Registration Data; Account Security
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
WineTwits offers certain paid services including but not limited to WineTwits Premium Advertising. The Paid Services are offered via monthly or annual subscriptions. When subscribing to Paid Services, you will be asked to provide us with certain information including, but not limited to, credit card and billing information, and where applicable, shipping address. You agree to maintain and update all information as necessary so that it remains accurate and current. If the information you provided is found to be inaccurate or not current, we reserve the right to cancel your subscription to the Paid Services. If you wish to discontinue using the Paid Services you must notify customer service that you wish to cancel your subscription by sending an email to feedback@Winetwits.com. Once we receive your cancellation request, your access to the specified Paid Service will be discontinued. You must provide us with notice prior to the subsequent renewal date and you will not be charged for future billing cycles. Refunds, including pro-rated refunds, will not be issued for cancellation of monthly subscriptions.
In the event that WineTwits cancels any of the Paid Services that you are presently subscribed to, you agree that we may transfer your subscription to another Paid Service of equal or greater value. You may cancel your subscription to the new Paid Service at any time and receive a pro-rated refund.
WineTwits reserves the right to cancel your subscription for Paid Services at any time for any reason or no reason.
We shall have no liability for purchases or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content. The Content is to be used for informational and entertainment purposes only and we cannot provide advice for any individual. We advise that you contact your local wine shop before making any wine related decisions based upon any information received from the Site. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to product value or other loss on the sale or purchase of any product, service, accessory, content or any other matter.
The video content associated with WineTwits.TV and the video player (the "Video Content") is posted solely for informational and entertainment purposes only. In no way should the Video Content be construed to be personal advice, nor should you rely solely on the Video Content for your wine related purchases. By using our Service, you agree that you alone bear responsibility for your own wine research, analysis and decisions. We believe that the contributors to WineTwits TV, and to our Content generally, are interesting and insightful but we do not vet , take responsibility for or make any claims with respect to the accuracy, reliability or completeness of the data, information and/or opinions provided by such contributors.
We advise that you contact your local wine retailer before making any decisions based on the Video Content received from the Site. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on Video Content, including but not limited to product value or other loss on the sale or purchase of any product, service, accessory, content or any other matter. The Video Content and all rights associated with such Video Content, intellectual and other, are the property of WineTwits. Users may not alter, in any way, the Video Content. Users are also restricted from embedding the Video Content in any other website without prior consent from WineTwits. In no instance shall WineTwits consent to embedding the Video Content in any website that hosts unlawful, indecent, defamatory, libelous, offensive, pornographic or hateful links to illegal or infringing content, or to content that is otherwise objectionable to WineTwits at its sole discretion.
User Content Posted on the Service
Access to the Service
WineTwits grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by WineTwits in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from WineTwits.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Content or any portion thereof to any other server or location for non-personal use is prohibited without the express written consent of WineTwits.
WineTwits, WineTwits TV and other Company graphics, logos, designs, the "+" delimiter, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that except for advertising programs offered by us on the Service, the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no User Content of any kind posted through your account or otherwise shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; be in violation of any law or used in furtherance of any such violation; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service to:
in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;
post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
We currently intend that the Service will include certain services that are available via your mobile phone ("Mobile Services"). We do not currently intend to charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Once Mobile Services are available, you should check with your carrier to find out if the Mobile Services will work with your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WineTwits account information to ensure that your messages are not sent to the person that acquires your old number.
We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify WineTwits at abuse@Winetwits.com or:
39 Baker Road Livingston, New Jersey, 07039 Re: Copyright Infringement
Please provide us with the following Notice:
a) Identify the Content on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
b) A 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
WineTwits will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act ("DMCA").
The Company is not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by Users, by WineTwits, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Service and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Service. The Company is not responsible for the conduct, whether online or offline, of any User.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.
The Service may provide information from or links to certain wine companies for your convenience only. WineTwits does not endorse or recommend the services of any wine company. The wine company you select (and not WineTwits) is solely responsible for its services to you. WINETWITS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY WINE COMPANY OR OTHER COMPANY.
THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING TWELVE MONTHS, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under the legal drinking age.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please email firstname.lastname@example.org for more information.