butter vine terms of use

Effective: September 16, 2009

Welcome to buttervine.com ("Website"). This Website is owned by Butter Vine.

When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms of Use.

These Terms of Use May Change

Butter Vine reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website.

Site Contents

All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Butter Vine, one of its affiliates or by third parties who have licensed their materials to Butter Vine. The content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of the site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Butter Vine reserves complete title and full intellectual property rights in any content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content without first obtaining written permission from Butter Vine.

Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Butter Vine on or by the Website or otherwise disclosed, submitted or offered to Butter Vine (collectively, "Comments") shall be and remain Butter Vine's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Butter Vine of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Butter Vine is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.

You agree that no Comments submitted by you to Butter Vine will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Messages

You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various Butter Vine messaging services available to customers ("Message"), including, without limitation, gift messages, greeting cards and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:

  • The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation;
  • The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
  • The impersonation of any person or entity in any part of any Message.

We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Butter Vine customers, or any third party.

Privacy and Your Information

Your information is subject to Butter Vine’s privacy policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Inaccuracy Disclaimer

From time to time there may be information on the Website, in an email to you or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Butter Vine reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Password Security

If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Links

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Butter Vine has no control over such sites and resources, Butter Vine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Butter Vine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Product Information

Some of the products displayed on the Website or in our catalog are available in select Butter Vine stores. In some cases, merchandise displayed for sale on the Website or in our catalog may not be available at Butter Vine stores. The prices displayed on the Website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer of Warranty

THIS WEBSITE IS PROVIDED BY BUTTER VINE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Butter Vine MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUTTER VINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUTTER VINE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BUTTER VINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER BUTTER VINE, ITS CORPORATE PARENT(S), OR AFFILATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold Butter Vine and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.

User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

Termination of Usage

Butter Vine may terminate your access, or suspend your access to all or part of the Website, without notice, in Butter Vine's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Butter Vine, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Butter Vine, or its corporate parent(s) or affiliates.

Applicable Law

These Terms of Use shall be governed in all respects by the laws of the State of Missouri, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Butter Vine must be resolved by a court located in St Louis County, Missouri. You agree to submit to the personal jurisdiction of the courts located within St Louis County, Missouri for the purpose of litigating all claims or disputes.

Waiver

The failure of Butter Vine to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severed Provisions

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

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