Policy & Terms
Vineyard’s Privacy Policy
Last updated: 13th May 2025
Welcome to Vineyard’s privacy policy/notice page.
Vineyard is a free platform that enables creators earn from their online courses, paid group chats, webinars, paid meetings & mentorship sessions etc.
This Privacy Policy explains how Iris Enterprise Solutions (hereinafter referred to as “We”, “Us” or “Our”), the organization behind the Vineyard product, collects, uses, discloses and safeguards your information when you visit, use or interact with our mobile application, website or any other medium via which our Vineyard services can be accessed (all aforementioned mediums hereinafter referred to as our “Product”).
Modifications
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by revising the “last updated” date of this Privacy Policy and sending you an email or other reasonably applicable forms of notifications.
Any amendments or modifications will be effective immediately upon updating the copy of this Privacy Policy that can be accessed via the Product. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Product after the date this Privacy Policy is updated.
Information We Collect
We may collect information about you in a variety of ways. The information we may collect on the Product includes:
- Personally identifiable information, such as your name(s), address(es), email address(es), and telephone number(s), and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Product or make payments for or in connection with the Product or choose to participate in any activity related to or connected with the Product;
- Information our servers automatically collect when you access the Product such as your IP address, browser type, device name and type, operating system, mobile device ID, mobile device model, mobile device manufacturer, access times, time spent using the Product, country, interactions in the Product, the pages viewed directly before and after accessing the Product and other forms of derivative data;
- Financial information such as data related to payment methods including valid credit card number, card brand, expiration date that we may collect when you purchase, order, return, exchange, or request information about our services from the Product;
- Information from third parties, such as name, gender etc, where you connect your account with us to such third parties or grant the Product the permission to access such information with third parties.
We may additionally collect information about you by sending cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser.
Use of Your Information
We may use information we collected about you to:
- Compile anonymous statistical data and analysis for use internally or with third parties;
- Create and manage your account, deliver promotions, coupons, newsletters, targeted advertising;
- Communicate with you;
- Enable you or other users or us access or perform different functions in the Product;
- Personalise your experience in the Product and other connected sites or mobile applications or products;
- Monitor and analyze usage and trends in the Product;
- Offer new products and services;
- Prevent fraudulent transactions, monitor against theft and protect against criminal activity, resolve disputes and troubleshoot problems, and other activities;
- Perform other features or functions in connection with your use of the Product.
Consent
By accessing or using Our Product, you agree to the collection and use of information in accordance with this Privacy Policy. After giving consent, you may change your mind and withdraw the consent at any time by contacting us at vineyardhq@gmail.com. Note that your withdrawal of consent will not affect the lawfulness of any processing carried out before such withdrawal of consent.
Limitation of Purpose
We only collect information about you for identified purposes for which consent has been obtained. And wouldn't use such information for another purpose that is incompatible with the original purpose, except consent is obtained for such other purpose.
We only collect personal information that is relevant and necessary for us to be able to carry out the purpose for which such information about you is processed. We will also evaluate to what extent personally identifiable information is necessary. Where not necessary to carry out the purpose, anonymized data would be used instead.
Sharing Your Information
We may share information we have collected about you in situations such as when responding to a legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, for fraud protection and credit risk reduction, to provide certain services or functionalities and in other situations.
Transfer of Your Information
In the event of a total or partial sale, merger or other transactions involving the transfer of assets, you acknowledge that your information may form part of assets transferred or acquired by a third party. We shall, however, ensure that such third party puts necessary technical and security measures in place for the protection of information we collect under this Privacy Policy.
