Welcome to the Image Bank of the Kendall-Jackson web site (the "Web
Site"). Please review the following basic terms (the "Terms")
that govern your use of the images and other materials available from the Image
Bank on this Web Site. Please note that your use of the images and other
materials available from the Image Bank on our Web Site constitutes your
agreement to comply with and be bound by the Terms. These Terms may be updated
and changed by us from time to time without notice to you.
Use of Material
Kendall-Jackson, Ltd. authorizes you to view and download the contents of the
Image Bank on this Web Site, such as images, graphics, and text material
("Material"), solely for the promotion of Kendall-Jackson and
Kendall-Jackson products. Kendall-Jackson hereby grants to you a nonexclusive,
nontransferable, limited license to reproduce, digitize, edit (only for the
purpose of facilitating presentation and use of the images) and distribute the
Material without destroying the visual integrity or otherwise compromising the
images which comprise the Material, and solely for such promotional purposes.
The rights granted herein shall not confer on you any rights of ownership in or
to the Material, including, without limitation, the copyright and other
intellectual property rights thereto, which shall be and remain the exclusive
property of Kendall-Jackson. Kendall-Jackson reserves the right to terminate
all licensed rights granted herein at its exclusive discretion on written
notice at any time and you agree to immediately cease use of any Material
immediately upon receipt of such notice.
The Material is protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark and
other laws. You must retain all copyright and other proprietary notices
contained in the original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display, publicly perform,
distribute or otherwise use the Material in any way for any commercial or
personal purpose, other than the promotion of Kendall-Jackson and
Kendall-Jackson products. By way of example only, you may not use images or
other Material from the Web Site to promote other wineries, or in articles
about the wine industry generally that do not reference Kendall-Jackson.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material, and Kendall-Jackson may pursue any remedy available at
law or in equity against you.
any and all guidelines, instructions or other conditions established by
Kendall-Jackson with regard to use of the images and other Materials available
from this Web Site. All such guidelines and instruction that are contained on
web site pages on this Web Site regarding such matters shall be deemed to be
critical importance that you follow all such guidelines and instructions
carefully. Failure to do so may result in liability.
The Material may contain inaccuracies or typographical errors. Kendall-Jackson
makes no representations about the accuracy, reliability, completeness or
timeliness of the Material or about the results to be obtained from using the
Web Site and the Material. The use of the Web Site and the Material is at your
own risk. Changes are periodically made to the Web Site and may be made at any
time without notice to you.
Kendall-Jackson DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Carmel Road SHALL NOT BE
RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. Kendall-Jackson, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Kendall-Jackson
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE
Kendall-Jackson WEB SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY AND ALL DAMAGE RESULTING FROM ANY TRANSACTION WHEREBY
MATERIAL IS DOWNLOADED INTO YOUR COMPUTER OR SERVER THAT MAY ADVERSELY AFFECT
ITS PERFORMANCE SUCH AS CRASHING YOUR COMPUTER OR NETWORK.
Disclaimer of Consequential Damages.
YOU AGREE THAT NEITHER Kendall-Jackson NOR ANY OF ITS PROVIDERS OF INFORMATION
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MATERIAL
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE MATERIAL, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF Kendall-Jackson HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT Kendall-Jackson SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. YOU AGREE THAT
Kendall-Jackson SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR ANYONE, FOR THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A
LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE
FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND
You agree to defend, indemnify and hold harmless Kendall-Jackson, its officers,
directors, employees and agents, from and against any losses, costs, damages
and expenses, including without limitation attorneys' fees and expenses, that
may be incurred by Kendall-Jackson and any of such persons arising out of or
relating to any claims, actions or demands, or resulting from your unauthorized
use of the Material (including Software) or from any breach by you of the terms
of this Agreement. Kendall-Jackson shall provide notice to you promptly of any
such claim, suit or proceeding and shall have the right to control the defense
of such action, at your expense, in defending any such claim, suit or
This Web Site is based in California in the United States. Kendall-Jackson
makes no claim that the Material is appropriate or may be downloaded outside of
the United States. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of California without regards to its conflict of
laws principles. If any provision of this Agreement is found to be invalid in
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided on particular Web pages with regard to use of the
Material, this Agreement constitutes the entire Agreement between you and
Kendall-Jackson with respect to the use of the Web Site.