Welcome to CaptureNapa! These Terms and Conditions (“Terms”) govern your use of the CaptureNapa content website (“Website”) including any related applications, tools, and services offered by CaptureNapa (“Services”). By accessing or using the Website or Services, you are agreeing to be bound by these Terms. Please read these Terms carefully before using CaptureNapa.
1. Acceptance of Terms
By accessing or using the Website or Services, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or Services.
It is your responsibility to review these Terms periodically for any updates or changes. CaptureNapa may modify, amend, or update these Terms at any time at its discretion without prior notice. Your continued use of the Website or Services after such modifications constitutes acceptance of the updated Terms.
CaptureNapa is available to those individuals who are legally eligible to enter into contracts and have the right to store, process, and transmit data that they use on CaptureNapa. By accessing or using the Website or Services, you represent and warrant that you are eligible for such access and that you agree to abide by these Terms.
3. Intellectual Property Rights
CaptureNapa and its licensors are the sole owners of all intellectual property rights in the Website and Services, including but not limited to copyrights, trademarks, logos, and other proprietary rights. Furthermore, you agree not to copy, modify, distribute, transmit, mirror, or create derivative works of any part of the Website or Services without prior written authorization from CaptureNapa.
4. User Content
You are solely responsible for any information or content that you contribute to CaptureNapa (“User Content”). By providing User Content, you grant CaptureNapa a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, store, display, copy, adapt, modify, create derivative works of, and distribute your User Content.
You agree that you will not contribute any User Content that is illegal, defamatory, offensive, obscene, threatening, or violates any third-party rights. CaptureNapa has the right, but not the obligation, to monitor, remove, or edit any User Content, and you agree to indemnify and hold CaptureNapa harmless for any User Content provided by you.
6. Links to Third-Party Websites
CaptureNapa may contain links to third-party websites or services that are not owned or controlled by CaptureNapa. These links are provided for your convenience only. CaptureNapa has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CaptureNapa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party websites or services.
7. Warranty Disclaimer
THE WEBSITE AND SERVICES ARE PROVIDED BY CAPTURENAPA ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAPTURENAPA MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS, IF ANY, WILL BE CORRECTED.
8. Limitation of Liability
IN NO EVENT SHALL CAPTURENAPA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES.
You agree to indemnify and hold CaptureNapa and its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Website or Services, or violation of these Terms.
CaptureNapa may terminate or suspend your access to the Website or Services, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to intellectual property provisions, warranty Disclaimers, limitations of liability, and indemnity.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Terms and Conditions, United States, without regard to its conflict of law provisions. You agree to submit any dispute arising out of or in connection with these Terms to the exclusive jurisdiction of the courts located in Terms and Conditions, Terms and Conditions, United States.
12. Entire Agreement
These Terms constitute the entire agreement between CaptureNapa and you regarding your use of the Website and Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.