Welcome to the Clay Creek Vineyards site (the “Site”), designed to educate you about our wines, promotions, and sponsored events. We strive to make the Site a rewarding experience for all our users at every visit, hoping you will return time and again. To maintain an enriching user experience, we ask that you adhere to the Terms and Conditions of Use for the Site as outlined below. All further mention to “we” or “Clay Creek Vineyards” refers to Clay Creek Vineyards, our affiliates, subsidiaries, service providers and designees.
To access the Site you must be of legal drinking age in the country where you reside. Should you not be of legal drinking age in your residing country or territory, please exit the Site now.
Use of the Site is void where prohibited. By using the Site, you affirm all information you provide is accurate and truthful, and that you are not in violation of any applicable law or regulation.
Information Submitted Through the Site
Rules of Conduct
By using the Site, you agree to respect all applicable laws, regulations, and rules, as well as the rights and dignity of other users. Use of the Site and Services is your acceptance to comply with the following rules of conduct. Failure to comply may result in termination of access to the Site.
You agree not to:
Post, transmit, or otherwise make available through or in connection with the Site:
Information or materials that are or may be threatening, harassing, degrading, hateful, defaming, libelous, false, obscene, indecent, pornographic, or that are protected by copyright, trademark, trade secret, or that portray or encourage irresponsible drinking
Information or materials that are open to criminal or civil liability, or that encourages partaking in criminal activities of any sort
Viruses, Trojan Horses, spyware, or any other computer code, file, or program that is harmful, or that is intended to damage or disrupt the operation of or monitor the use of any hardware, software, or equipment
Unsolicited or unauthorized advertisements not previously approved by Clay Creek Vineyards in writing
Personally identifiable and/or non-public information about a person/company without their prior written consent
Use the Site unlawfully
Use the Site to violate the rights and privacy of others, including collecting information about other users of the Site
Impersonate a person or entity, falsely state or misrepresent yourself or your affiliation with a person or entity in connection with the Site, or state or imply Clay Creek Vineyards endorses any statement you make
Interfere with the operation of the Site or the servers or networks used to make the Site available, or violate the requirements, procedures, policies, or regulations of said networks
Restrict other users from accessing the Site
Reproduce, copy, sell, link to or otherwise misuse for commercial purposes any portion of the Site
Modify, adapt, translate, or disassemble any portion of the Site
Download and store any Site content
Use any type of manual or automatic device to retrieve, “data mine”, index, or gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site
ANY INFORMATION YOU CHOOSE TO MAKE PUBLICLY AVAILABLE IS DONE AT YOUR OWN RISK.
The Clay Creek Vineyards, our affiliates, or our service providers may offer features through the Site that allow you to post information, photos, or other materials publicly on your personal “profile page” (your “Profile”). All rules of conduct described above apply.
User Generated Content
Clay Creek Vineyards reserves the right to reject, deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. This includes the right to refuse to post or to remove any posting, including private messages.
The Site may contain opinions, statements, or other content submitted by third parties for which Clay Creek Vineyards is not responsible for screening, monitoring, or verifying, including the content’s accuracy, reliability, or compliance with laws. Content made available by third parties is strictly the opinions of the third party and is not endorsed by Clay Creek Vineyards.
Clay Creek Vineyards may, without obligation, monitor, alter, refuse to post, or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose. If you are aware of any unlawful, offensive, or objectionable content on the Site please click on “Contact Us”.
Termination and Enforcement
Links To or From Other Websites
Unless otherwise stated, Clay Creek Vineyards is not associated with operators of any third party websites that link to or are linked from the Site. We disclaim any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Site. We make no guarantees to your satisfaction with products or services that are available through any third party site that links to or is linked from the Site. We do not make warranties as to the security of any information that you may provide or be requested to provide to any third party, whether through such third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES IS AT YOUR OWN RISK AND THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES OF SUCH THIRD PARTY SITES THAT APPLIES.
Clay Creek Vineyards reserves the right to block links to third party websites without prior notice and at its sole discretion.
The Site is provided “as is”. All materials and information on the Site are provided to you without warranty, express or implied, of the accuracy and reliability of the content, whether it be content provided by Clay Creek Vineyards, user generated content, or content posted by a third party. Clay Creek Vineyards takes no responsibility for the third party advertisements, applications, or goods and services posted on or through the Site. We are not responsible for the conduct, online or offline, of any user of the Site, including, without limitation, any Submission posted by any user. We assume no responsibility for errors, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication. We are not responsible for technical problems including but not limited to problems with telephone network or lines, computer online systems, service providers, computer equipment, software, failure of any emails, traffic congestion on the Internet or on any portion of the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading content in connection with the Site. Under no circumstances shall Clay Creek Vineyards be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance of an event, from content posted by other users, or from the conduct of users, online or offline.
Certain states do not allow the exclusion or limitation of certain warranties or liabilities, therefore the above limitations or exclusions may not apply to you.
Limitations of Liability
Clay Creek Vineyards shall not be liable for any damage, claim, or loss incurred by you, including but not limited to, incidental, direct, indirect, special, consequential or exemplary damages, loss of profits, loss of use, loss of data, or loss of security, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This applies to all causes of action. Your sole and exclusive resolution for dissatisfaction with the Site is to stop using the Site. If the warranty exclusion or limitation of liability set forth in this use agreement is for any reason whatsoever held unenforceable or inapplicable, you agree the aggregate liability of Clay Creek Vineyards for all damages, losses, and causes of action, shall be the total amount, if any, paid by you to Clay Creek Vineyards to access and use the Site.
Your use, inability to use, or activities in connection with the Site
Any allegation that a Submission or other material that you make available through the Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party
Your violation of any rights of any user
This Agreement governs the limited permission grants for establishing a hyperlink between a user's website and Clay Creek Vineyards’ (the “Brand”) website (the “Site”) www.thecollectionwine.com. By creating a hyperlink between your website and the Site, you agree to be subject to this Agreement. So, if you are willing to agree to the following requirements, you may link to our site under the following conditions:
This Agreement applies only to the Site.
B. You may link by using only standard text hyperlinks, such as those shown above. You may not link by using any trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property of the Brand either on the Site or in any website source code (such as a meta tag) and no such rights are granted herein.
C. You agree that each site on which the link will appear shall conform and be in compliance with the following guidelines:
Each site shall only market products to adults and shall have an independently audited demographic indicating at least 71.6% of its site visitors are of legal drinking age in the country/territory which they reside.
Each site will comply with the laws, local industry codes and regulations, including any limitations or restrictions, imposed by the governments of the markets in which our products or your products are marketed or sold.
No site will use religious or other cultural symbols in a way that is likely to offend a particular religious or ethnic group.
No site will use sexual slang, situations or depictions, or exploit the human form. You agree not to use the link on any website that contains, or links to any other websites that contain obscene, discriminatory, offensive, political or pornographic material of any kind.
With respect to the promotion and use of beverage alcohol, none of the sites on which the link will appear will violate, nor will they contain any content prohibited by, the Wine Institute Code of Advertising Standards available at:
You agree not to use the link on any website that disparages the Brand, the Site, or the Brand’s products or services, or which infringes on the Brand’s or its affiliates’ intellectual property or other rights.
You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Sites.
You may link only to the opening page for the Site and you may not skip the web pages requiring the viewers of the Site to verify their age.
You agree to indemnify and hold the owners of the Brand and its affiliates (“Brand and Affiliates”) harmless from and against any claims for damages or other claims, asserted against the Brand and Affiliates including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your website being linked to the Site.
The Brand reserves the right to seek the appropriate remedies against any action by you that does not conform to these terms and conditions.