Acceptable Use Policy

Introduction

This Acceptable Use Policy (“AUP”) encourages the responsible use of the BRAND (“BRAND,” “us,” or “we”) website and any features and functionality made available through the BRAND website (“Site”). This AUP is incorporated by reference into the Terms of Use for our Site. Capitalized terms not defined in this AUP will have the meanings set forth in the Terms of Use. The purpose of this AUP is to delineate the type of actions and Content that are contrary to our mission and philosophies as well as to ensure that your use of our Site is in compliance with applicable laws, rules and regulations.

Prohibited Use and Content

In general, while using the Site you may not take any action (including the posting of any Content) that at the sole discretion of BRAND is contrary to our advertising, marketing or other philosophies and practices, or otherwise contradicts applicable laws, rules, and regulations.

The following list includes examples of Content and actions we prohibit on our Site. Please review this list carefully. You are required to strictly adhere to these prohibitions and your failure to do so could result in, among other things, suspension of your Membership rights for the Site and/or legal and financial liability. Therefore, actions you take, including posting of Content, on this Site shall not:

Offend Generally Accepted Standards of Public Decency and Respect of Others. For example, the Content must not:

Contain derogatory references to or otherwise degrade any group or individual based on race, colour, ethnicity, national origin, gender, sexual preference, sexual orientation, religion, age or disability;
Promote bigotry, hatred or physical harm of any kind against any group, individual or entity;
Harass or intimidate or advocate harassment or intimidation of another group, individual or entity, including using any information obtained through the Site to harm or abuse another group, individual or entity;
Contain nudity, sexually explicit or sexually suggestive content, violence or abuse, or other lewd, obscene offensive subject matter;
Contain a link to an adult website or any website with an audience demographic of less than 70% above the legal drinking age;
Use profanity or vulgar language;
Further, promote, depict, feature or provide instructional information about criminal or illegal activities, drug use, drug dealing, gambling, theft, fraud, or conduct that is discriminatory, violent, abusive, threatening, obscene or otherwise not in good taste.

Use Unacceptable Depictions or Portrayals of Alcohol. For example, the Content must not:

Feature, communicate with or solicit anyone under the applicable legal drinking age;
Promote, poke fun at, or display excessive or binge drinking;
Feature consumption of alcohol by underage people or pregnant women;
Exhibit a person operating any motorized vehicle during or after consuming alcohol, or participating in any activity requiring a high degree of alertness or physical coordination;
Contain items with significant underage appeal;
Showcase opinions on potential benefits of alcohol.

Infringe Intellectual Property, Publicity, Privacy and Other Rights of Others. For example, the Content must not:

Constitute or promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files;
Involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
Publicly post information that poses a privacy or security risk to any person;
Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Contain any programs or materials with malicious code, such as computer viruses, timebombs, trojan horses, spyware or any other similar programs or materials that may damage the operation of another’s computer;
Solicit or collect passwords or personal identifying information for commercial or unlawful purposes from others;
Incorporate, refer to or otherwise use the name, voice, image, likeness, personal identification, personality or performances of any person, whether in a photograph, in any audio, video, or other recording or otherwise without the prior express written consent of such person;
Violate or infringe upon any copyright, trademark, service mark or other intellectual property or proprietary right of any person or entity;
Be defamatory or libelous or violate or infringe upon the rights of publicity or privacy, contract rights or any other rights of any person or entity;
Reflect negatively on, make derogatory references to or otherwise adversely affect BRAND, E. & J. Gallo Winery, their respective products, services, names, reputations or goodwill or the name, reputation or goodwill of any competitor’s company, products or services, or any individual, company, or brand;
Include any promotion or endorsement, whether intentional or implied, of any, product, software, service or application;
Incorporate trademarked material (company names, sports teams, TV shows, movies, celebrities, songs, works of art, recipes, etc.) without prior express authorized written consent from the trademark owner;
Include or invokes celebrity names or photographs without their prior express written consent;
Result in or encourage (a) use of the account, username, password (where applicable) or other personal identification of another user at any time, (b) disclosure of your username or password (where applicable) to any third party, or (c) any third party to access your account (where applicable) to use any portions, features or functions of the Site or for any other purposes;
Impersonate or attempt to impersonate another user, person or entity;
Have the effect of selling or otherwise transferring your profile;
Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this Site or otherwise permit the unauthorized use of or access to a computer or a computer network.
Discourage, prevent, impair or restrict any person or entity from using or enjoying all or any portions, features or functions of the Site.

Infringe on Other Rights. For example, Content shall not:

Result in displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
Constitute or promote information that you know or reasonably should know is false, deceptive, deceitful, misleading or misinformative;
Involve commercial activities and/or sales such as contests, sweepstakes, barter, advertising;
Contain information regarding BRAND or E.& J. Gallo Winery events unapproved by BRAND and/or E. & J. Gallo Winery and their Compliance Department, including disclosure of retail locations of events;
Incorporate political affiliations, the armed forces, or any country’s flag, crest, seal, coat of arms, or other insignia; or
Violate or otherwise be inconsistent with any and all applicable laws, regulations or treaties (including without limitation, laws that govern the export of products or information from the United States) or the Terms.

Modifications to this Acceptable Use Policy

We may amend or terminate this AUP at any time and such amendment or termination will be effective at the time we post the revised AUP on the Site. We will notify you of material changes to this AUP. Notices of material changes may be instituted by posting the revised AUP on the Site, emailed to you, displayed upon login and/or given by any other reasonable means that we decide. Each time you use the Site you should visit and review the then current AUP for this Site. Your continued use of the Site after we have posted revised AUP signifies your acceptance of such revised terms.

The effective date of this Acceptable Use Policy is October 2022.