BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
Purpose of Web Site
Any and all information and content made available through the Services ("Information And Content") is provided solely as a convenience to you for general informational purposes only and are not intended to provide specific agricultural, chemical, commercial, financial, investment, accounting, tax, or legal advice. The Services and all Information And Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
No Representation Regarding Content
VitiSynth does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information And Content, including without limitation any information posted on VitiSynth Discussions. You agree that all risk associated with the use of, or reliance on, any of the Information And Content accessed through the Services rests with you. You further agree that VitiSynth shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information And Content.
Limited License & Permitted Uses
You are granted a non-transferable, non-exclusive, revocable license to:
b. use the Services solely for internal, personal, non-commercial purposes, and;
c. display, download, archive or print a single copy of any discrete Information And Content, or any information and/or content otherwise distributed by or from VitiSynth, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, maintain all copyright and other notices contained therein, and you comply with the User Conduct and Obligations set forth herein (collectively, the "Permitted Uses").
User Conduct and Obligations
Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you shall not:
a. upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
3. might violate any local, federal, or international law, either intentionally or unintentionally, or;
4. contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
b. reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Information And Content retrieved therefrom;
c. disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
d. post or provide any information that that you know (or ought to know) is false or misleading, provide false information about yourself, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
e. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;
f. use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, including without limitation any Research Reviews, Synths, Special Reports, Factors, Interactions, Discussions or other database records;
g. use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
h. provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by VitiSynth;
i. redistribute any Information And Content, including but not limited to Research Reviews, Synths, Special Reports, Factors, Interactions, Discussions, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
j. use any Information And Content, including but not limited to Research Reviews, Synths, Special Reports, Factors, Interactions, Discussions, for any purpose competitive with VitiSynth's businesses;
k. present, archive, cache, frame, scrape, or mirror any Information And Content from any part of the Services within another web site, except with express written permission from VitiSynth;
l. remove, obscure, or alter any notice of VitiSynth's intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices,
m. copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the newtork and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract;
n. remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which data is provided by VitiSynth or otherwise circumvent the Services' regular interfaces to such data; and embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, except as specifically permitted in writing by VitiSynth.
o. embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, except as specifically permitted in writing by VitiSynth.
The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by VitiSynth.
Remedies for Violations
License of Your Content to VitiSynth
By uploading, posting, transmitting, sharing, or otherwise making available to the Services any information or content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) VitiSynth or its designee a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such information, content, and/or materials.
THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VITISYNTH, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. VITISYNTH DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:
a. ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;
b. ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;
c. THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;
d. YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION AND CONTENT;
e. PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING THE SERVICES, OR;
f. YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. VITISYNTH DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL VITISYNTH BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. VITISYNTH SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
a. THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;
b. YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE SERVICES;
c. ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, VITISYNTH'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO €1.00.
You acknowledge and agree that VitiSynth reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that VitiSynth will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
Privacy and Personal Information
Confidentiality and Transmissions over the Internet
"VITISYNTH", "JAMES WRIGHT’S VITISYNTH" "VITISYNTH.COM", "VITICULTURE-INTERNATIONAL-SYNTHESISED", the VITISYNTH logo, the VITISYNTHER logo, and other identifying marks of VitiSynth are and shall remain the trade-marks and trade names and exclusive property of VitiSynth, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, databases, complied binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of VitiSynth and is protected by international copyright law. The Information And Content may be used by you only for your personal, non-commercial use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by VitiSynth.
Indemnification by User
Third Party Web Sites, Content and Products and Services
You acknowledge and agree that your correspondence and business dealings with any third parties, including any journal publishers, merchants or advertisers, found on or accessed through the Services, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. You understand and acknowledge that some of the services accessible through the Services are provided by third parties and may make use of the VitiSynth name, logo and/or other identifying marks of VitiSynth, (including, but not limited to, placement of VitiSynth Services within third party web sites and referrals to third party publishers ) and that in certain instances, VitiSynth may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through the Services. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, VITISYNTH IS NOT THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE OR FOR SERVICES WITH SUCH THIRD PARTY IS SOLELY BETWEEN YOU AND THE THIRD PARTY, AND NOT VITISYNTH. VITISYNTH ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS WITH SUCH THIRD PARTIES. By accessing third party services through the Services, you hereby authorize such third party service providers to provide VITISYNTH with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.
Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by VITISYNTH of:
a. the organisations that operate such web sites;
c. such third party products and services.
Effective as of October 17, 2012 (the "Effective Date").
What information is collected?
We do not collect personally identifiable information except where you specifically provide us with such information. With your consent, we may collect your full name, e-mail address, street address, telephone number, and other contact information. We may also collect credit card information from you. We generally collect this personal information on our registration and order forms when you sign up to receive products or services through our Services.
Aggregate technical information (such as IP addresses, screen resolution, browser language, etc.) and anonymous demographic information (such as your postal or zip code, the web site that you came from, etc.) is collected during your usage of the Services.
