)

Enigma

How Intriguig

This site is intended for those of legal drinking age.

By entering the Enigma website, you affirm that you are of legal drinking age in the country and province where the site is accessed.

PRIVACY POLICY - CANADA

Enigma and its affiliates and related brands and/or companies (collectively referred to here as “we,” “our,” or “Enigma”) created this Privacy Policy to inform our website users, club members, event registrants/participants, newsletter/information recipients, promotion participants, online community participants, those who purchase or inquire about our products and services and others (collectively referred to as “customers”) about our practices regarding collection, use and disclosure of personally identifiable information (“personal data”) that we collect from them. This Privacy Policy does not apply, however, to Enigma employees, employment applicants, suppliers, distributors or trade contacts except when they are acting in a “customer” capacity; in all other circumstances, other policies apply.

While our website or other materials may include links or references to non- Enigma websites, materials or entities, this Privacy Policy does not apply to those non-Enigma sites, materials or entities unless otherwise indicated. This includes any websites of affiliated entities.

Your Consent

You should read this entire Privacy Policy before submitting information to us or using our website. Whenever you submit information via our website or otherwise to us, whether online or offline, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.

Intended Audience of Websites

Given the nature of our business, our website is intended only for individuals who are of legal drinking age. As a result, our website does not request or knowingly collect personal data from individuals under the legal drinking age. If you are not of legal drinking age, you should not visit or use this website.

Information Collection and Use

We may collect personal data from customers both online and offline. Online, we may collect information through our website, an affiliated site (such as a promotional microsite linked to our site), a Enigma page on a community website (such as Facebook or the like) or through similar online avenues. In many cases, such information will be collected directly from you, such as through a transaction or inquiry (including via a telephone call) or your submission of a form, registration or communication to us. Information may also be gathered from our affiliates and related brands and companies and from third-party sources (including without limitation, our third-party service providers (such as marketing and fulfillment companies), opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals) and through your activities and interactions with us. We may combine data collected from these disparate sources unless we tell you otherwise.

As you use our website, some information can be “passively” collected using various technologies, such as cookies, web beacons and navigational data collection (clickstream, log files, server logs). Your Internet browser automatically transmits some of this information, such as the URL of the website you just visited and the Internet Protocol (IP) address and browser version currently being used by your computer. Such technologies help us to keep track of your interactions with our website and provide you with a more customized experience.

We use personal data about customers for a wide range of purposes. We use it to respond to your requests (including requests for newsletter subscriptions, materials, coupons/rebates/discounts and so on); to provide products or services that you have ordered; to process your order transactions and contact you regarding your order; to invite and help you participate in a range of online and offline events, activities and/or clubs; to allow you to post information and other content online; to improve our products, services and websites; to follow up with you after you have communicated with us or submitted information to us; to send promotional communications or offers (unless you have requested that we not send such communications); for marketing, research and legal purposes and other purposes (including, without limitation, call center recordings); to permit you to participate in and to otherwise administer sweepstakes, promotions and contests; to allow you to contact another person; to address your interests and concerns; and as otherwise specified in this Privacy Policy and/or at the point of personal data collection.

We may disclose personal data you provide to our affiliates and related brands and/or companies and to consultants, service providers and contractors that we use to support our business and operations (e.g., delivery services, financial institutions, fulfillment services, technical support, advertising, public relations, media and marketing services, sweepstakes and contest-related services, call-in centers, e-commerce and other web-related services such as web hosting and web monitoring services and event-related services such as online and offline data capture) who have agreed to keep the information confidential and use it only to provide the applicable service(s). In some cases, we work with other companies who help to gather information from you or help us to communicate with you.

Where the law allows it, we may share customers’ personal data with affiliates or related brands or companies or selected third-party partners to enable them to market their or other selected third parties’ products and services to you.

We may also disclose personal data to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others') rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose personal data to third parties in connection with the sale, assignment or other transfer of the business of this site.

