Terms Of Use

Updated as of December 20, 2016

Description

Vinacircle App ("Vinacircle", "we", or "us") provides an online content service offering a selection of movies, clips, articles, and other content (collectively, "Content") for viewing on the Vinacircle App, Vinacircle's affiliate and distribution partner Apps ("Distribution Apps") in accordance with these Terms of Use (these Apps, together with the Vinacircle App and Distribution Apps, are referred to collectively as the "Apps"). Vinacircle's video service, Video Player, articles and any other features, tools, Applications, materials, or other services offered from time to time by Vinacircle in connection with its business on any of the Apps are referred to collectively as the "Vinacircle Services". Vinacircle is incorporated and registered in Texas.

Acceptance

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Vinacircle App is not intended for children under 13. If you are under 13 years of age, then do not use the Vinacircle App without a parent or guardian. Users affirm that they are more than 18 years of age and that according to the laws of the country through which they are accessing the App.

To use Vinacircle and the Vinacircle Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the Vinacircle App (whether or not you are a registered member) or using any of the Vinacircle Services on any of the Apps, you are agreeing to these Terms. Please read carefully through these Terms, if you have any questions or comments about them, please contact us at feedback@vinacircle.com

CHANGES TO THE TERMS OF USE

Vinacircle may change these Terms of Use at any time and any such change shall be effective upon posting the new Terms of Use on the Vinacircle App, any visit to the Vinacircle App or use of the Vinacircle Services on any of the Apps by you after the new Terms are posted will be deemed evidence in your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms.

ACCESS AND USE OF THE Vinacircle SERVICES

Your License

VIinacircle will grant you a limited license to view the Content and to use the Vinacircle Services for personal, non-commercial purposes only as set forth in these Terms.

The Content

You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Vinacircle in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar materials, unless it is expressly permitted by Vinacircle in writing. You may not incorporate the Content into any hardware or software Application. This prohibition Applies even if you intend to give away the derivative materials free of charge.

The Video Player

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.

Ownership

You agree that Vinacircle owns and retains all rights to the Vinacircle Services. You further agree that the Content provided to you and other users as part of the Vinacircle Services is owned by Vinacircle and Vinacircle's licensors. The Vinacircle Services and the Content are protected by copyright, trademark and other intellectual property laws.

Your Responsibilities

You agree not to use the Vinacircle Services in a way that:

  • violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access the Content or the Vinacircle Services that is not authorized by Vinacircle (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or Vinacircle Services);
  • involves accessing the Vinacircle Services through any automated means, including "robots", "spiders", or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Vinacircle Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content);
  • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempts to damage, disable, overburden, impair, or gain unauthorized access to the Vinacircle Services, including Vinacircle's servers, computer network, or user accounts;
  • attempts to remove, modify, disable, or otherwise impair any advertising in connection with the Vinacircle Service;
  • attempts to collect personally identifiable information in violation of Vinacircle's Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by Vinacircle; or interferes with any other party's use and enjoyment of the Vinacircle Services.
  • harasses or causes distress or inconvenience to any person.
  • transmits obscene or offensive content.
  • disrupts the normal flow of dialogue within Vinacircle App

 

Spam/Unsolicited Communications

No one may use the Vinacircle Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Vinacircle Services, you acknowledge that you will have caused substantial harm to Vinacircle and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Vinacircle $100.00 for each unsolicited communication you send through the Vinacircle Services.

 

Downloads

In order to participate in certain Vinacircle Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation

We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Vinacircle App services, with respect to any or all users, at any time without notice. You acknowledge that Vinacircle App may do so at Vinacircle App's sole discretion. You also agree that Vinacircle App will not be liable to you for any modification, suspension, or discontinuance of the Vinacircle App services, although if you are user of the rental service and Vinacircle App suspends or discontinues the rental service, Vinacircle App may, at its sole discretion, provide you with a refund. However, if Vinacircle App terminates your account or suspends or discontinues your access to Vinacircle App services due to your violation of these Terms, then you will not be eligible for any refund.

