Welcome to the Altaneve website (the “Site”). This Site is intended to provide you with information about our wine, campaigns and sponsored events. 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 “Altaneve ” herein refer to Altaneve or its holding company, Vico Neve LLC and our affiliates, subsidiaries, service providers and designees as deemed appropriate by us.
Compliance with Terms
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 to these Terms during the registration process.
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. 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 Altaneve with respect to your use of the Site.
You are not permitted to view this Site unless you are 21 years of age or older. If you are younger than 21, please do not visit this Site. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 21 years of age.
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 or regulation.
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 at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Member will terminate.
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 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. You must notify us immediately 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.
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 rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, 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.
We may, but are not obligated to, allow you to upload 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, 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 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.
Altaneve does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
By displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Altaneve a irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site and in connection with advertising and promoting the Site (including, for example, through screen shots) and/or our products in any media formats and through any media channels now existing or developed in the future. 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: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. In furtherance of the foregoing, you agree that you will not post Content that violates or is not in compliance with our Acceptable Use Policy. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site may contain Content provided by Altaneve, including, without limitation, text, images and logos (“Altaneve Content”). Altaneve Content is protected by copyright, trademark, patent, trade secret and other laws, and Altaneve owns and retains all rights in the Altaneve Content and the features and functionality of the Site. Altaneve hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Altaneve 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 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.
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
Altaneve 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.
Altaneve is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Altaneve Content, User Content or other Content posted on or through the Site, 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 Altaneve. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. Altaneve 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 or completeness by Altaneve. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Altaneve. When you access these third party sites, you do so at your own risk. Altaneve 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. Altaneve 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. Altaneve 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. Altaneve 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 Altaneve be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Altaneve event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, Altaneve shall have no liability for any viruses or anything 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.
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.
The Altaneve Site is provided “AS-IS” and as available and Altaneve expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Altaneve cannot guarantee and does not promise any specific results from use of the Site.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, 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 TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Our Service Providers
We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms “we” and “us” for purposes of the Terms.
You agree to indemnify and hold Altaneve, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.
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 Altaneve regarding the use of Site and its services and features. The failure of Altaneve 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
Updated on 6/23/2016
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 Altaneve 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.
We collect personal data about our customers in a number of ways. In this section, we describe what types of personal data we collect, the ways we collect it and how we use it. While we have tried to be complete, this list is not necessarily exhaustive, given that these activities can vary from time to time. When we collect information, we will tell you at the point of collection what information is required and what information is optional. The types of personal data typically collected by us may include the following, depending on your activities:
- Contact information, including name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), company name and other similar information.
- Personal/demographic information, including birthday/age/age group, gender, birth date, salary range, occupation, level of education, contest- or promotion-specific information (e.g., for wedding promotions, we ask for your wedding date, location, etc.) and the like.
- Authentication information, including user IDs, log-in names, passwords, password reminders, etc. (in addition to other personal data such as contact information, birth date and the like).
- Transactional and financial information, including products or services you purchase, inquire about or request, payment information, debit/credit card information and so on.
- Preferences, views and comments, including beverage preferences and consumption frequency, subscriptions/communications preferences, feedback in response to surveys, etc.
Participation information, including event attendance, sweepstakes/contest entries (including all information submitted on an entry), information provided when requesting or receiving discounts/coupons/rebates, registrations, information relating to use of online communities and all other user submissions and content you provide.
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.
Our website may also use IP addresses for the same purposes identified above, as well as to analyze trends, administer the site, track users’ movements and gather broad demographic information for aggregate use.
We may use web beacons (also known as Internet tags or clear GIFs) on our websites to access and set cookies and otherwise help us to better understand how users are moving through our websites. Information provided by the web beacon includes the computer’s IP address, the type of browser being used and the time that the web beacon was viewed. We may also use web beacons in emails and newsletters so that we know when such communications have been opened and to otherwise help us tailor our communications to individual users.
We use personal data about customers in contexts that include the following:
- Conducting and following up on transactions. We may use personal information such as name, title, street address, phone number, email address, title, company name, payment information and debit/credit card information to conduct transactions with you, process your order, contact you about your order and so on.