Where the third party is in a foreign country, in the absence of any decision by NITDA (the National Information Technology Development Agency) or the Attorney General of the Federation as to the adequacy of safeguards in a foreign country, a transfer or a set of transfers of Personal Data to a foreign country or an international organisation shall take place only on one of the following conditions:
- that you explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers;
- the transfer is necessary for the performance of a contract between you and Iris Enterprise Solutions or the implementation of pre-contractual measures taken at your request;
- the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Iris Enterprise Solutions and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for the establishment, exercise or defence of legal claims; and
- the transfer is necessary in order to protect your vital interests or of those of other persons, where you are physically or legally incapable of giving consent;
Provided, in all circumstances, that you have been manifestly made to understand through clear warnings of the specific principle(s) of data protection that are likely to be violated in the event of transfer to a third country, this paragraph shall not apply to any instance where you are answerable in duly established legal action for any civil or criminal claim in a foreign country.
Third-Party Privacy Policies
The Product may contain links to or technologies connected with third-party websites, applications and technologies. By interfacing with these websites, applications and technologies, you acknowledge to take those steps necessary to, at your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.
Data Retention
We retain your information for as long as your account is active or as long as need to be able to comply with applicable legal and statutory obligations or provide our services to you.
Accordingly, the length of storage of your Information shall, amongst other things, be determined by:
- the contract terms agreed between you and Iris Enterprise Solutions or as long as it is needed for the purpose for which it was obtained; or
- whether the transaction or relationship has statutory implication or a required retention period; or
- whether there is an express request for deletion of your Information by you, provided that such request will only be treated where the you are not under any investigation which may require Iris Enterprise Solutions to retain your Information or there is no subsisting contractual arrangement with the you that would require the processing of your Information; or
- whether Iris Enterprise Solutions has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.
Security of Your Information
We take reasonable steps to secure the personal information you provide to us. Among other measures, we only provide authorised personnel or affiliates of Iris Enterprise Solutions, the organisation behind the Vineyard product, who reasonably need to access user data with access to such data. However, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee the impenetrable security of your information.
Lawful Processing
Processing of personal information by Iris Enterprise Solutions shall be lawful if at least one of the following applies:
- the Data Subject has given consent to the processing of his or her Personal Data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the Iris Enterprise Solutions is subject;
- processing is necessary in order to protect the vital interests of the Data Subject or of another natural person, and
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official public mandate vested in Iris Enterprise Solutions;
Your Rights
Your rights regarding information we hold about you are:
- Right to be informed of the processing of data;
- Right to data rectification;
- Right to restrict or object to the processing of your data;
- Right to data portability;
- Right to withdraw consent;
- Right to obtain information about his/her data from us free of charge except as otherwise provided by regulation or public policy;
- Right to send a request to Iris Enterprise Solutions;
- Right to access your personal data;
- Right to be informed where your data is being processed for additional purposes;
- Right to be informed about the transfer of your data to another country; and
- Right to data deletion.
Age Restrictions
We do not knowingly solicit information from or market to children under the age of 13. If you're a parent or guardian and become aware of any data we have collected from your child under age 13, please contact us via vineyardhq@gmail.com. We would investigate and delete such child's data from our servers accordingly.
If you have any questions about this Privacy Policy, please contact us via vineyardhq@gmail.com.
Vineyard’s Terms of Use
Last updated: 13th May 2025
Welcome to Vineyard’s Terms of Use
Agreement to Terms
These Terms of Use (“Terms”, “Agreement” or “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Iris Enterprise Solutions (“we”, “us” or “our”), concerning your access to and use of our mobile application, website or any other medium via which our Vineyard services can be accessed (all aforementioned mediums hereinafter referred to as our “Product”).
You agree that, by accessing the Product, you have read, understood, and agree to be bound by all of these Terms. If you don’t agree with all of these terms, then you are expressly prohibited from using the Product and you must discontinue use immediately.
Supplemental Terms of Use or documents that may be provided or linked to in the Product from time to time are hereby expressly incorporated herein by reference. We reserve the absolute right to make changes to these Terms of Use at any time and for any reason. We will alert you about any changes by revising the “last updated” date of these Terms of Use and sending you an email or other reasonably applicable forms of notifications. Any amendments or modifications will be effective immediately upon updating the copy of these Terms of Use that can be accessed via the Product. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Product after the date and time these Terms are updated. Note that the headings of each section in these Terms are only for the purpose of properly organising the provisions of these Terms. These headings shall not be used to interpret the provisions contained thereunder. Further, the headings have no legal or contractual value.