The recipients of customers’ personal data, and more generally these disclosures, may be located in the United States or other jurisdictions that might not provide a level of protection equivalent to the laws in your jurisdiction. By submitting personal data to us, you consent to the transfer of such personal data outside your jurisdiction. The collection, storage and use of your personal data will continue to be governed by this privacy policy and measures will be taken to ensure that your information is treated securely and in accordance with applicable laws. E. & J. Gallo Winery complies with the U.S.–E.U. and U.S.-Swiss Safe Harbor Frameworks (collectively “Safe Harbor”) and adheres to the Safe Harbor principles of notice, choice, onward transfer, security, data integrity, access, and enforcement regarding the processing of personal data from countries within the European Economic Area (“EEA”) and Switzerland.

We may make full use of all information that is de-identified or otherwise not in personally identifiable form, We may also make full use of all user-generated content you submit to us, in accordance with our Terms of Use.

Security

We take appropriate steps to protect personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage. Please keep in mind, however, that there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any user name and password you use.

It’s Your Choice: Contact Preferences

Enigma wants to keep in touch with you in ways that you find to be beneficial. If you don’t want Enigma to use your contact information to communicate with you for promotional purposes (such as to tell you about other products and services that might be of interest or to offer coupons/discounts), please tell us that when you provide your contact information. You can also let us know your preference later by contacting us as specified in the “Contact Us” section below, by accessing your account via the Enigma site (if applicable) or by following the instructions in various communications that we may send you. Keep in mind that these preferences regarding promotional contacts do not mean that Enigma might not contact you for other reasons, such as those related to an order you placed, an inquiry you made, a message that a friend or acquaintance requested be delivered (such as through our tell-a-friend/invite-a-friend features), a newsletter to which you may have subscribed, a membership you undertook, an event for which you registered, a legally required notice and so on.

Access

To keep personal data provided by you accurate, current and complete, please contact us as specified in the “Contact Us” section. We can then take appropriate steps to update or correct such information in our possession or to delete your information from our contact list.

Contact Us:

If you have questions or concerns related to this Privacy Policy or our information practices, would like to update or correct information you have provided or would like to opt out of promotional communications from Enigma, please contact us as follows:

Changes to This Privacy Policy

If this Privacy Policy changes, the revised policy will include a new effective date and will be posted on this page. Be sure to check the Privacy Policy whenever you submit personal data. The effective date of this Privacy Policy is 10/27/14.

ACCEPTABLE USE POLICY

Acceptable Use Policy for the ENIGMA website





Introduction





This Acceptable Use Policy ("AUP") encourages the responsible use of the ENIGMA ("ENIGMA" "us" or "we") website and any features and functionality made available through the ENIGMA website (“Site”). This AUP is incorporated by reference into the Terms of Use for our Site. Capitalized terms not defined in this AUP will have the meanings set forth in the Terms of Use. The purpose of this AUP is to delineate the type of actions and Content that are contrary to our mission and philosophies as well as to ensure that your use of our Site is in compliance with applicable laws, rules and regulations.





Prohibited Use and Content





In general, while using the Site you may not take any action (including the posting of any Content) that at the sole discretion of ENIGMA is contrary to our advertising, marketing or other philosophies and practices, or otherwise contradicts applicable laws, rules, and regulations.





The following list includes examples of Content and actions we prohibit on our Site.  Please review this list carefully.  You are required to strictly adhere to these prohibitions and your failure to do so could result in, among other things, suspension of your Membership rights for the Site and/or legal and financial liability.  Therefore, actions you take, including posting of Content, on this Site shall not:

  1. Offend Generally Accepted Standards of Public Decency and Respect of Others.For example, the Content must not:

    • Contain derogatory references to or otherwise degrade any group or individual based on race, colour, ethnicity, national origin, gender, sexual preference, sexual orientation, religion, age or disability;
    • Promote bigotry, hatred or physical harm of any kind against any group, individual or entity;
    • Harass or intimidate or advocate harassment or intimidation of another group, individual or entity, including using any information obtained through the Site to harm or abuse another group, individual or entity;
    • Contain nudity, sexually explicit or sexually suggestive content, violence or abuse, or other lewd, obscene offensive subject matter;
    • Contain a link to an adult website or any website with an audience demographic of less than 70% above the legal drinking age;
    • Use profanity or vulgar language;
    • Further, promote, depict, feature or provide instructional information about criminal or illegal activities, drug use, drug dealing, gambling, theft, fraud, or conduct that is discriminatory, violent, abusive, threatening, obscene or otherwise not in good taste.
  2. Use Unacceptable Depictions or Portrayals of Alcohol.  For example, the Content must not:

