Terms of Use

Terms of Use FOR DARK HORSE UK Website

About these Terms of Use

The following terms and conditions ("Terms") apply to your use of the Dark Horse website (the "Website"). These Terms should be read alongside, and are in addition to, our privacy policy ("Privacy Policy"). Please read these Terms carefully. By using the Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). If you do not agree to these Terms, you must stop using the Website immediately. 

About us

We are the Dark Horse brand, owned by E. & J. Gallo Winery Europe Ltd., 4^th Floor, Harman House, 1 George Street, Uxbridge, Middlesex UB8 1QQ ("Dark Horse", "we", "our" or "us"). If you have any questions or concerns with this Agreement or the Website you may contact us by e-mail at consumerrelations@darkhorsewine.com.

Your use of the Website

You represent and warrant that you are at least the age of 18 and you have the legal right and capacity to enter into and to comply with these Terms. If you are under the age of 18 you must not use or access the Website.

Ownership of Website materials

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website ("Materials") are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties.

Any unauthorized use of the Materials is prohibited.

NOTICE TO THIRD PARTY WEBSITES: Any of our Materials made available in connection with your website, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.

Your licence to use materials on our Website

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Website's software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate its web pages or any software or other products or processes accessible through the Website; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

Intellectual property

The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiaries or the providers of such information and is protected by English and international; copyright laws and treaties. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

The trademarks, service marks, logos and other proprietary names and identifiers which are owned by us and displayed on the Website may not be used in connection with any product or service that does not belong to us. Furthermore nothing contained within the Website should be construed as granting a licence or the right to use any of the trademarks without our express, written permission. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.

You may not use the Website for any purpose or in any manner that infringes our rights or any third party rights. We encourage you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please contact us using the details set forth below.

E&J Gallo Winery

4^th Floor, Harman House, 1 George Street, Uxbridge, Middlesex UB8 1QQ

Phone number: 01895 813444

consumerrelations@darkhorsewine.com

Contests and promotions

Any contests or other promotions (any, a "Promotion") that may be offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

Linking policy

We grant you the revocable permission to link to the Website; provided, however, that your website, or any third party websites that link to the Website: (a) must not frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (b) must not imply that Dark Horse or the Website is endorsing or sponsoring it or its products, unless we have given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm Dark Horse or its products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Website, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Website for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

Limitation of liability

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Nothing in these Terms shall limit our liability for personal injury or death.

Governing law; disputes

These Terms shall be governed by and construed in accordance with English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English court.

Miscellaneous

Our failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of E&J Gallo Winery Europe Ltd. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.

We may assign our rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without our prior written consent.

If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We are committed to protecting your privacy. Please see our Privacy Policy for full details.

Modification

We reserve the right to modify or add to these Terms at any time to comply with law or to meet our changing business requirements without notice to you.

Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

These terms were last updated January, 2017.