The information provided on the Product is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any unintended liability whatsoever or registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Product from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Product is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside must and agree to have the permission of, and be directly supervised by, their parent or guardian to use the Product.
These Terms of Use and your use of the Product are governed by and construed in accordance with the laws of Lagos State, Nigeria.
Intellectual Property
Unless otherwise indicated, the Product is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Product and the trademarks, service marks, and logos contained therein (collectively hereinafter referred to as our “Intellectual Property”) are owned, controlled or licensed to us, and are protected by applicable copyright and trademark laws and various other intellectual property rights and unfair competition laws, conventions or treaties of or adopted by the Federal Republic of Nigeria.
Our Intellectual Property is provided with the Product for your information and personal use only. Thus, except as expressly provided in these Terms of Use, no part of the Intellectual Property of the Product may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express written permission.
Representations
By using the Product, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You will not access the Product through automated or non-human means such as a bot, script or other applicable mechanisms;
- You have the legal capacity and you agree to comply with these Terms of Use;
- You are not under the age of 13;
- You are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Product;
- You will not use the Product for any illegal or unauthorized purpose;
- Your use of the Product will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and refuse any or all current or future use of all or any or some parts of the Product.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a name or username or bio data you select or enter if we determine, in our sole discretion, that such name or username or bio data is inappropriate, obscene, or otherwise objectionable.
User-Generated Submissions
The Product may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Product, including but not limited to text, writings, video, audio, photographs, graphics, suggestions, or personal information or other creations (collectively, "Submissions"). Submissions may be viewable by other users of the Product or/and through third-party websites, apps and other similar mediums. As such, any Submissions you transmit may be treated as non-confidential and non-proprietary.
By posting your Submissions to any part of the Product or making Submissions accessible to the Product, you automatically grant, represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Submissions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Submissions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
We do not assert any ownership over your Submissions. You retain full ownership of all of your Submissions and any intellectual property rights or other proprietary rights associated with your Submissions. We are not liable for any statements or representations in your Submissions provided by you in any area on the Product. You are solely responsible for your Submissions to the Product and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.
We have the right, in our sole and absolute discretion:
- To edit, redact, or otherwise change any Submissions;
- To re-categorize any Submissions to place them in more appropriate locations on the Product; and
- To pre-screen or delete any Submissions at any time and for any reason, without notice. We have no obligation to monitor your Submissions.
When you create or make available any Submissions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Submissions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Submissions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, vulgar, or otherwise objectionable (as determined by us).
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Submissions in any manner contemplated by the Product and these Terms of Use.
- Your Submissions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Submissions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Submissions do not violate any applicable law, regulation, or rule.
- Your Submissions do not contain any material that solicits personal information of others, especially those that may be susceptible to exploitation, for example, minors in a sexual, violent or similarly applicable manner.
- Your Submissions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Submissions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical or mental infirmity or condition;
- Your Submissions do not violate the privacy or publicity rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Product to use your Submissions in any manner contemplated by the Product and these Terms of Use.
- Your Submissions are not false, inaccurate, or misleading.
- Your Submissions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Product in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Product.
Purchases, Payments, and Subscriptions
General Purchases:
If you wish to purchase any product or service made available through the Product (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (if applicable).
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order upon suspicion of a fraudulent, an unauthorized or otherwise illegal transaction.
Unless otherwise stated, all Purchases of products or services are final and non-refundable. We are currently unable to reverse platform fees, payment processing fees, and other fees applicable to our Product.
Subscriptions:
Creators on Vineyard may offer subscription-based access to content and services, such as paid group chats, channels, courses, and paid meetings.
