Terms of Service

Welcome to FreshVault (the "Service"). These Terms of Service ("Terms") govern your access to and use of the Service, which is provided by FreshVault ("we," "us," or "our"), operating under the domain lumoset.top. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, then you may not access the Service.

1. Acceptance of Terms & Conditions

By creating an account, browsing, reading, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must stop using the Service.

If you are accessing or using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" in these Terms will refer to both you and that organization.

2. Use of Our Service

a. You must be at least 13 years old to use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

b. We grant you a limited, non-exclusive, revocable license to access and use the Service for its intended purposes, subject to these Terms.

c. You are responsible for any activity that occurs through your account (if applicable) and for keeping your password secure. You agree to notify us immediately of any unauthorized use of your account.

d. You agree not to use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Service.

e. You must not interfere with or disrupt the Service or servers or networks connected to the Service.

3. User Rules & Responsibilities

As a user of the Service, you are solely responsible for your conduct and any content you submit, post, or transmit through the Service. You agree to the following rules of conduct:

• You shall not use the Service to harass, abuse, threaten, or defame any person or entity.
• You shall not upload, post, or distribute any content that is unlawful, harmful, infringing, defamatory, or otherwise objectionable.
• You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You shall not attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.
• You shall not use any automated means (including robots, spiders, scrapers, or scripts) to access, collect, or copy content from the Service without our express written permission.
• You shall not introduce any viruses, trojan horses, worms, or any other malicious code into the Service.
• You shall not use the Service to send unsolicited commercial communications or spam.
• You shall not collect or store personal data of other users without their consent.
• You shall not circumvent, disable, or otherwise interfere with any security or access-control features of the Service.

You acknowledge that FreshVault is an informational platform and does not sell wine. All prices and data presented are indicative only. You are responsible for verifying any information before making decisions based on it.

4. Intellectual Property

The Service and its original content, features, and functionality — including but not limited to text, graphics, logos, designs, data compilations, articles, tasting notes, vintage reports, software, and the overall look and feel of the Service — are and will remain the exclusive property of FreshVault and its licensors. These are protected by copyright, trademark, database right, and other intellectual property laws of the applicable jurisdiction.

Our trademarks and trade dress (including the name "FreshVault" and the FreshVault logo) may not be used in connection with any product or service without our prior written consent.

You may not reproduce, republish, distribute, modify, transmit, create derivative works of, or otherwise exploit any content from the Service, in whole or in part, without our express written permission. Limited excerpts may be quoted for non-commercial, educational, or review purposes, provided that FreshVault is properly attributed as the source.

5. User Content

If you post, link, or otherwise make available any content on or through the Service ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.

You retain any and all of your rights to any User Content you submit. You are responsible for your User Content, including its legality, reliability, and appropriateness. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not infringe the rights of any third party.

We reserve the right to remove or restrict any User Content that we believe violates these Terms or is otherwise harmful to the Service or its users.

6. Third-Party Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of or reliance on any such third-party site or service.

We strongly recommend that you review the terms and privacy policies of any third-party sites or services you visit.

7. Account Deactivation & Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

If you wish to deactivate or delete your account, you may do so by contacting us at [email protected]. Upon deactivation or deletion:

• Your access to the Service will be revoked, and your account will be disabled.
• Your User Content may be removed from the Service, though we may retain copies as required by applicable law or for legitimate business purposes.
• Certain provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to the sections on Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.
• You remain responsible for any fees or charges incurred prior to deactivation.

If applicable, you may also request account deletion in accordance with applicable data protection laws (e.g., GDPR, CCPA). Such requests will be processed within a reasonable time frame after identity verification.

8. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any information, wine ratings, vintage reports, pricing data, or other content available through the Service.

Any information provided on the Service is for informational and educational purposes only and does not constitute professional, financial, or investment advice. You should consult a qualified professional before making any decisions based on information obtained from the Service.

9. Limitation of Liability

IN NO EVENT SHALL FRESHVAULT, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

In no event shall our total liability to you for all claims arising out of or relating to the Service or these Terms exceed the greater of (a) the amounts you have paid to us for the Service in the twelve (12) months preceding the claim, or (b) USD $100.00. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, your violation of these Terms, or your violation of any rights of a third party, including without limitation any copyright, property, or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 30 days' notice prior to any new terms taking effect by posting the revised Terms on this page and updating the "Last Updated" date above.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service before they take effect.

We encourage you to review this page periodically for updates. Material changes will be communicated through the Service or, where appropriate, via the email associated with your account.

12. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service ("Dispute"), the parties shall first attempt to resolve the matter informally. The complaining party must send a written notice of the Dispute to [email protected] describing the nature of the Dispute and the relief sought. The parties shall attempt to resolve the Dispute through good-faith negotiations within sixty (60) days of the notice.

If the Dispute cannot be resolved through informal negotiation, the parties agree to submit the Dispute to binding arbitration rather than proceeding in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property violations or where injunctive relief is necessary. The arbitration shall be conducted by a single arbitrator, in the English language, and in accordance with the applicable arbitration rules of the jurisdiction specified below.

The arbitrator's decision shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorney's fees, except as otherwise awarded by the arbitrator.

You agree that you will bring any claim or cause of action arising out of or related to the Service or these Terms within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be permanently barred.

13. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

You and FreshVault agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, United States of America, for the resolution of any disputes not subject to arbitration as described in Section 12 above.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between us and you regarding your use of the Service and supersede and replace any prior or contemporaneous agreements or understandings, whether written or oral, between us and you regarding the Service.

If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be struck and the remaining provisions shall remain in full force and effect. The failure of FreshVault to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15. Contact Us

If you have any questions about these Terms, please contact us at:

FreshVault
Email: [email protected]
Website: lumoset.top