TERMS AND CONDITIONS OF WINE ALERT
Last modified: August 31, 2019
By accessing or using this WineAlert.com website, you automatically agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not access or use the website.
ACCEPTANCE OF TERMS
This Website is offered to Users conditioned on Users' acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures (collectively, the "Terms") that are published on this Website (the "Site") by the Operator of this site (“the Company”). The following Terms govern Users' access to and the use of the Website. By signing in, accessing data, or otherwise using the services of WineAlert.com, you are confirming that you have read and understood these Terms and Conditions of Use and constitutes Users' agreement to all such Terms. These Terms may be updated by us from time to time without notice to Users. These Terms and Conditions of Use apply to all Users of the WineAlert.com site including visitors and Users who are also contributors of content, and to information and other materials or Websites on the site.
The Company reserves the right to modify or discontinue all or part of the Website, temporarily or permanently, with or without notice to Users, and is not obligated to support or update the Website. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. Users' continued use of the Website after the posting of the amended Terms on the Site constitutes Users' affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Users acknowledge and agree that the Company shall not be liable to Users or any third party in the event that the Company exercises its right to modify or discontinue all or part of the Website. Users can view the most recent version of these Terms at any time here.
USERS CONDUCT / LAWFUL USE
Users agree that use of the site is subject to all applicable International, National, Federal, state, and local laws and regulations. The Users agree to abide by these laws and are solely responsible for the content of its communications through the Website. Users agree to use WineAlert.com for lawful purposes only.
WineAlert.com does not monitor the contents uploaded by the Users and depends on Users flagging (reporting) content that breaches terms and conditions. However, if Users are found to be involved in any of the aforementioned acts of using the Website unlawfully, or if it is brought to our notice by other Users or the copyright owner, Users will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of Users' account and forfeiture of any fees provided to WineAlert.com. WineAlert.com also reserves the right to remove such prohibited material without warning or notification to the Users.
If Users encounter such prohibited material on the Site, Users waive their right to any damages related to such exposure. Such material should be immediately reported to firstname.lastname@example.org.
In case of any violation of these Terms, the Company reserves the right to seek all remedies available by law and in equity for such violations.
Wines listed on WineAlert.com must be in your inventory or obtainable by you in a firm contract. Futures, pre-arrival, brokerage are all acceptable as long you have an assured right to acquire the wine. The posting of wines which you have no clear right to acquire, such as reposting another merchant’s listings or showing wines from a distributor catalog with no assurance the wine is actually available, are all expressly not permitted.
You expressly agree to make every reasonable effort to ensure that the wines (including vintage) and prices you list are available at the time we collect your list. Any repeated pattern of wines being listed with artificially low prices or unavailable vintages expressly violates these Terms and Conditions of Use.
We reserve the right, at our sole discretion, to remove all or a portion of any collected listings of any merchant found to be violating these terms. We reserve the right to suspend your access to the website and/or terminate this Agreement at any time if you are deemed to be in breach of these Terms and Conditions of Use.
By posting or uploading User Content to this Site, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, create derivative works of and display the content. You also confirm that you have the right to grant this license without infringement of any third party’s rights, copyrights, privacy rights, contract rights, intellectual property rights or publicity rights.
The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions:
User may not:
- Modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental;
- Decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law;
- Remove any copyright or other proprietary notices from the Materials;
- Users agree to prevent any unauthorized copying of the Materials.
The Website is to be used AS IS
Please note we are currently in Beta testing phase of the website and related applications. We strive to provide accurate information, but there are certain things that we can’t guarantee.
To the fullest extent permitted by law, the Company and its affiliates, suppliers and distributors make no warranties, either express or implied, about the website. The website is provided "as is." We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. the Company is not liable for any statements, representations or content provided by its Users in any public forum, personal home page or other interactive area, even if the Company has been advised of the possibility of such damages.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or Website advertised or offered by a third party through the WineAlert.com site or any hyperlinked site or featured in any banner or other advertising.
The Company further does not warrant that its Website will be secure or uninterrupted; the information, links or other items contained within these materials will be accurate and complete. The Company may make changes to these materials at any time without notice. The Company makes no commitment to update the Materials. No oral advice or written information given by the Company, its employees, licensors or the like will create a warranty; nor may Users rely on any such information or advice.
LIMITATION OF LIABILITY
As a condition of use of the Website, and in consideration of the Websites provided by the Company, Users agree that neither the Company nor any officer, affiliate, director, shareholder, agent, contractor or employee of the Company will be liable to Users or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Website, Site or Content.
Damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Users' access to and use of our website/ site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Users' use of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory.
