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Terms of Service

March 24, 2010

 

WineryWeek.com is a social network and wine community magazine that allows Members to create unique personal profiles online to promote their business, services, products, themselves and to connect with, find and ommunicate with old and new consumers and friends. The services offered by WineryWeek.com (or "Winery Week") include the WineryWeek.com website (the "Winery Week Website") and any other features, content, or applications offered from time to time by WineryWeek.com in connection with the Winery Week Website (collectively, the "Winery Week Services"). The Winery Week Services are hosted in the U.S.

 

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Winery Week Services. By using the Winery Week Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the WineryWeek.com Website) or you are a "Member" (which means that you have registered with WineryWeek.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the WineryWeek Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Winery Week Website and discontinue use of the Winery Week Services immediately. If you wish to become a Member, communicate with other Members and make use of the Winery Week Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes Winery Week's policy for acceptable use of the Winery Week Services and Content posted on the Winery Week Website, your rights, obligations and restrictions regarding your use of the Winery Week Services and WineryWeek.com's Privacy Policy. In order to participate in certain Winery Week Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Winery Week Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@wineryweek.com, Subject: Terms of Use Agreement.

 

All information provided on WineryWeek.com is provided “as is”, without respresentations or warranties of any kind, either expressed or implied, including those of merchantability, fitness for a particular purpose, accuracy and non-infringement, you hereby disclaim all warranties by WineryWeek.com relating to your use of this website. You acknowledge that your use of this website may not be free of interruptions, that the information available on WineryWeek.com my contain errors, problems or other limitiations, and that the site may be unavailable from time to time.

 

Winery Week may modify this Agreement from time to time and such modification shall be effective upon posting by WineryWeek.com on the Winery Week Website. You agree to be bound to any changes to this Agreement when you use the Winery Week Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on WineryWeek.com and that you provide to other Users. You understand that all information, data, text, messages or other materials ("Content") are the sole responsibility of the person from which such content originated. This means that you, and not Winery Week, are entirely responsible for all Content you submit or make available on Winery Week. You acknowledge and agree that Winery Week may preserve Content and may also disclose Content if required to do so by law or to comply with legal process, to enforce these Terms and Conditions, to respond to claims that any Content violates the rights of third parties, or to protect the rights, property or personal safety of Winery Week, its user and the public. You retain all ownership rights to the Content that you publish on WineryWeek.com; provided, however, you grant Winery Week a nonexclusive, irrevocable, perpetual, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, distribute, sublicense, modify, adapt, publicly perform, publicly display, copy, exploit, and prepare derivative works of the Content. No information you submit shall be deemed confidential. However, Winery Week agrees to use any of your personal information in accordance with Winery Week's Privacy Policy applicable to personally identifiable user data.

 

This web site may contain links to third-party web sites. You assume the risk of accessing any third-party web site linked to this web site. Because Winery Week has no control over these third party web sites, Winery Week is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on the third-party web sites. Winery Week provides these links for your convenience and inclusion of these links does not imply an endorsement.

 

Your WineryWeek.com profile may not include the following items: language or photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other WineryWeek.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WineryWeek.com assumes no responsibility or liability for this material. If you become aware of misuse of the Winery Week Services by any person, please contact Winery Week or click on the "Report This Person" link on any WineryWeek.com profile page.

 

WineryWeek.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Winery Week Services at any time, for any or no reason, with or without prior notice, and without liability.  Winery Week expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Winery Week Services if Winery Week determines, in its sole discretion, that you pose a threat to Winery Week and/or its Users.

 

These Terms of Use and any disputes arising out of or related to use of this web site shall be governed by the laws of the state of Massachusetts and any applicable federal laws without regard to conflicts of laws principles. In the event of any dispute arising out of or relating to this web site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Boston, Massachusetts.