- Registration, such as for events, memberships, accounts (i.e., log-ins and passwords, etc.). Customers may be given an opportunity to register for a variety of reasons, including to become/be a member of a wine club; to receive promotional communications/offers; to attend an event (e.g., a winery tasting panel); to join/participate in an online community, blog, chatroom or other interactive areas or to otherwise provide user-generated content (such as posting favorite photos/videos/audio recordings, providing testimonials, sharing experiences about Altaneve products, etc.); and so on. Such activities may entail collection of name, title, contact information, birth date, user name and password, beverage preferences, experiences with such products and personal information/preferences related to the subject matter of the particular activity. In some cases, you will select a user ID and password when you register and you will use this to gain access to certain registration-restricted areas. Note that using our website as a registered user enables information that is passively collected as you navigate the site to be associated with personal data actively collected from you on the site.
- Contacting others on your behalf. We may offer opportunities to reach out to friends through “tell-a-friend” features (e.g., about our website) or “invite-a-friend” features (e.g., to a party you are hosting). We may ask you for your name and contact information (plus registration information, where applicable) as well as your friend’s name, email address, other applicable contact information and birth date (the latter for age verification, given restrictions associated with alcoholic beverages). We use the personal data that you provide about others to fulfill your one-time request and do not use it to contact the friend again unless you or your friend request that we do so.
- To follow up with you after you have completed a form, business reply card or survey, whether online or offline. When you visit our tasting room or attend an event where Altaneve is present, you might fill in an optional form, telling us your name, title, email address, beverage consumption preferences, whether you attended past events, your postal code, comments, whether you would like us to contact you in the future and/or other information. Likewise, you might choose to participate in an online or offline survey (anonymously or with name/contact information) where you provide demographic information, your beverage consumption information and survey-specific preference data. We use the personal data you provide to improve our products, services and website content and otherwise to more effectively communicate with you.
- To allow you to contact us with questions, comments or concerns and to address your communications. We provide a number of ways for you to contact us to ask questions, provide comments or share concerns. This may occur, for example, via our Consumer Information Center (by calling a designated phone number), “contact us” sections on our website or postal mail. Depending on the circumstances, we may collect your name, title, contact information, age group, product UPC number, message type, case number (if tied to a previous issue), comments and other types of data relevant to the specific situation (e.g., product involved, use of the product, any problems with the product and the like).
- To provide materials you request. We provide a number of ways for you to request materials from us, such as newsletters, coupons, rebates, brochures, product literature and the like. We may collect and use contact name, title, contact information, age-indicative information, demographic information, preferences, transaction information (related to rebates) and other information relevant to responding to your request.
- To permit your participation in contests, sweepstakes and other promotions. To participate in sweepstakes, contests and other similar promotions, we often collect name, title, contact information, age-indicative information and gender, as well as other information related to the particular activity. We will indicate which information is required (e.g., to contact winners, to verify eligibility to participate, etc.) and which is optional (e.g., demographic information, preferences, etc., designed to help us better understand you and address your interests).
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.
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
Altaneve wants to keep in touch with you in ways that you find to be beneficial. If you don’t want Altaneve 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 Altaneve 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 Altaneve 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.
Your California Privacy Rights
If you are a California resident and would like to request that we do not disclose your personal data to third parties for direct marketing by such third parties, you can exercise your right to prevent such disclosures at no cost to you by clicking emailing us at Info@Altaneve.com.
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.
Altaneve and the Altaneve logo are registered trademarks of Vico Neve LLC.
Attention: Consumer Relations Vico Neve LLC 134 Fourth Avenue, Suite 2 Bay Shore, NY 11706
Notice and Procedure for Making U.S. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a notice with the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it’s agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
To reach the Altaneve Copyright Agent please contact:
Attn. Legal Department
Vico Neve LLC
134 Fourth Avenue, Suite 2
Bay Shore, NY 11706
We may give notice to our users by means of a general notice on our Site, electronic mail to a user’s e- mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Altaneve may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.