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Terms of Service
Last updated: 3 August 2008|
Posting and Transmitting Content
The Site consists of a mix of digital media and written content provided by ViciVino.com, our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through the Site. This includes, but is not limited to, any content you post on the ViciVino.com community forum. The following Content is prohibited:
We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. We also reserve the right to terminate your access to the Site if you fail to abide by these Terms.
- * Copyrighted material and trademarks that are used without the express permission of the owner
- * Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have ViciVino.com written consent to do so
- * Pornographic, sexually explicit or obscene Content
- * Content that exploits children or minors
- * Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 21 or that includes private, confidential information
- * Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
- * Content that may be deemed grossly offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
- * Content promoting or providing instructional information about illegal or illicit activities
- * Content that transmits or contains viruses, corrupted files, or any similar element
We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Site.
By utilizing the Site you agree to indemnify, defend and hold ViciVino.com and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by ViciVino.com through your use of the Site or as a result of Content you submit or transmit through the Site in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.
Grant of License
When you post or transmit Content on or through the Site you grant ViciVino.com a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by ViciVino.com. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.
We have the right, but not the obligation, to use your name, city and state, as you have provided this information to ViciVino.com, in connection with any use of your Content.
Use of the Site and the Site Content
All of the Content available through the Site is protected by our copyrights or trademarks and the copyrights or trademarks of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by ViciVino.com as part of the services we provide.
You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.
You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.
We maintain the right to do any of the following any time, with or without prior notice:
* restrict, suspend, or terminate your access to all or any part of our services;
* change, suspend, or discontinue all or any part of our services;
* refuse, move, or remove any Content;
* refuse to register any user name that may be deemed offensive
* establish general practices, fees and policies concerning the Site and the services we provide
Limits on our Responsibilities
We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site, and your use of the Site and the services provided is at your own risk.
Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.
Membership and Account Responsibility
Usage of the Site, including Membership on the Site, is available to anyone 21 years of age or older who truthfully and accurately provides all required information. The Site is not intended as a service for children and therefore persons under the age of 21 may not become a member. You must be registered in order to post messages in the community forum.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site.
We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through the Site, that third party may need to email you regarding their service. We may also contact you via email to notify you about special offers available to Site members. By using the Site, becoming a Site member or registering for the newsletter you are consenting to the receipt of these communications.
Third-Party Sites, Products, and Services
The Site provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these third parties and we are not responsible for their activities.
We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Reporting Content Violations
If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright you can report such violation to info [at] ViciVino.com. In the case of a copyright violation please provide the following information:
* A description of the copyrighted work or other intellectual property that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the site (including the exact URL);
* An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not ViciVino.com, can contact you;
* A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
* A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
* Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content. You may also report a copyright violation by providing the above information to the ViciVino.com at the below email address:
By contributing or submitting any content to ViciVino.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant ViciVino.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of ViciVino.com. ViciVino.com reserves the right to change, condense or delete any content on the ViciVino.com site that ViciVino.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
* that is known by you to be false, inaccurate or misleading;
* that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
* that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
* that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
* for which you were compensated or granted any consideration by any third party;
* that includes any information that references addresses, email addresses, contact information or phone numbers;
* or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics, or other materials you publish on the ViciVino.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same.
It is not a violation of this Agreement to post your Content to other sites.
You agree to comply with all laws and regulations applicable to your access and use of the ViciVino.com and publishing your content. You may not harvest personal data (including email addresses) from the Site, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that ViciVino.com has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Site or collect information from it.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Vicivino.complaxo or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of this Agreement or the use of or inability to use the Site, even if ViciVino.com has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with ViciVino.com related to this Agreement or the Site shall be cancellation of your membership and termination of use of the services of the Site. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the greater of $10.00 or the amount you Paid in the prior twelve (12) months for the services of the Site.
You agree to hold harmless, indemnify and defend ViciVino.com, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Site in violation of another party's rights or in violation of any law, or (ii) violated this Agreement.
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in the County of Alameda, California if seeking interim or preliminary relief or enforcement of an arbitration award.