unlawful, void, or unenforceable, that provision is to be considered negated from the Terms of Use and will not affect the authority of the remnant provisions. Miscellaneous
The Terms of Use are not and should not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Brazin. You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without prior written consent of Brazin. All headings or section titles contained herein are for the purpose of convenience and do not define or explain the subsequent section or provision.