 

REGISTRATION AND USER ACCOUNTS

In order to view movies and participate on Vinacircle App, you are required to register with Vinacircle App

Accuracy

All registration information you submit must be accurate and updated.

Unauthorized account use

Please keep your password confidential. You will not have to reveal it to any representative of any App. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us support@vinacircle.com as soon as you know of, or suspect any unauthorized use of, your account. Although Vinacircle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vinacircle or others due to such unauthorized use.

User account termination

You may terminate your account by emailing to support@vinacircle.comPlease identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the Vinacircle Services at any time, without notice or liability, if Vinacircle determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Vinacircle Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Vinacircle servers being made or the volume of User Material being posted.

Data from third party services

When connecting your Vinacircle account to a third-party service including social networks, or using a third-party authentication service, you agree that all data obtained through our interface with that third party shall become a part of your Vinacircle user information and will be subject to all existing Vinacircle policies and is no longer subject to the policies of the third party. This Applies to users of all third party social networking or other web services.

COLLECTION AND USE OF PERSONAL INFORMATION

For information about Vinacircle's policies and practices regarding the collection and use of your personally identifiable information, please read Vinacircle's Privacy Policy located within the Vinacircle App. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Vinacircle App and use of the Vinacircle Services on any of the Apps are governed by the Vinacircle Privacy Policy in effect at the time of your use.

USER COMMENTS, AND OTHER MATERIAL

Submission rules

As part of the Vinacircle Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments, or other materials (collectively, "User Material"). In order to keep the Vinacircle Services enjoyable for all of our users, you must adhere to the rules below.

  • Contributions must be civil and tasteful.
  • No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
  • No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
  • Be patient: users of all ages and abilities may be taking part in the relevant Vinacircle App community.
  • No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
  • No advertising or promoting.
  • No spoilers: material which contains plot developments which haven't been transmitted on UK television will be deleted unless submitted in a designated 'spoilers' area or marked as a 'spoiler'.
  • Contributions containing languages other than English may be removed unless allowed in the relevant local house rules. No impersonation.
  • No inappropriate (e.g. vulgar, offensive etc) user names.
  • Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.

By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Vinacircle the license detailed in section (ii) below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Vinacircle will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Vinacircle does not guarantee any confidentiality with respect to any User Material.

If you fail to abide by these rules when on Vinacircle App your contribution may be refused or edited and action may be taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on Vinacircle App or a temporary or permanent suspension of your ability to participate in any or all of Vinacircle App, Vinacircle may also use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s). The Vinacircle reserves the right to delete any contribution, or take action against any Vinacircle account, at any time, for any reason.

License

Vinacircle does not claim any ownership rights in User Material that you Post. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Vinacircle a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Vinacircle Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Vinacircle Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material.

The license you grant to Vinacircle is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Vinacircle), fully-paid, and royalty-free (meaning that Vinacircle is not required to pay you for the use of your User Material), and sub licensable (so that Vinacircle is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks to provide the Vinacircle Services). By Posting your User Material, you also hereby grant each user of the Vinacircle Services a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Vinacircle Services and Apps.

Third party posts

Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Vinacircle does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Vinacircle. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Vinacircle assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Vinacircle with respect to such User Material.

LINKED APPS AND ADVERTISING

Third party Apps

If we provide links or pointers to other Apps, you should not infer or assume that Vinacircle operates, controls, or is otherwise connected with these Apps. When you click on a link within the Vinacircle Services, we will not warn you that you have left a App and are subject to the terms and conditions (including privacy policies) of the destination App. In some cases, it may be less obvious than others that you have left a App and reached another App. Please be careful to read the terms of use and privacy policy of any App before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another App.

If we provide links or pointers to other Apps, you should not infer or assume that Vinacircle operates, controls, or is otherwise connected with these Apps. When you click on a link within the Vinacircle Services, we will not warn you that you have left a App and are subject to the terms and conditions (including privacy policies) of the destination App. In some cases, it may be less obvious than others that you have left a App and reached another App. Please be careful to read the terms of use and privacy policy of any App before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another App.