 

1. Eligibility. Use of and Membership in the Winery Week Services is void where prohibited. By using the Winery Week Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Winery Week Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

 

2. Term. This Agreement shall remain in full force and effect while you use the Winery Week Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page under the Delete Account tab. WineryWeek.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

 

3. Fees. You acknowledge that WineryWeek.com reserves the right to charge for the Winery Week Services and to change its fees from time to time in its discretion. If WineryWeek.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

 

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WineryWeek.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

5. Non-commercial Use by Members. The Winery Week Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WineryWeek.com. Illegal and/or unauthorized use of the Winery Week Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Winery Week Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Winery Week Services.

6. Proprietary Rights in Content on WineryWeek.com.
1. WineryWeek.com does not claim any ownership rights in the text, files, images, hyperlinked content, blog post, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Winery Week Services. After posting your Content to the Winery Week Services, you continue to retain all responsibility and ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying, sharing and/or publishing ("posting") any Content on or through the Winery Week Services, you hereby grant to WineryWeek.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Winery Week Services. Without this license, WineryWeek.com would be unable to provide the Winery Week Services. For example, without the right to modify Member Content, WineryWeek.com would not be able to digitally compress media files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, WineryWeek.com could not allow Users to review the media posted by Members. The license you grant to WineryWeek.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to WineryWeek.com), fully-paid and royalty-free (meaning that WineryWeek.com is not required to pay you for the use on the Winery Week Services of the Content that you post), sublicensable (so that WineryWeek.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Winery Week Services), and worldwide (because the Internet and the Winery Week Services are global in reach). This license will terminate at the time you remove your Content from the Winery Week Services. The license does not grant WineryWeek.com the right to sell your Content, nor does the license grant WineryWeek.com the right to distribute your Content outside of the Winery Week Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Winery Week Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Winery Week Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Winery Week Services.
3. The Winery Week Services contain Content of WineryWeek.com ("WineryWeek.com Content"). WineryWeek.com Content is protected by copyright, trademark, patent, trade secret and other laws, and WineryWeek.com owns and retains all rights in the WineryWeek.com Content and the Winery Week Services. WineryWeek.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WineryWeek.com Content (excluding any software code) solely for your personal use in connection with viewing the Winery Week Website and using the Winery Week Services.
4. The Winery Week Services contain Content of Users and other WineryWeek.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Winery Week Services.

 

7. Content Posted.
1. WineryWeek.com may delete any Content that in the sole judgment of WineryWeek.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WineryWeek.com assumes no responsibility for monitoring the Winery Week Services for inappropriate Content or conduct. If at any time WineryWeek.com chooses, in its sole discretion, to monitor the Winery Week Services, WineryWeek.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Winery Week Services, and any material or information that you transmit to other Members and for your interactions with other Users. WineryWeek.com does not endorse and has no control over the Content. Content is not necessarily reviewed by WineryWeek.com prior to posting and does not necessarily reflect the opinions or policies of WineryWeek.com. WineryWeek.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

 

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Winery Week Services. WineryWeek.com reserves the right to investigate and take appropriate legal action against anyone who, in WineryWeek.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Winery Week Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WineryWeek.com:


 

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  2. harasses or advocates harassment of another person;

  3. exploits people in a sexual or violent manner;

  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

  5. solicits personal information from anyone under 18;

  6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

  12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for business profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  13. The following is a partial list of the kind of activity that is illegal or prohibited on the WineryWeek Website and through your use of the WineryWeek Services. WineryWeek.com reserves the right to investigate and take appropriate legal action against anyone who, in WineryWeek.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  14. 1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;


    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Winery Week Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Winery Week Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Winery Week reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Winery Week deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Winery Week Services, you acknowledge that you will have caused substantial harm to WineryWeek.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WineryWeek.com $100 for each such unsolicited email or other unsolicited communication you send through the Winery Week Services;


    3. covering or obscuring the banner advertisements on your personal profile page, or any WineryWeek.com page via HTML/CSS or any other means;


    4. any automated use of the system, such as using scripts to add friends or send comments or messages;


    5. interfering with, disrupting, or creating an undue burden on the Winery Week Services or the networks or services connected to the Winery Week Services;


    6. attempting to impersonate another Member or person;

    7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;


    8. selling or otherwise transferring your profile;


    9. using any information obtained from the Winery Week Services in order to harass, abuse, or harm another person;

    10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Winery Week Services 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; or

    11. using the Winery Week Services in a manner inconsistent with any and all applicable laws and regulations.

