Terms & Conditions of Use
YOUR USE OF SAPOTUM´S WEBSITE, SOCIAL MEDIA PAGES, AND/OR MOBILE APPLICATION CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS OF USE. PLEASE READ THESE TERMS AND CONDITIONS INCLUDING ANY INCORPORATED POLICIES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THESE SITES.
1. Definitions and General Remarks
When used in this Terms and Conditions of Use Agreement, the terms “we”, “us” and “our” refer to Sapotum LLC (“Sapotum”); the terms “you”, “your” and “user” refer to all individuals and/or entities using Sapotum´s website, social media pages and/or mobile application (“Site”) for any reason.
This Terms and Conditions of Use Agreement (“Agreement”) constitutes a valid, binding contract between you and Sapotum, the owner and operator of www.sapotum.com, with respect to the use of this Site. The products and services of Sapotum are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended and changed from time to time. You shall read this Agreement carefully as it forms a binding contract between you and Sapotum.
2. Legal Drinking Age
You acknowledge and agree that you are of legal drinking age. If you are an underage person, you are not allowed to access or use this Site, including accessing advertising or marketing information on the Site. If you are of legal drinking age, you acknowledge and agree that you will not share materials from this Site with underage persons. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of Sapotum’s products or merchandise or to participate in any of our promotions or other offers on this Site or otherwise.
This Site has been designed to comply with United States (“US”) law. Sapotum does not represent that the content of this Site is appropriate for locations outside the US. If you access this Site from locations outside the US, you are responsible for complying with all applicable local laws.
Each of the wines referred to on the Site may be offered and sold only to (1) entities and persons who reside in US states where we are legally registered and who hold all respective US licenses and permits, and to (2) entities and persons who reside in countries where we are otherwise legally permitted to offer and sell wines and who hold all respective licenses and permits of such country.
4. Use of Contents
You understand that except for advertising programs offered by us on the Site that the content of the Site is available for your personal, non-commercial use only; content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.
5. Use of Site
Your use of the Site is at the sole discretion of Sapotum, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through this site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree, warrant and represent not to use the Site to:
(1) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(2) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(3) upload, post, email or otherwise transmit any content that violates or infringes upon any patent, trademark, trade secret, privacy, publicity, copyright or other personal or proprietary rights of any party; or
(4) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Proprietary Rights
You acknowledge that you are aware that the Site is protected by copyright, trademark, trade dress and other intellectual property rights. The property rights to any and all contents and source codes of this Site are proprietary to Sapotum or its third party licensors, and you may not reproduce, post on any other site, modify, distribute or transmit any portion of this Site without the express written consent and permission.
Any name, logo, label, trademark or service mark (“Mark”) contained on this Site is owned or licensed by Sapotum and may not be copied, displayed or otherwise used by you without the prior written consent of Sapotum. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized or sponsored by Sapotum.
The entire Site, and any object code and source code, and content on the Site and available through the Site, including but not limited to text, information, graphics, multimedia content, including but not limited to images, pictures, illustrations, designs, audio, video, applications, software, html and other mark up languages, all scripts within the site associated therewith, and other files, and their selection and arrangement (“Site Content”), are the proprietary property of Sapotum or our licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
Provided that you are eligible for use of the Site, you may access this Site for your individual non-commercial use only. You are granted a limited, personal, revocable, non-transferable, and non-exclusive license to access and use the site and the Site Content on a single computer and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact and provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site and the Site Content.
You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods.
Any use of the Site or the Site Content other than as specifically authorized herein, without prior written permission, is strictly prohibited and will terminate the license granted herein. Any unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes, and may be subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8. Copyright Infringement
Sapotum has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing upon any copyright, which you own or control, you may send a written notification of alleged intellectual property rights infringement by contacting us via the contact form or via ordinary U.S. mail at: Sapotum | Attn: Legal Department | 900 IDS Center | 80 S 8th St. | Minneapolis, MN 55402 | USA.
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set for in the DMCA. You are encouraged to review them (see 17 U.S.C. Â§ 512(c)(3)) before sending your claim. Upon receipt of notice of claimed infringement that complies or substantially complies with the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
9. Third Party Sites and Content
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS SAPOTUM, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR MANAGERS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DEMANDS, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF SAPOTUM, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, ANY THIRD PARTY SITES AND THIRD PARTY CONTENT REFRENCED OR LINKED TO THIS SITE, AND ANY VIOLATION OF THIS AGREEMENT OR OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAPOTUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER; OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(2) SAPOTUM MAKES NO WARRANTY THAT:
(2.1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2.2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(2.3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(4) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAPOTUM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAPOTUM OR OUR MANAGERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAPOTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE SITE;
(2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(4) ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR
(5) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, SAPOTUM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST SAPOTUM ARISING OUT OF THE USE OF THE SITE.
SAPOTUM SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
14. Governing Law; Venue and Jurisdiction
This Agreement, the content and use of this Site, the entire relationship between you and Sapotum and any of our affiliates, and any litigation or other legal proceeding between you and Sapotum and any of our affiliates (whether grounded in tort, contract, law or equity) shall be, without regard to principles of conflict of laws, governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its choice of law rules.
This contract is fully performable in the United States. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Minnesota. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and Sapotum with respect to your use of the Site, superseding any prior agreements between you and us relating to your use of the Site. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
Sapotum may terminate your right to use this Site, with or without cause at any time in its sole discretion, with or without notice, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use, or if we believe that you are under legal drinking age. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Sapotum reserves the right to update, revise, supplement, modify or amend this Agreement and any policies affecting this Site at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments. It is your responsibility to regularly check this Site to determine if there have been changes to this Agreement or any policies incorporated herein and to review such changes.
Last Modified and Effective Date: March 2017
19. Questions and Inquiries
If you have any comment or question regarding this Agreement, or if you need to contact Sapotum for any other reason, please contact us via email by using the contact form.
Thanks for visiting Sapotum´s Site.