Advertisements

Vinacircle takes no responsibility for advertisements or any third party material Posted on any of the Apps, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Vinacircle Services are between you and the advertiser, and you agree that Vinacircle is not liable for any loss or claim that you may have against an advertiser.

INTELLECTUAL PROPERTY

Retention of copyright

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Vinacircle App and all content (including all Applications) located on the App shall remain vested in Vinacircle or its licensors (which includes other users) and subject to copyright and other intellectual property rights under Barbados and foreign laws and international conventions. Nothing contained in these terms shall be construed as conferring any license or right to use any trade mark, design right or copyright of the Vinacircle, Vinacircle or any other third party. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Vinacircle App content in any way except for your own personal, non-commercial use only. You also agree not to adapt, alter or create a derivative work from any Vinacircle App content. Any use of Vinacircle App content requires the prior written permission of the respective owners.

Circumvention of copyright

You agree not to circumvent, disable or otherwise interfere with security related features of the Vinacircle App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Vinacircle App or the Content therein.

Copyright infringement notification

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant by providing our Copyright Agent with the following information by email.

If you believe that any Content, User Material, or other material provided through the Vinacircle Services, including through a link, infringes your copyright, you should notify Vinacircle of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which Vinacircle receives and take Appropriate action in accordance with Applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Vinacircle's Copyright Agent at copyright@vinacircle.com.

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Vinacircle Services that is reasonably sufficient to enable Vinacircle to identify and locate the material; (d) how Vinacircle can contact you, such as your address, telephone number, and email 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 that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to copyright@vinacircle.com for purposes other than communication about copyright infringement may not be answered.

UNSOLICITED SUBMISSIONS

Vinacircle does not knowingly accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Vinacircle's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Vinacircle creative work, including a film, series, story, title, or concept, would be purely coincidental.

GENERAL INFORMATION

International Use

You agree that the Vinacircle App shall be deemed solely based in Barbados; and that the Vinacircle App shall be deemed a passive App that does not give rise to personal jurisdiction over Vinacircle, either specific or general, in jurisdictions other than Barbados. Vinacircle makes no representations that the Vinacircle App is Appropriate or available for use in other locations. Those who access or use the Vinacircle App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Using technologies to access the Content from territories where Vinacircle does not allow access to certain content is prohibited. Vinacircle reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide actual geographic location.

Export Controls

Software and the transmission of Applicable technical data, if any, in connection with the Vinacircle Services are subject to export controls. You agree to comply with all Applicable laws regarding software and the transmission of technical data exported from Barbados and the country in which you reside.

Choice of Law

These Terms of Use are governed by, and construed in accordance with, the laws of Barbados without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in Barbados.

No Waiver/Reliance

You may not rely upon Vinacircle's precise response with respect to one party or one situation as any indication of what Vinacircle might do with respect to another party or another situation, even if the parties or situations Appear to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Vinacircle's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Vinacircle acts in a way that Appears to you to be inconsistent with these Terms of Use, Vinacircle's action shall not be deemed a waiver or constructive amendment of these Terms.

INTEGRATION AND SEVERABILITY

Integration

Please note that these Terms of Use, including Vinacircle's Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and Vinacircle and governs your use of the Vinacircle Services (but excludes any services, if any, that Vinacircle may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Vinacircle in relation to the Vinacircle Apps and Services.

Severability

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

WARRANTY DISCLAIMER

You agree that your use of the Vinacircle App shall be at your sole risk. to the fullest extent permitted by law, Vinacircle, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Vinacircle App and your use thereof. Vinacircle makes no warranties or representations about the accuracy or completeness of this App's content or the content of any Apps linked to this App and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our App, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our App by any third party, and/or (v) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Vinacircle App. Vinacircle does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Vinacircle App or any hyperlinked App or featured in any banner or other advertising, and Vinacircle will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where Appropriate.

LIMITATION OF LIABILITY

In no event shall Vinacircle, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our App, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our App by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Vinacircle App, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall Apply to the fullest extent permitted by law in the Applicable jurisdiction.

You specifically acknowledge that Vinacircle shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vinacircle without restriction.

 

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