 

10. Copyright Policy. You may not take credit for, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WineryWeek.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to WineryWeek.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Winery Week Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Winery Week Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. WineryWeek.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, WineryWeek.com to the email: copyrightagent@WineryWeek.com.

 

11. Member Disputes. You are solely responsible for your interactions with other WineryWeek.com Members. WineryWeek.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

12. Privacy. Use of the WineryWeek Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

13. Disclaimers. WineryWeek.com is not responsible for any incorrect or inaccurate Content posted on the Winery Week Website or in connection with the Winery Week Services, whether caused by Users of the Winery Week Services or by any of the equipment or programming associated with or utilized in the Winery Week Services. Profiles created and posted by Members on the Winery Week Website may contain links to other websites. Winery Week.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WineryWeek.com. Inclusion of any linked website on the Winery Week Services does not imply approval or endorsement of the linked website by WineryWeek.com. When you access these third-party sites, you do so at your own risk. WineryWeek.com takes no responsibility for third party advertisements which are posted on this WineryWeek Website or through the Winery Week Services, nor does it take any responsibility for the goods or services provided by its advertisers. WineryWeek.com is not responsible for the conduct, whether online or offline, of any User of the Winery Week Services. WineryWeek.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WineryWeek.com is not responsible for any problems or technical malfunction of any telephone, network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Winery Week Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Winery Week Services. Under no circumstances shall WineryWeek.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Winery Week Services, attendance at a WineryWeek.com event, from any Content posted on or through the Winery Week Services, or from the conduct of any Users of the Winery Week Services, whether online or offline. The Winery Week Services are provided "AS-IS" and as available and WineryWeek.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WineryWeek.com cannot guarantee and does not promise any specific results from use of the WineryWeek Services.

 

 

14. Limitation on Liability. WineryWeek.com shall not be in not event be liable for any indirect, incidental, consequential (including damages from loss of business, lost profits, or the like), exemplary, incidential, punitive, special damages, or other damages, under any legal theory, arising out of the use or inability to use this website, even if WineryWeek.com has been advised of the possibility of such damages, because some jurisdictions prohibit the exclusion or limitation of liability for consequential of incidential damages, the above limitation may not apply to you. Notwithstanding anything to the contrary contained herein, Winery Week's liability to you for any cause whatsover and regardless of the form of the action, will at all tmes be limited to the amount paid, if any, by you to WineryWeek.com for the Winery Week Services during, before or after the term of membership.

 

15. U.S. Export Controls. Software available in connection with the Winery Week Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Winery Week Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes. If there is any dispute about or involving the Winery Week Services, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts, City of Boston. Either WineryWeek.com or you may demand that any dispute between WineryWeek.com and you about or involving the Winery Week Services must be settled by arbitration provided that the foregoing shall not prevent WineryWeek.com from seeking injunctive relief in a court of competent jurisdiction.

 

17. Indemnity. You agree to indemnify and hold WineryWeek.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Winery Week Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you choose to post, submit or transmit on the WineryWeek Website or through the Winery Week Services causes WineryWeek.com to be liable to another.

18. Other. This Agreement is accepted upon your use of the WineryWeek Website or any of the Winery Week Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WineryWeek.com regarding the use of the Winery Week Services. The failure of WineryWeek.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WineryWeek.com is a trademark of WineFoodie Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Please contact us with any questions regarding this Agreement.

 

Copyright Notice:

 

Copyright 2010 All rights reserved.

 

Trademark Notice:

 

"WineryWeek.com" and the WineryWeek.com logo are trademarks.