What is done with the information collected?
We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests, to attempt to prevent fraudulent transactions, to improve the content of our web site in order to enhance your experience, and to contact you when necessary.
Whenever possible, we use non-identifiable information (such as IP addresses and anonymous demographic information) rather than personal information. Non-identifiable information is used to tailor your experiences with our Services by showing content in which we think you will be interested and displaying content according to your preferences. We may use aggregate data for a variety of purposes, including analysing user behaviour and characteristics in order to measure interest in (and use of) the various portions and areas of our Services. We also use the information collected to evaluate and improve our services and analyse traffic to our Services.
Personal information collected on our Services is typically stored and processed in Germany; however, in some instances, it may be transferred, stored, and/or processed outside of Germany. It is important for you to note that the laws on holding data in Germany (or any other country in which we transfer, store or process your data) may be less stringent than the laws of your country, however VitiSynth intends to adhere to the principles set forth in this Policy, unless otherwise required by applicable laws. By using our Services, you consent to the transfer of your personal information to any country in the world in accordance with the terms of this Policy.
Is information collected shared with third parties?
VitiSynth may share your information with our agents, processors, or contractors in order to fulfil your purchase order. We may also transfer information between VitiSynth affiliates and our related companies. You should note, however, that VitiSynth is opposed to spam mail activities and does not participate in such mailings, nor do we release or authorise the use of subscriber data for such purposes.
We may use statistical analysis of aggregate information to inform advertisers, publishers, subscribed organisations and VitiSynth consultancy clients of aggregate user demographics and behaviour, as well as the number of users that have been exposed to or clicked on their advertising banners and links to third party web sites. We will provide only aggregate data from these analyses to third parties.
We may share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Services. We ensure that the third party service providers that we share your information with have privacy policies in place substantially similar to our own.
Posts you make to VitiSynth Discussions (forums) are screened for spam.
We may transfer your information to a third party as a result of a sale, acquisition, merger, or reorganization involving VitiSynth, its affiliates, related companies, or any of their respective assets.
We may also disclose your information in special cases if required to do so by law, court order, or other governmental authority, or when we believe in good faith that disclosing this information is otherwise necessary or advisable, such as to identify, contact, or bring legal action against someone who may be causing injury to – or interfering with – the rights or property of VitiSynth, the Services, another user, or anyone else that could be harmed by such activities (for example, identify theft or fraud).
For more information on cookies, see: http://www.allaboutcookies.org/faqs/cookie-file.html
Do our Services use web beacons?
For more information on web beacons, see: http://www.allaboutcookies.org/faqs/beacons.html
How long is information retained?
Different information is used for different purposes, and is subject to different standards and regulations. In general, information is retained for such period of time as is felt necessary to provide you with services you request, to comply with applicable regulations or legislation, and to ensure that you have a reasonable opportunity to access the information. If you no longer consent to us retaining your personal information, you can request that it be removed by sending an email to firstname.lastname@example.org
Is correspondence that you send to us saved?
Is information submitted in public forums confidential?
No. The Services may offer chat rooms, Discussions (forums), message boards, or news groups to our users. IT IS IMPORTANT TO REMEMBER THAT ANY INFORMATION DISCLOSED IN THESE AREAS BECOMES PUBLIC INFORMATION. Accordingly, you should exercise extreme caution when deciding to disclose your personal information and you do so at your own risk.
Is the website secure?
Yes, the portions of our website (and our other Services) that handle sensitive confidential information are secure.
We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse, and alteration of the information under our control. We employ the latest and most secure techniques available for protecting our systems from intrusion by unauthorized individuals, and we are constantly upgrading our security as better methods become available. Our data centre utilises state-of-the-art physical security measures to prevent unauthorized access to the facility. In addition, all information is stored in a secure location behind firewalls and other sophisticated security systems with limited (need-to-know) administrative access. All VitiSynth employees who have access to, or are associated with, the processing of personal information are contractually obligated to respect the confidentiality of your information and abide by the privacy standards we have established. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use industry standard practices to protect your privacy, we cannot (and do not) guarantee the absolute security of personal information.
Does this Policy apply to other websites?
No. The Services contain links to other Internet websites. By clicking on a third party advertising banner or certain other links, you will be redirected out of the Services and to such third party websites.
We may also permit third parties to offer subscription or registration-based services promoted through our own Services. In some instances, these other services may be co-branded or use VitiSynth's trademarks under license; however, others services have their own respective privacy policies.
We are not responsible for the privacy policies of other websites or services. You should make sure that you read and understand any applicable third party privacy policies, and you should direct any questions concerns to the relevant third party administrators or webmasters prior to providing any personally identifiable information.
How can I deregister from the Newsletter and other Marketing?
Can personal information be updated or corrected?
Yes. You may correct or update your personal information by emailing to email@example.com
In VitiSynth each Synth has a Discussion. For the ongoing benefit of all Subscribers please adhere to the following when contributing to a Discussion: