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Terms of Use

Welcome! These terms and conditions, together with our Privacy Policy, govern your use of iWineDb.com and other online sites and services operated or provided by U.S. Wine Exchange, LLC, a Georgia limited liability company d/b/a iWineDb, and its affiliates and licensees (together, the �Company� or �iWineDb�) . If you do not agree to these terms and conditions, you are not authorized to use the site. By using our services, you agree to be bound by the following terms and conditions (the "Terms").

 

General

The Company provides easy-to-use, comprehensive online destination web sites offering information, community-oriented services and products tailored to the specific needs of our wine enthusiasts (the "Services"). Your use of the Services is governed by the Terms. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. No information should be submitted to iWineDb by anyone under 21 years of age. We do not monitor the age of our users.

 

Modification Of Terms

iWineDb reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Services. We suggest that you check these terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Company as discussed above.

 

Registration Obligations

To use certain areas of this site, you must first submit a complete Registration Form available at http://www.iWineDb.com. When submitting a Registration Form, you agree to:

 

(a)                 provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and

(b)                maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you.

 

Member Account, Password And Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

Privacy Policy

Registration Data and certain other information about you are subject to our privacy policy.

Click here to review the iWineDb Privacy Policy.

 

No Automated Querying

You may not send automated queries of any sort to iWineDb's system without express permission in advance from iWineDb.

 

Use of Content in the iWineDb Services

 

You acknowledge that the Service contains information, prices, reviews, editorials, photographs, audio and video clips, graphics, software, links and other material (collectively, the "Content") that are the property of the Company or third parties who have authorized the appearance of their content on this site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.

 

You may download or copy the Content, as authorized on this site and only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of the Company or the owners of such Content or their authorized representatives, if other than the Company. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms.

 

Managing Content

You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence. You are solely responsible for all Content you post on the Service. You can be held legally liable for all Content you post on the Service.

 

The Company does not and cannot review all Content posted by users on the Service and is not responsible for such Content. However, The Company reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

 

Intellectual Property Policy

 

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information, please visit http://www.copyright.gov/. For comments, questions, or complaints about the use of intellectual property on our site, please contact us

 

Rules of Conduct For Posting Content

You shall not post on the Service any Content that

 

(a)                 is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;

(b)                contains viruses or other contaminating or destructive features;

(c)                 violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or

(d)                otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

 

No Endorsement

The Company does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by users are the views of the user posting the statement, and do not represent to views of The Company.

 

The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for any such External Site if you have any concerns regarding such links of the content located on such External Site.

 

Changes in iWineDb Services

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.

 

Termination of Service

You agree that the Company, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the Terms. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. The Company may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.

 

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

Disclaimer of Warranties

iWineDb disclaims any and all responsibility or liability for the legality, reliability, completeness, or availability of the Content. iWineDb disclaims any responsibility for the failure to store, deletion, misdelivery, or untimely delivery of any Content. You understand and agree that you download or otherwise obtain Content through the use of Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

 

The iWineDb Services, and all materials, information, products and services included in the Services are provided "as is," with no warranties whatsoever. iWineDb and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. iWineDb and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the Services. iWineDb and its licensors disclaim, any warranties for any information or advice obtained through the Services. iWineDb and its licensors disclaim any warranties for services or goods received through or advertised on the Services or received through any links provided by the Services, as well as for any information or advice received through any links provided in the Services.

 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, the disclaimer of warranties of the Company, third party content providers, or their respective agents shall be limited or disclaimed to the greatest extent permitted by law. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

 

Limitation of Liability

Under no circumstances shall iWineDb be liable to any user on account of that user's use or misuse of or reliance on iWineDb Services. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if iWineDb or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on Services, from inability to use Services, or from the interruption, suspension, or termination of Services (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on Services or received through any links provided in Services, as well as by reason of any information or advice received through or advertised on Services or received through any links provided in Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of Services or any information or merchandise that appears on, or is linked or related in any way to, Services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

 

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. In such jurisdictions, the liability of the Company, third party content providers, or their respective agents shall be limited to the greatest extent permitted by law.

 

Without limiting the foregoing, under no circumstances shall iWineDb or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

 

Indemnity

You agree to indemnify and hold harmless the Company and its employees, officers, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of the Terms or (2) any use or alleged use of the Service under your password by you or any person, whether or not authorized by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim and to reimburse the Company for the costs and expenses of such defense.

 

Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

 

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by iWineDb. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

 

 

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