To the fullest extent permitted by law, in no event will the Company, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not the Company has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the website more than the greater of $20 or the amounts paid by Users to the Company for the past 12 months of the website in question.
Users agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content Users submit, post, transmit or make available through the Website, Users' use of the Website, Users' connection to the Website, Users' violation of the Terms, Users' intentional or negligent violations of any applicable laws or governmental regulation, Users' contractual relation with a third party, or Users' violation of any rights including but not limited to rights relating to patent or copyright of another.
FEES AND PAYMENTS
WineAlert.com is a free Website for all members.
These Terms do not transfer any right, title, or interest in the Website, Site or the Content to Users. Subject to the terms of this Agreement, we grant to Users a limited, personal, non-exclusive, non- transferable license to use WineAlert.com software and Website on an unlimited number of personal computers solely to use the Website to the extent Users have the right to access the Website. Users' right to access the Website will be limited by the terms of this Agreement. Except for this license granted to Users, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, Users will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the software; nor (c) circumvent or disable any security or technological features or measures in the software. When Users post Public Content, Users hereby grant (or warrant that the owner of the Content grants us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to the Users. By posting or providing Public Content, Users represent and warrant that public posting and use of Users' Public Content by us will not infringe on or violate the rights of any third party.
If Users download, print or display any WineAlert.com Content for personal use, Users must retain and not cover or obscure all copyright and other proprietary notices. Users may not use any metatags or other "hidden text" utilizing the WineAlert.com name or trademarks or Website marks without our express written consent. Any unauthorized use terminates the permission or license granted by the Company.
The Company reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site or violation of these Terms and Conditions of Use.
The Company reserves the right to suspend or end the Website at any time at its discretion and without notice and may suspend or terminate Users' use of the Website if Users are not complying with these Terms, or use the Website in a manner that would involve the Company’s legal liability, disrupt the Website or disrupt others’ use of the Website. The Company reserves the right to terminate and delete Users' accounts if Users haven’t accessed the Website for 12 consecutive months. Notice will be served via the email address associated with the User’s' account before termination.
The Site, Software and Websites may include mobile features that allow Users to access information in User’s' account from User’s mobile phone. The Company does not charge for the use of these features, but Users' mobile Website providers may do so.
WAIVER, SEVERABILITY & ASSIGNMENT
The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Users may not assign any of Users' rights under these Terms, and any such attempt will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Websites.
From time to time, the Company may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Website or Software ("Beta Software") for public use. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As Users of Beta Software Users are encouraged, but not required, to identify potential errors and improvements ("Feedback") to email@example.com. Users hereby grant the Company the unrestricted right to use Users' Feedback, including the right to use Users' Feedback to improve the Software, Site or Website and to create other products and Websites. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that Users may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or Users' computer to malfunction or cause a loss of data. If Users do not wish to accept these risks, please do not install or use the Website. Furthermore, the Company is not obligated to correct errors or correct the effects of errors (e.g., fix Users' computer or recover lost data) or provide any technical support related to use of Beta Software.
This is the complete Agreement with respect to your use of the Site. Nothing published or stated elsewhere (other than in the Usage Guidelines) should be viewed as a modification of this Agreement.
GOVERNING LAW AND JURISDICTION
The Company is a company incorporated in Singapore and these Terms and Conditions of Use shall be governed and construed in accordance with the laws of Singapore. The parties irrevocably agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions of Use or the legal relationship established by them.
RESOLUTION OF DISPUTES
As the Company is not a party to any sale or transaction between a merchant and a user, you agree that the Company will not be involved in any dispute or in the resolution of disputes that arise between a merchant and a user as a result of any information provided on WineAlert.com.
Your breach of this Agreement may cause irreparable damage that cannot be readily remedied by monetary damages in an action at law and may also constitute an infringement of trademark rights and copyright rights. As such, you agree to the entry of an immediate injunction, in addition to any other remedies available at law or in equity, to stop or prevent any irreparable harm, loss or dilution as result of a breach of this Agreement.
CHANGES TO THIS AGREEMENT
The Company may occasionally update this Agreement. When we do, we will also revise the "last updated" date at the top of the copy of the Agreement posted on the Site. For changes to this Agreement we consider material, WineAlert.com will notify you by placing a prominent notice on the Site. Such changes will be effective when posted by us. Your continued use of the Site after the date upon which this Agreement is changed and the changes are posted will constitute your continued acceptance of this Agreement. Your only alternative, should you no longer wish to be bound by this Agreement, is termination of your use of the Site. No full or partial refunds will be offered in such an event.