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.
Any questions, contact us