Terms & Conditions

Bordeaux and Burgundy Limited, ("Bordeaux & Burgundy") and its subsidiaries, (collectively, "Bordeaux & Burgundy" or "we" or "us" or "our") have updated terms that apply to the use of our Website (as herein defined). For the purposes of these Terms and Conditions, the term, "Website", shall refer collectively to www.bordeauxandburgundy.co.uk and any other websites that Bordeaux & Burgundy operates and that link to these Terms and Conditions.

We provide the Websites to you subject to these Terms and Conditions ("Terms"), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms and by Bordeaux & Burgundy's Privacy Policy found at www.bordeauxandburgundy.co.uk/privacy. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our "Services") which are governed by the applicable agreement between you and Bordeaux & Burgundy relating to your access to and use of such Services ("Service Agreement"). Should there be any conflict between these Terms and the Service Agreement, the Service Agreement shall prevail.

1. Changes to Terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

2. Changes to Websites

We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

3. Registration

You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as feedback forms, forums and other community features, to create a user account ("Your Account") that may allow you to provide feedback to users of our Services ("Users"), receive information from us or Users and/or participate in certain features on the Websites. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Websites and all charges related to the same.

4. User Content Guidelines

The following terms apply to content submitted by you.

4.1 The Websites may contain feedback forms, comments sections, discussion forums, or other interactive features ("Interactive Areas") in which you may post or upload your feedback or other user-generated content, comments, video, photos, messages, other materials or items (collectively, "User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older.

4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that violates or infringes upon the rights of others, contains false or misleading information, includes bigotry or hate speech, advocates illegal acts, or is protected intellectual property without express permission.

4.3 You agree not to represent or suggest, directly or indirectly, Bordeaux & Burgundy's endorsement of User Content.

4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.

4.5 You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives.

4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time.

4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted.

4.8 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites.

4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms.

4.10 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content.

5. User Conduct Guidelines

The following terms apply to your conduct when accessing or using the Websites:

• You agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites.
• You agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability.
• You agree not to impersonate any person or entity, including any Bordeaux & Burgundy employee, affiliate, agent, or contractor.
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites.

6. Intellectual Property Rights

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, "Content"), including but not limited to the "look and feel", layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content in any way or through any medium for distribution, publication or any commercial purpose.

You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that you do not remove any copyright or proprietary notice from the Content, such Content will not be copied or posted on any networked computer or published in any medium, and no modifications are made to such Content.

7. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. BORDEAUX & BURGUNDY, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE.

THE WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BORDEAUX & BURGUNDY BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability.

8. Indemnification

You agree to defend, indemnify and hold harmless Bordeaux & Burgundy, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Websites by you. Bordeaux & Burgundy reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section.

9. Termination

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

10. Governing Law

These Terms and Conditions are governed by the laws of the Country of England. Please report any violations of these Terms to george@bordeauxandburgundy.co.uk

11. Miscellaneous

These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Disclaimer Applies to Bordeaux & Burgundy Customers: As part of Bordeaux & Burgundy projects, we might use stock material covered under specific licenses, if required by and agreed with you. Please note that we are not permitted to transfer stock source files to you; purchased licenses only allow Bordeaux & Burgundy to make use of or edits to the stock content, so if you would like to reuse a source file or apply it differently, you will need to ask Bordeaux & Burgundy to do so on your behalf to avoid potentially being in violation of content licenses.

Bordeaux & Burgundy shall bear no responsibility whatsoever should your initial intended use for any project change and should the license(s) and/or usage(s) secured for you by Bordeaux & Burgundy be inadequate for your altered intended use of any project.