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Terms of Use

Last Updated: 08 January November, 2023

Please read these Terms of Use (the “Terms”) carefully.

This agreement (these “Website Terms of Use”) is a legally binding agreement between www.loamanicwine.com / Loamanic Wine & Spirits Inc. (“Company”, “us”, “our”, and “we”), the owner and operator of www.loamanicwine.com / Loamanic Wine & Spirits Inc (the “Site”), and you (“you” or “You”), a user of the Site, that governs your access to and use of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which may be posted on the Site from time to time and which are incorporated by reference into these Website Terms of Use.

 

By accessing or using the site, you are accepting these website terms of use (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter these website terms of use (on behalf of yourself or the entity that you represent).

 

YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH WWW.LOAMANICWINE.COM / Loamanic Wine & Spirits Inc. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

 

Loamanic Wine & Spirits Inc reserves the right to modify, supplement or replace these Terms, effective upon posting an amended version on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.

 

  1. Access to or use of the site

1.1 License.

Subject to these website terms of use, company grants you a limited, non-transferable, non-exclusive, revocable license to access and use the site solely for your own personal, noncommercial use only during the term of this agreement.

 

1.2 Certain restrictions.

The rights granted to you in these website terms of use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site, whether in whole or in part, or any content displayed on the site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site; (c) you shall not access the site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the site shall be subject to these website terms of use. All copyright and other proprietary notices on the site (or on any content displayed on the site) must be retained on all copies thereof.

 

1.3 Modification.

Company reserves the right, at any time, to modify, suspend, or discontinue the site (in whole or in part) with or without notice to you. You agree that company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the site or any part thereof.

 

1.4 No support or maintenance.

You acknowledge and agree that company will have no obligation to provide you with any support or maintenance in connection with the site.

 

1.5 Ownership.

Excluding any user generated content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its content are owned by company or company’s suppliers. Neither these website terms of use (nor your access to the site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in section 1.1. Company and its suppliers reserve all rights not granted in these website terms of use. There are no implied licenses granted under these website terms of use.

 

  1. User Accounts

2.1 User account creation.

In order to use certain features of the site, you may be required to create a user account (“user account”) by providing certain information about yourself as prompted by an account registration form. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your user account at any time, for any reason, by request to the company or by following the instructions on the site. Company may suspend or terminate your user account in accordance with section 10.

 

2.2 User account responsibilities. 

You are responsible for maintaining the confidentiality of your user account login information (e.g. username and password) and are fully responsible for all activities that occur under your user account. You agree to immediately notify company of any unauthorized use, or suspected unauthorized use of your user account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from (i) your failure to comply with the above requirements or (ii) from unauthorized use of your user account or any other breach of security, either with or without your knowledge.

 

2.3 Use of other user accounts.

You may not use anyone else’s account at any time, without the permission of the account holder.

 

2.4 Account security.

The company cares about the integrity and security of your personal information. However, the company cannot guarantee that unauthorized third parties will never be able to defeat the site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

  1. Privacy Policy

For information about how Loamanic Wine & Spirits Inc collects, uses, and shares your information, please review our privacy policy. You agree that by using the site you consent to the collection, use, and sharing (as set forth in the privacy policy) of such information, including the transfer of this information to the united states, United Kingdom and EU countries for storage, processing, and use by the company.

 

  1. User Generated Content

4.1 User generated content. “user generated content” means any and all information and content that a user submits to, or uses with, the site. You are solely responsible for all of your user generated content. You assume all risks associated with use of your user generated content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your user generated content that personally identifies you or any third party. You hereby represent and warrant that your user generated content does not violate our acceptable use policy (defined in section 5.3). You may not represent or imply to others that your user generated content is in any way provided, sponsored or endorsed by company. Because you alone are responsible for your user generated content, you may expose yourself to liability if, for example, your user generated content violates the acceptable use policy. Company is not obligated to backup any user generated content, and your user generated content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your user generated content if you desire.

 

4.1 License.

You hereby grant (and you represent and warrant that you have the right to grant) to company a worldwide, non-exclusive, irrevocable, royalty-free, transferable and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your user generated content solely for the purposes of including your user generated content in the site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your user generated content.

 

4.2 Acceptable use policy.

The following terms constitute our “acceptable use policy”:

 

(a) You agree not to use the site to collect, upload, transmit, display, or distribute any user generated content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

 

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the site (or to other computer systems or networks connected to or used together with the site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the site; or (vi) use software or automated agents or scripts to produce multiple accounts on the site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

 

4.3 Enforcement. 

We reserve the right (but have no obligation) to review any user generated content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the acceptable use policy or any other provision of these website terms of use or otherwise create liability for us or any other person. Such action may include removing or modifying your user generated content, terminating your user account in accordance with section 10, and/or reporting you to law enforcement authorities.

 

4.4 Feedback.

If you provide company with any feedback or suggestions regarding the site (“feedback”), you hereby assign to company all rights in such feedback and agree that company shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate. Company will treat any feedback you provide to company as non-confidential and non-proprietary. You agree that you will not submit to company any information or ideas that you consider to be confidential or proprietary.

 

  1. Indemnification.

You agree to indemnify and hold company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the site, (b) your violation of these website terms of use, (c) your violation of applicable laws or regulations or (d) your user generated content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. Third-party links & ads; third-party competitions; other users

6.1 Third-party links & ads.

The site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “third-party links & ads”). Such third-party links & ads are not under the control of company, and company is not responsible for any third-party links & ads. Company provides access to these third-party links & ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links & ads. You use all third-party links & ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links & ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party links & ads. The company disclaims any responsibility or liability related to your access or use of any third-party links & ads.

 

6.2 Third-party competitions.

Some users may promote competitions, promotions, prize draws and other similar opportunities on the site (“third-party competitions”). The company is not the sponsor or promoter of these third-party competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these third-party competitions. If you wish to participate in any of these third-party competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such third-party competitions in your country of residence.

 

6.3 Other users.

Each site user is solely responsible for any and all of its own user generated content. Because we do not control user generated content, you acknowledge and agree that we are not responsible for any user generated content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any user generated content. Your interactions with other site users are solely between you and such users. You agree that company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site user, we are under no obligation to become involved.

 

6.4 Release.

You hereby release and forever discharge the company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site (including any interactions with, or act or omission of, other site users or any third-party links & ads).

 

  1. Disclaimers

7.1 The site is provided on an “as-is” and “as available” basis, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

 

  1. Limitation on Liability

To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if company has been advised of the possibility of such damages. Access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

 

  1. Term and Termination 

Subject to this section, these website terms of use will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the site (including your user account) at any time for any reason at our sole discretion, including for any use of the site in violation of these website terms of use. Upon termination of your rights under these website terms of use, your user account and right to access and use the site will terminate immediately. You understand that any termination of your user account may involve deletion of your user generated content associated with your user account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these website terms of use, including for termination of your user account or deletion of your user generated content. Even after your rights under these website terms of use are terminated, the following provisions of these website terms of use will remain in effect: sections 1.2 through 1.5, section 5 and sections 6 through 10.

 

  1. General

10.1 Changes. 

These website terms of use are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these website terms of use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our site. Continued use of our site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

10.2 Electronic communications.

The communications between you and company use electronic means, whether you use the site or send us emails, or whether company posts notices on the site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

 

10.3 Entire terms.

Loamanic Wine & Spirits Inc website terms of use constitute the entire agreement between you and us regarding the use of the site. Our failure to exercise or enforce any right or provision of these website terms of use shall not operate as a waiver of such right or provision. The section titles in these website terms of use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these website terms of use is, for any reason, held to be invalid or unenforceable, the other provisions of these website terms of use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to company is that of an independent contractor, and neither party is an agent or partner of the other. These website terms of use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these website terms of use. The terms and conditions set forth in these website terms of use shall be binding upon assignees.

 

10.4 Copyright/trademark information.

Copyright © 2023 Loamanic Wine & Spirits Inc. All rights reserved. All trademarks, logos and service marks (“marks”) displayed on the site are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.

10.5 Contact information:

Loamanic Wine & Spirits Inc
GDPR Officer: Rosanna Pancotto
Email: rosannapancotto@loamanicwine.com

Address: Suite 202-128 James Ave, Winnipeg, Manitoba, R3B 0N8, Canada
Phone: +1 431-996-3227
Facebook.com/LoamanicWine-107010494763922/
Website: www.loamanicwine.com