Third-Party Hosting: You acknowledge that certain subscription-based services, such as group chats, channels, and courses, may be hosted on third-party platforms (e.g., Telegram), and paid meetings may be hosted on platforms like Zoom or Google Meet. Vineyard facilitates access to these but is not responsible for the operation, availability, content, or security of these third-party platforms. Your use of such third-party platforms is subject to their respective terms and policies.
Calendar Integrations: To facilitate scheduling and management of subscription services like paid meetings, Vineyard may offer integrations with your Google Calendar or Microsoft Calendar, with your explicit permission. Your use of such calendar services is subject to their respective terms and privacy policies. We are not responsible for the functionality or data handling practices of these third-party calendar services.
Non-Refundable: All subscription fees are non-refundable. Once a subscription period has commenced or payment has been made, you will not be eligible for a refund for any portion of the subscription fee, regardless of your usage, satisfaction, or if you cancel prior to the end of the subscription term. This applies to initial subscription payments and any renewal payments.
Billing and Renewals: Subscription terms, including billing cycles and renewal policies (if applicable), will be specified at the time of purchase. It is your responsibility to review and understand these terms before subscribing.
Creator Liability for Chargebacks:
If you are a Creator offering products or services for Purchase through Vineyard, you are liable for any chargebacks initiated by a paying user (Purchaser). In the event of a chargeback, the disputed amount will be deducted from your pending payouts or future earnings. Furthermore, any platform fees and payment processing fees associated with the original transaction will not be refunded to you, the Creator. You agree that Vineyard may recover chargeback amounts and associated unrefunded fees from your account balance or by invoicing you.
Contests, Sweepstakes, and Promotions
All contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Product may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.
User Code of Conduct
Users are expected to abide by the following Code of Conduct guiding our community on the Vineyard platform:
- Illegal Activity: We prohibit any form of use of the Vineyard platform for any illegal activity. You are not allowed to use our Product to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Nigeria, or your country). In the instance of any illegal activity, such activity will be investigated, and the applicable law and authorities involved may differ depending on the peculiarity of the case and at our sole discretion.
- Fraud: We have zero tolerance for any form of fraudulent activity or transaction including but not limited to Money Laundering.
- Bad Code: You shall not use the Vineyard Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
- Spamming: You shall not use the Vineyard Platform to engage in any activities that will result in sending spam to anyone on the Vineyard Platform, including Iris Enterprise Solutions (and its employees), Creators, Subscribers, and Purchasers.
- Respect: We encourage users to be civil and respectful at all times when interacting through or in connection with the Product.
- Exploitation: You shall not use the Vineyard Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering or accessing Content as intended by the Product.
- Impersonation: You shall not impersonate anybody including Iris Enterprise Solutions, any of its employees, other users of Vineyard, or members of the general public. Upon discovery of impersonation, we reserve the right to deactivate the infringing account immediately.
- Data Mining or Bots: You shall not use any data mining, robots, or similar data gathering or extraction methods on the Product.
- Use Other Than Intended: You shall not use the Product or any content contained on the Product for any purposes other than intended.
Upon violation of our Code of Conduct, we reserve the right to delete a user's account and Content from the Vineyard Platform, suspend access, or take other appropriate action. Whether conduct violates our Code of Conduct will be determined in Iris Enterprise Solutions’ sole discretion.
Prohibited Uses
You may not access or use the Product for any purpose other than that for which we make the Product available. The Product may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
You thus agree not to:
- Trick, defraud, or mislead us or other users of the Product, especially in any attempt to learn sensitive account information such as user passwords;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Product.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Copy or adapt the Product’s software, including but not limited to Flash, PHP, HTML, Java, Dart, Javascript, or other code.
- Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Product, or using or launching any unauthorized script or other software.
- Engage in unauthorized framing of or linking to the Product.
- Attempt to impersonate another user or person or use the username of another user.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Product.
- Use the Product in a manner inconsistent with any applicable laws or regulations.
