Acceptable Use Policy
ACCEPTABLE USE POLICY
December 23, 2022
This Acceptable Use Policy (
"Policy" ) is part of our Terms and Conditions ( "Legal Terms" ) and should therefore be read alongside our main Legal Terms: https://www.hillcountrychocolate.com/pages/terms-and-conditions. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.
Please carefully review this Policy which applies to any and all:
(a) uses of our Services (as defined in
"Legal Terms" )
(b) forms, materials, consent tools, comments, post, and all other content available on the Services (
"Content" ) and
(c) material which you contribute to the Services including any upload, post, review, disclosure, ratings, comments, chat etc.
in any forum, chatrooms, reviews, and to any interactive services associated with it ( "Contribution" ).
WHO WE ARE
Hill Country Chocolate, LLC , doing business as DKM Cellars ( "Company," "we," "us," or "our" ) a company registered in Texas, United States at 144 Industrial Loop , Fredericksburg , TX 78624 . We operate the website https://www.hillcountrychocolate.com (the "Site" ) , as well as any other related products and services that refer or link to this Policy (collectively, the "Services" ).
USE OF THE SERVICES
When you use the Services you warrant that you will comply with this Policy and with all applicable laws.
You also acknowledge that you may not:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any
unauthorized use of the Services, 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 pretenses .
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Engage in
unauthorized framing of or linking to the Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Delete the copyright or other proprietary rights notice from any Content.
- 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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that 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 (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ).
- Except as may be the result of 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 Services, or using or launching any
unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
Sell or otherwise transfer your profile.
- Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of
Hill Country Chocolate, LLC, which consent Hill Country Chocolate, LLCmay grant or refuse in its sole and absolute discretion.
In this Policy, the term
- any data, information, software, text, code, music, scripts, sound, graphics, photos, videos, tags, messages, interactive features, or other materials that you post, share, upload, submit, or otherwise provide in any manner on or through to the Services; or
- any other content, materials, or data you provide to
Hill Country Chocolate, LLCor use with the Services.
Some areas of the Services may allow users to upload, transmit, or post Contributions. We may but are under no obligation to review or moderate the Contributions made on the Services, and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy. Please report any Contribution that you believe breaches this Policy; however, we will determine, in our sole discretion, whether a Contribution is indeed in breach of this Policy.
You warrant that:
- you are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and this Policy;
- all your Contributions comply with applicable laws and are original and true (if they represent your opinion or facts);
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions 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; and
- you have the verifiable consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and this Policy.
You also agree that you will not post, transmit, or upload any (or any part of a) Contribution that:
- is in breach of applicable laws, regulation, court order, contractual obligation, this Policy, our Legal Terms, a legal duty, or that promotes or facilitates fraud or illegal activities;
- is defamatory, obscene, offensive, hateful, insulting, intimidating, bullying, abusive, or threatening, to any person or group;
- is false, inaccurate, or misleading;
- includes child sexual abuse material, or violates any applicable law concerning child pornography or otherwise intended to protect minors;
- contains any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- promotes violence, advocates the violent overthrow of any government, or incites, encourages, or threatens physical harm against another;
- is obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, contains sexually explicit material, or is otherwise objectionable (as determined by us);
- is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
- bullies, intimidates, humiliates, or insults any person;
- promotes, facilitates, or assists anyone in promoting and facilitating acts of terrorism;
- infringes, or assists anyone in infringing, a third party's intellectual property rights or publicity or privacy rights;
- is deceitful, misrepresents your identity or affiliation with any person and/or misleads anyone as to your relationship with us or implies that the Contribution was made by someone else than you;
- contains unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation that has been "paid for," whether with monetary compensation or in kind; or
- misrepresents your identity or who the Contribution is from.
REVIEW AND RATINGS
When your Contribution is a review or rating, you also agree that:
- you have firsthand experience with the
goods and services being reviewed;
- your Contribution is true to your experience;
- you are not affiliated with competitors if posting negative reviews (or linked in any way to, e.g., by being the owner or seller/manufacturer of, a product or service if posting positive reviews);
- you cannot make or offer any conclusions as to the legality of conduct;
- you cannot post any false or misleading statements; and
- you do not and will not
organize a campaign encouraging others to post reviews, whether positive or negative.
REPORTING A BREACH OF THIS POLICY
We may but are under no obligation to review or moderate the Contributions made on the Services and we expressly exclude our liability for any loss or damage resulting from any of our users' breach of this Policy.
If you consider that any Content or Contribution:
- breach this Policy, please
email us at email@example.com, or refer to the contact details at the bottom of this document to let us know which Content or Contribution is in breach of this Policy and why; or
- infringe any third-party intellectual property rights, please
check out our Legal Terms for information about our copyright infringement reporting process here: https://www.hillcountrychocolate.com/pages/terms-and-conditions .
We will reasonably determine whether a Content or Contribution breaches this Policy.
CONSEQUENCES OF BREACHING THIS POLICY
The consequences for violating our Policy will vary depending on the severity of the breach and the user's history on the Services, by way of example:
We may, in some cases, give you a warning
and/or remove the infringing Contribution , however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.
We exclude our liability for all action we may take in response to any of your breaches of this Policy.
COMPLAINTS AND REMOVAL OF LEGITIMATE CONTENT
If you consider that some Content or Contribution have been mistakenly removed or blocked from the Services, please refer to the contact details at the bottom of this document and we will promptly review our decision to remove such Content or Contribution. The Content or Contribution may stay
"down" whilst we conduct the review process.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have any further questions or comments
or wish to report any problematic Content or Contribution , you may contact us by: