WEBSITE TERMS OF USE

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY WINESTOR, LLC (“WINESTOR”).  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY WINESTOR AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1. ACCESS TO THIS SITE

These Terms of Use apply to all users of this site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If you do not agree to all these terms and conditions, then you may not access the site or use any services provided through the site.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete.  If Winestor believes the information you provide is not correct, current, or complete, Winestor has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without Winestor’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Winestor.  For purposes of these Terms of Use, ‘‘co-branding’’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Winestor in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

3. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Winestor (the ‘‘Content’’) is the proprietary information of Winestor or the party that provided the Content to Winestor, and Winestor or the party that provided the Content to Winestor retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Winestor, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Winestor’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

4. THIRD PARTY LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, Winestor. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Winestor. Winestor has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and Winestor makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Winestor of that site.

5. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Winestor will treat any personal information that you submit through this site in accordance with its Privacy Policy [insert hyper-link].

6. DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘‘AS IS’’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WINESTOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WINESTOR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINESTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WINESTOR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  WINESTOR MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Winestor does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

7. LIMITATION ON LIABILITY

WINESTOR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WINESTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WINESTOR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $10 OR THE AMOUNT YOU HAVE PAID TO WINESTOR FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

8. INDEMNITY

You will indemnify and hold Winestor, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

9. TRADEMARKS

Trademarks, service marks, and logos appearing in this site are the property of Winestor or the party that provided the trademarks, service marks, and logos to Winestor. Winestor and any party that provided trademarks, service marks, and logos to Winestor retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

10. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of this site, or any related website, for violating any of the prohibited uses.

11. SECURITY

Any passwords used for this site are for individual use only.  You will be responsible for the security of your password (if any). Winestor will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Winestor considers insecure, Winestor will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, Winestor reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Winestor reserves the right to investigate suspected violations of these Terms of Use.

Winestor reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Winestor to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WINESTOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WINESTOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WINESTOR OR LAW ENFORCEMENT AUTHORITIES.

12. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Winestor arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Santa Clara County, California.  If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.  Winestor may revise these Terms of Use at any time by updating this posting.




Last updated:  November 22, 2012

© 2012 Winestor, LLC