- Use any information obtained from the Product in order to harass, abuse, or harm another person.
- Attempt to bypass any intentional and unintentionally designed measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Product to you.
- Engage in any automated use of the system, such as using scripts to send comments, messages or similar content, or using any data mining, robots, or similar data gathering and extraction tools.
- Sell or otherwise transfer your profile.
- Systematically retrieve data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from us;
- Use the Product as part of any effort to compete with us or otherwise use the Product and/or its contents for any revenue-generating endeavour or commercial enterprise.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Product or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Product.
- Interfere with, disrupt, or create an undue burden on the Product or the networks or services connected to the Product.
- Delete the copyright or other proprietary rights notice from any content.
- Upload, transmit, or attempt to upload or to transmit any material which acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
- Make any unauthorized use of the Product, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
- Use a buying agent or purchasing agent to make purchases on the Product;
- Use the Product to advertise or offer to sell goods and services not explicitly permitted by us for Creators;
- Circumvent, disable, or otherwise interfere with security-related features of the Product, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Product and/or the content contained therein.
Third-Party Products
The Product may contain (or you may be sent via the Product) links to other websites or applications ("Third-Party Products") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Products and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Products accessed through the Product or any Third-Party Content posted on, available through, or installed from the Product, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Products or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Products or any Third-Party Content does not imply approval, recommendation or endorsement thereof by us. If you decide to leave the Product and access the Third-Party Products or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any product to which you navigate to or install from the Product.
Any purchases you make through Third-Party Products will be through other websites or applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Products and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Products.
Advertising
We may allow advertisers to display their advertisements and other information in certain areas of the Product.
If you are an advertiser, you agree to take full responsibility for any advertisements you place on the Product and any services provided on the Product or items and services sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Product, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
Disclaimer and Limitation of Liability
You expressly agree that your use of the Product is solely at your risk. Neither us, our affiliates, employees, agents, third-party service providers or licensors warrant that the Product will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Product, or as to the accuracy, reliability or content of any information and service provided through the Product.
The Product is 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 any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
We disclaim liability for any errors or inaccuracies which may occur or be contained in any part of the Product despite our best effort to offer the current and correct information in the preparation of the features, contents and sections of the Product. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Product for any particular purpose.
We reserve the right to remove, review, edit or delete any content or account at any time for reasons determined at our sole discretion. Also, certain contents in the Product may contain opinions and views. We shall not be responsible for such opinions or any claims resulting from them. Further, We make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
We may contact you through email, SMS or any means to give information about our products and/or to send notifications on important updates and/or for any other applicable reason. You agree to receive these periodic messages.
Some of the disclaimers and limitations of liabilities may not apply to you, as your jurisdiction may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. In such a case, we would only be liable to the minimum extent permitted under the laws of such jurisdiction.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Submissions;
- Your use of the Product;
- Any breach of this Terms of Use;
- Any breach of your representations and warranties set forth in these Terms of Use;
- Your violation of any rights of a third party;
- Any overt harmful act toward any other user of the Product with whom you connected via the Product;
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Force Majeure
We shall not be responsible for any failure or delay in performance due to circumstances beyond our control, including, without limitation, to acts of God, war, riot, disease outbreak, acts of civil or military authorities, fire, floods, accidents, pandemics and epidemics, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers.
In the event that any of the above incidents occur, the performance of these Terms as it relates to our obligations shall be suspended for as long as any such incident prevents us from performing our obligations under these Terms.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Product constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. These Terms supersedes and extinguishes all previous agreements, written, oral or in any form, between you and us relating to its subject matter. We may assign any or all of our rights and obligations to others at any time without your consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act occasioned by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Product. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party.
You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
The companies, organizations, products, domain names, email addresses, logos, people and events depicted in the Product are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted in these Terms of Use are reserved.
Contact Us
In order to resolve a complaint regarding the Product or to receive further information regarding the use of the Product, please contact us via vineyardhq@gmail.com.