    • Feature, communicate with or solicit anyone under the applicable legal drinking age;
    • Promote, poke fun at, or display excessive or binge drinking;
    • Feature consumption of alcohol by underage people or pregnant women;
    • Exhibit a person operating any motorized vehicle during or after consuming alcohol, or participating in any activity requiring a high degree of alertness or physical coordination;
    • Contain items with significant underage appeal;
    • Showcase opinions on potential benefits of alcohol.
  3. Infringe Intellectual Property, Publicity, Privacy and Other Rights of Others. For example, the Content must not:

    • Constitute or promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files;
    • Involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
    • Publicly post information that poses a privacy or security risk to any person;
    • Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • Contain any programs or materials with malicious code, such as computer viruses, timebombs, trojan horses, spyware or any other similar programs or materials that may damage the operation of another’s computer;
    • Solicit or collect passwords or personal identifying information for commercial or unlawful purposes from others;
    • Incorporate, refer to or otherwise use the name, voice, image, likeness, personal identification, personality or performances of any person, whether in a photograph, in any audio, video, or other recording or otherwise without the prior express written consent of such person;
    • Violate or infringe upon any copyright, trademark, service mark or other intellectual property or proprietary right of any person or entity;
    • Be defamatory or libelous or violate or infringe upon the rights of publicity or privacy, contract rights or any other rights of any person or entity;
    • Reflect negatively on, make derogatory references to or otherwise adversely affect ENIGMA, E. & J. Gallo Winery, their respective products, services, names, reputations or goodwill or the name, reputation or goodwill of any competitor’s company, products or services, or any individual, company, or Enigma;
    • Include any promotion or endorsement, whether intentional or implied, of any, product, software, service or application;Incorporate trademarked material (company names, sports teams, TV shows, movies, celebrities, songs, works of art, recipes, etc) without prior express authorized written consent from the trademark owner;
    • Include or invokes celebrity names or photographs without their prior express written consent;
    • Result in or encourage (a) use of the account, username, password or other personal identification of another user at any time, (b) disclosure of your username or password to any third party, or (c) any third party to access your account to use any portions, features or functions of the Site or for any other purposes;
    • Impersonate or attempt to impersonate another user, person or entity;
    • Have the effect of selling or otherwise transferring your profile;
    • Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this Site or otherwise permit the unauthorized use of or access to a computer or a computer network.
    • Discourage, prevent, impair or restrict any person or entity from using or enjoying all or any portions, features or functions of the Site.
  4. Infringe on Other Rights.  For example, Content shall not:

    • Result in displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
    • Constitute or promote information that you know or reasonably should know is false, deceptive, deceitful, misleading or misinformative;
    • Involve commercial activities and/or sales such as contests, sweepstakes, barter, advertising;
    • Contain information regarding ENIGMA or E.& J. Gallo Winery events unapproved by ENIGMA and/or E. & J. Gallo Winery and their Compliance Department, including disclosure of retail locations of events;
    • Incorporate political affiliations, the armed forces, or any country’s flag, crest, seal, coat of arms, or other insignia; or
    • Violate or otherwise be inconsistent with any and all applicable laws, regulations or treaties (including without limitation, laws that govern the export of products or information from the United States) or the Terms.

Modifications to this Acceptable Use Policy

We may amend or terminate this AUP at any time and such amendment or termination will be effective at the time we post the revised AUP on the Site. We will notify you of material changes to this AUP.  Notices of material changes may be effected by posting the revised AUP on the Site, emailed to you, displayed upon login and/or given by any other reasonable means that we decide. Each time you use the Site you should visit and review the then current AUP for this Site. Your continued use of the Site after we have posted revised AUP signifies your acceptance of such revised terms.

Terms of Use Agreement

Welcome to the Enigma website (the "Site"). This Site is intended to provide you with information about our wines, campaigns, sponsored events and other activities, products and/or services we may offer from time to time. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to "we" or "us" or "Enigma" herein refer to Enigma or our affiliated and related companies, service providers, suppliers, advertisers and designees (and all of their successors, officers, partners, employees, agents and representatives) as deemed appropriate by us. “Site” refers to all websites and webpages within the Site and any back-up, equivalent or substitute websites or webpages associated with the Site.

Compliance with Terms

By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy, our Acceptable Use Policy, any additional terms that govern certain products, services or offerings, which will be presented in conjunction with such products, services and offerings (“Additional Terms”) as well as other legal notices, terms and policies on this Site (together referred to as "Terms"), all of which are expressly incorporated herein by this reference. In the event of any conflict between the Terms of Use and any Additional Terms, the Additional Terms shall govern.

You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means you have registered with us for the Site, if registration is available on the Site). The term "User" means a "Visitor" or a "Member". Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you will be required to indicate your acceptance of these Terms during the registration process.

Amendment

We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. We will notify you of material changes to any Terms. Notices of material changes may be posted on the Site, emailed to you, displayed upon login and/or given by any other reasonable means that we decide. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its Content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Enigma with respect to your use of the Site.

Eligibility

You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means you have registered with us for the Site, if registration is available on the Site). The term "User" means a "Visitor" or a "Member". Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you will be required to indicate your acceptance of these Terms during the registration process.

Use of the Site and its features and registration to be a Member ("Membership") is void where prohibited. By using the Site and its features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and its features does not violate any applicable law, rule or regulation. The terms “use” or “using” mean any act or attempt by you to directly or indirectly access, visit, view, interact with, receive, transmit, display or exchange data, print or copy from, communicate with or otherwise utilize any features or other elements of the Site for any purposes whatsoever.

Term

The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership or limit your Site access at any time, for any or no reason, with or without prior notice or explanation, and without liability of any kind to you or any other person or entity. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them (including without limitation, any representations, warranties, indemnifications and limitations of liability) except that your right to use the Site as a Member will terminate.

Passwords

If registration is available on the Site, then when you register to become a Member, you will be asked to choose a user name and password. You may also be asked for other information when you register to become a Member or when you post any Content to the Site. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site or for any other reason. You must notify us immediately by clicking HERE if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality. Please also make sure you promptly notify us if any of your registration information changes, in case we need to contact you. We are in no way responsible for any loss or damages that you may incur or any product purchases that are made as a result of any unauthorized use of your user name or password. However, you may be liable for the losses of Enigma or others due to such unauthorized use.

Your Use of the Site

Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to use the Site in any manner not expressly authorized by the Terms. You agree not to copy, translate, modify or make derivative works of any portion of the Site.

Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

User Content

Generally

We may, but are not obligated to, allow you to upload music, images, photos, videos, sounds, art, graphics, text, messages or other materials or any combination of these (“Content") for display on the Site. If we allow this feature, please choose carefully the information you post on the Site, provide to other Users and/or otherwise make available to us and through the Site. Your content may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Site in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Site or its features by any person or entity, please click on the "Contact Us" link on the Site pages and follow the directions as to how to contact us.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to 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. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your Membership and/or your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.

Prohibited Content

You may not upload to the Site any Content that: (1) is not owned exclusively by you; (2) you do not have the right or permission to use or upload; (3) violate someone’s rights of publicity or privacy or equivalent name and likeness right; (4) is obscene or lewd; (5) is inconsistent with the reputation and image of Enigma; (6) is defamatory or discriminatory; (7) contains trademarks or other intellectual property owned by others; (8) is not truthful; (9) violates any law or regulation; (10) is not otherwise in good taste; (11) contains bugs, viruses, Trojan horses or any other potentially damaging code or programs; (12) contains any code or programs that copy, collect or alter any information, code or Content on the Site; or (13) otherwise violates these Terms, including without limitation, our Acceptable Use Policy.

