Updated as of December 20, 2016
ACCESS AND USE OF THE Vinacircle SERVICES
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.
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.
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.
You agree not to use the Vinacircle Services in a way that:
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.
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.
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
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 email@example.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 firstname.lastname@example.org. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
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
USER COMMENTS, AND OTHER MATERIAL
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.
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.
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
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.
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 email@example.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 firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.
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.
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.
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
INTEGRATION AND 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.
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.