Web Site User Terms of Service
General Use Restrictions
All information, documents, products, software, and services (the “Materials”) provided on this Website were provided by or to The Wine Spies by their respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and are the copyrighted work of The Wine Spies and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of The Wine Spies or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of The Wine Spies. You also may not, without The Wine Spies’ prior express written permission, “mirror” any Material contained on this Website on any other server.
Nothing on this Website shall be construed as conferring any license under any of The Wine Spies’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download The Wine Spies’ Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
When you visit The Wine Spies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this site, 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. The Wine Spies does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 21, you may use The Wine Spies only with involvement of a parent or guardian. The Wine Spies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Wine Spies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Wine Spies and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Wine Spies and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TheWineSpies.com or its affiliates for all claims resulting from content you supply. The Wine Spies has the right but not the obligation to monitor and edit or remove any activity or content. The Wine Spies takes no responsibility and assumes no liability for any content posted by you or any third party.
Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by The Wine Spies. The Wine Spies does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Wine Spies.
The Wine Spies is committed to respecting others’ intellectual property rights, and we ask our users to do the same. The Wine Spies may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please read our Copyrights and Copyright Agent page.
Links to Third Party Sites
This Website may be linked to other websites that are not under the control of and are not maintained by The Wine Spies. The Wine Spies is not responsible for the content of those sites. The Wine Spies is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by The Wine Spies of those sites.
Software Use Restrictions
Any software that is made available to download from the Website (the “Software”) is the copyrighted work of The Wine Spies and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from The Wine Spies and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Risk Of Loss
All items purchased from The Wine Spies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Wine Spies and its affiliates attempt to be as accurate as possible. However, TheWineSpies.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TheWineSpies.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. We reserve the right to limit quantity while supplies last. Prices are subject to change without notice and we are responsible for typographical errors. Prices do not include applicable sales tax.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS”, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE WINE SPIES MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
THE WINE SPIES SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE WINE SPIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WINE SPIES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST THE WINE SPIES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD THE WINE SPIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WINE SPIES FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
Local Laws; Export Control
The Wine Spies controls and operates this Website from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from The Wine Spies, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Website could include inaccuracies or typographical errors. The Wine Spies and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.
Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. The Wine Spies can revise these Terms at any time without notice by updating this posting.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TheWineSpies.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TheWineSpies.com and protected by U.S. and international copyright laws. All software used on this site is the property of The Wine Spies or its software suppliers and protected by United States and international copyright laws.
The Wine Spies, The Wine Spies logo, and all The Wine Spies-based trademarks and logos are trademarks or registered trademarks of The Wine Spies, Inc. in the United States and other countries.
For further information on The Wine Spies trademarks, including Trademark and Logo Usage Requirements, please read our Trademark Policies page.
©2007 by The Wine Spies, LLC., 146 South Clark Drive, Suite 102, Los Angeles, CA 90048, USA.
All rights reserved.