Proprietary Rights

Enigma does not claim any ownership rights in the Content that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any rights you may have in your Content, subject to the license granted to Enigma herein.

By displaying or publishing Content on the Site, or otherwise submitting Content to us (collectively, "posting"), you hereby grant to Enigma an unlimited, royalty-free, non-exclusive right and license (but not obligation) to edit and/or use your Content, in whole or in part, for any purposes whatsoever, throughout the universe, in any languages and in any media formats or media channels now existing or developed in the future, without accounting, notification or other obligation or liability to you whatsoever. All rights and licenses granted by you under these Terms are perpetual and irrevocable.

Without limiting the foregoing, the rights granted to Enigma by you include without limitation, the following rights with respect to all or any portions of your Content:

  • to host, cache, store or maintain your Content on the Site or as otherwise determined by us;
  • to copy or otherwise reproduce your Content;
  • to reformat, repurpose, modify, delete from, add to, distort, translate, or create derivative works of your Content;
  • to mix, combine, merge or incorporate all or any portions of your Content into works of authorship by us or by others or to otherwise alter the Content; and
  • to use, exhibit publicly perform, publicly display, publish, broadcast, transmit, distribute, advertise, market, promote and otherwise exploit your Content or derivatives thereof in any manner and for any purpose whatsoever, whether on, through or in connection with the Site or other media channels whether in connection with the advertising, marketing publicity and/or promotion of the Site (including, for example, through screen shots), Enigma, our products, services or events or whether for any other purpose we desire.

The rights granted to Enigma by you also include the royalty-free right, license and permission to use your name and conversation (including quotes, paraphrases, sounds and any performance of musical compositions), likeness, personal identification, personality and personal experiences, tradenames, service or trademarks, logos, brands and/or other distinctive identification and/or proprietary indicia contained in or otherwise associated with your Content in order to exploit any and all of the rights granted to Enigma by you under the Terms. You will not be entitled to and you will not receive any compensation, credit or other consideration for your Content or any use made of your Content once submitted to us. You acknowledge that our acceptance of your Content, whether or not used by us, constitutes sufficient and adequate consideration for all of the rights granted to us by you.

You acknowledge that Content posted by you to the Site or otherwise submitted or disclosed to us may embody materials, suggestions, concepts or ideas that are substantially similar or identical to those which have been developed by Enigma or which have been (or may in the future be) submitted to us by others (“Like Properties”). You further acknowledge and agree that you will not be entitled to receive compensation of any kind with respect to the use or exploitation of any such Like Properties and any similarities between Content submitted or disclosed to us by you and any Like Properties are purely coincidental and unavoidable.

Enigma shall have the right to freely assign, transfer, convey, license, sublicense, delegate and/or otherwise dispose of all or any portion of the rights, licenses, privileges and/or obligations of Enigma under the Terms to any person or entity without accounting, notification or other obligation or liability to you whatsoever.

From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above.

You represent and warrant that:

  • You own the Content posted by you on or through the Site or otherwise have and will continue to have the rights necessary to grant all of the rights, licenses, consents, permissions and approvals set forth in the Terms and to otherwise perform your obligations under the Terms;
  • The posting of your Content on or through the Site does not contain any defamatory, tortuous or otherwise unlawful information, violate the privacy rights, publicity rights, contract rights, intellectual property rights, moral rights or any other rights of any person or entity or contain any material the publication or sale of which might violate any applicable laws, rules or regulations;
  • The Content posted by you will comply in all respects with the Terms, including without limitation, our Acceptable Use Policy;
  • You shall be solely and fully responsible for and shall timely pay any and all royalties, fees, and any other amounts owing to any person or entity by reason of any Content posted by you or your use of the Site;
  • All of the information posted by you in connection with your Content is correct, complete and current; and
  • The submission of your Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, it being understood by you that Enigma is not a signatory to any such collective bargaining agreement.

Upon the request of Enigma you will provide Enigma any documentation or other substantiation that Enigma deems reasonably necessary to verify your compliance with the above representations and warranties or any or all of the Terms. You acknowledge that Enigma does not guarantee any confidentiality with respect to any information provided by you, and that none of the Content you submit to us will be treated as confidential or subject to any restrictions of any kind.

The Site may contain Content provided by Enigma, including, without limitation, text, images and logos ("Enigma Content"). Enigma Content is protected by copyright, trademark, and other laws, and Enigma owns and retains all rights in the Enigma Content and the features and functionality of the Site. Enigma hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Enigma Content (excluding any software code) solely for your personal use in connection with viewing the Site. The Site may contain Content of Users and other licensors. Except as expressly provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site.

Content Posted.

You acknowledge and agree that Enigma shall have no obligation to accept, host, post, display, use or otherwise do anything with respect to any Content posted by you and Enigma in its sole and absolute discretion may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of Enigma violates these Terms, our Privacy Policy and/or our Acceptable Use Policy. We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time Enigma chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.

Protection of Intellectual Property Rights

Enigma respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.

If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please notify us as set forth in our Copyright Infringement Notice Procedure. [ INSERT LINK].

Disclaimers

THE ENIGMA SITE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, SERVICES, FEATURES AND FUNCTIONS OFFERED BY, THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS’ AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. ENIGMA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY ELEMENTS THEREOF.

Without limiting the foregoing, Enigma is not responsible for and makes no warranties, express or implied, as to any Site Content, features or functions, including, without limitation with respect to the accuracy, completeness, authenticity, validity, reliability, timeliness, adequacy, quality, performance, usefulness, or security of the Enigma foregoing , whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of Enigma. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Enigma is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy,completeness or otherwise by Enigma. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Enigma. When you access these third party sites, you do so at your own risk. Enigma takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Enigma is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Enigma assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Enigma is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Enigma be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Enigma hosted, branded or sponsored event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, Enigma shall have no liability for any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site by a third party or anything else beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.

The Site and its user Content submission features are controlled and offered by Enigma from its facilities in the United States. Enigma disclaims any representations or warranties that the Site, Site features or Content is available for use in or appropriate for other jurisdictions. Those who access the Site from other jurisdiction do so at their own volition and are responsible for complying with laws or regulations that may apply to them in their applicable jurisdiction. Enigma makes no representations or warranties that the Site, the Content or Enigma’s use of Content in accordance with the Terms will comply with the laws or regulations of jurisdictions other than the United States.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

Limitations of Our Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTUAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, COSTS, FEES OR EXPENSES OF ANY KIND IN CONNECTION WITH OR ARISING FROM THE SITE, YOUR USE OF THE SITE (OR ANY ELEMENTS THEREOF OF) OR THESE TERMS IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER LEGAL THEORIES LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED AS AFORESAID EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THE TERMS FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

YOU ACKNOWLEDGE THAT ENIGMA IS NOT LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE OR HARM FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

Your use of the Site is solely at your own risk. You agree to indemnify, defend and hold harmless Enigma from any claims, damages, losses, liabilities, costs or expenses, (including without limitation, attorneys' fees) (“Claims”), due or relating to or arising out of: (1)your use of the Site in violation of the Terms; (2)any actual or alleged breach by you of the Terms and/or your representations and warranties set forth in the Terms; and/or (3) any use or non-use of the Content that you post (including, without limitation, Claims for defamation, false light, invasion of privacy, right of publicity, infringement of intellectual property or other rights of any person or entity, violation of moral rights or similar rights, emotional distress or economic loss).

Enigma reserves the right to assume at its sole expense, the exclusive defense and control of any such Claim and all negotiations for settlement or compromise and you agree to fully cooperate with Enigma in the defense of any such Claim as requested by Enigma.

Miscellaneous

The Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Sacramento County for state court causes of action and in the Eastern District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Enigma regarding the use of Site and its services and features. The failure of Enigma to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

Trademarks

Enigma is a trademark of E. & J. Gallo Winery.

California Table Wine, ©2015 Enigma Wines, Modesto, CA. All rights reserved. Use of this site is subject to the user agreement and privacy policy, trademarks and acceptable use policy.