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WINE LIQUOR JOURNAL TERMS AND CONDITIONS (“Terms”)
Welcome to The WineLiquorJournal, (“we,” “us,” “Wine Liquor Journal,” or the “Company”) website, located at www.WineLiquorJournal.com (the “Website”). These Terms of Use (“Terms”) govern your use of the Website, and any services we may provide through the Website, including in connection with all existing and new accounts (collectively, “Services”). We reserve the right to change, modify, add or remove portions of these Terms at any time for any reason and in our sole discretion. We suggest that you (“you” or “user”) periodically review these Terms for amendments. By using our Services, you accept the practices described in these Terms. If you do not agree to these Terms, please do not use our Services.
If you are accessing on behalf of a company, by using these services, you are representing to us that you have the right to bind that company to these Terms.
Remember, this is a legal contract between User and WineLiquorJournal. ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE OR OUR SERVICES INDICATES YOUR BINDING AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.
YOUR USE OF THE SITE CONTENT
REMEMBER WE OWN AND/OR CONTROL ALL WEB SITE CONTENT
All of the content on our WineLiquorJournal Website, including articles, photographs, images, illustrations, audio clips, video clips, code, data, and anything else appearing on our Website (“Content”) are either owned or controlled by WineLiquorJournal. Legal protections such as copyright, trademark, patent, database, moral rights, and other intellectual property protections all apply.
You cannot share, store, display or otherwise use the Content without WineLiquorJournal’s express written permission. If you want to use any of the content for anything other than personal use, including educational purposes, you will need to ask us for permission, and can do so by visiting our content licensing landing page or by emailing info@wineliquorjournal.com.
For more specific information about use of WineLiquorJournal Ratings and Reviews, see section entitled “RATING AND REVIEW CONTENT USE/LIMITED LICENSE REQUIREMENTS AND GUIDELINES” below.
NO COMMERCIAL OR PROMOTIONAL USE WITHOUT WINELIQUORJOURNAL EXPRESS WRITTEN PERMISSION
Also, you cannot make any commercial or promotional use of the Content at any time without express written permission. That means you cannot publish, broadcast, copy, transmit, reproduce, perform, create derivative works of, modify, delete or otherwise use or exploit the Content without an appropriate license.
LINKING
You may find our Content and Website so compelling that you wish to link to our Website. If so, here are the rules:
EMBEDDED VIDEO
The Web Site may provide the functionality for you to “embed” videos appearing on the page on other web sites or social sites (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) the Embedded Video may be used as part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Web Site Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video. If you wish to license the rights to use video content in any other way, please submit your request and one of our representatives will contact you to discuss options.
TRADEMARKS
There are many trademarks, service marks, tradenames, and logos on the Website (“Trademarks”). Many are owned by WineLiquorJournal, and some are owned by third parties. You cannot use any Trademark without the written permission of the owner of the Trademark. Written permission also is required which use is likely to cause consumer confusion. Under no circumstances will you permitted to use any Trademark which in any manner disparages or discredits the owner of the trademark. To obtain permission to use WineLiquorJournal trademarks, please submit a request and a representative will contact you to discuss options.
THIRD PARTY LINKS
Links to third party web sites may appear on this Web Site (“Linked Sites“). We have no responsibility for, and disclaim any liability related to, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.
Links to Linked Sites do not constitute an endorsement or sponsorship by WineLiquorJournal of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on thereon.
Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. We reserve the right to terminate any link or linking program at any time.
RATING AND REVIEW CONTENT USE/LIMITED LICENSE REQUIREMENTS AND GUIDELINES
We are pleased to allow our retailer, restauranteur, distributor, importer, marketer, or producer consumers engaged in the sale of products that are the subject of our reviews (“Commercial User”) and our journalist/blogger consumers writing about WineLiquorJournal reviewed products (“Journalist”) a limited license to use our product reviews, ratings, tasting notes, and other review content (“Review Content”). If you are a personal consumer, no license is granted to you to use the Review Content without the express written consent of WineLiquorJournal. All uses, other than those specifically provided for herein, must be specifically approved in writing by WineLiquorJournal by submitting a request HERE.
In order to protect the integrity of the Review Content, we have some rules that must be followed by any user of Review Content. Your right to use any of our Review Content is a limited, revocable and non-assignable right. Distribution or transferring of WineLiquorJournal Review Content and information is a violation of copyright law. We reserve the right to seek damages, legal fees and costs resulting from any violation of our terms of use.
The following terms must be adhered to, or we may immediately revoke your license to use the Review Content:
We retain the right to use certain technologies to detect the use of specialized computer programs including, but not limited to, web robots, web wanderers, crawlers, scrapers, spiders or any other techniques designed to systematically download and/or copy our Review Content. The use of any of these programs or techniques is strictly prohibited, constitutes material violations of this agreement and is grounds for immediate termination of your subscription and may expose you to damages for copyright infringement.
We also reserve the right at any time and for any reason to withdraw approval and terminate the license granted to you hereunder. If we discover inaccurate, inappropriate, or improper misuse of our Review Content or a violation of these license terms, we reserve the right to pursue legal action to desist such use. If you believe a business or individual is inaccurately citing Wine Liquor Journal ratings and reviews, misusing them or violating our terms of use, please email info@wineliquorjournal.com so we can review the situation.
CONTENT AND MATERIAL SUBMITTED TO WEBSITE
USER INFORMATION
While using our Website, you may be asked to submit user information. Rest assured we will only use such information as set forth in these Terms or on our Website’s Privacy Policy.
SUBMISSIONS, COMMENTS, PHOTOS, CONTENT, REVIEWS, ETC.
Generally, we do not ask our users to submit information to our site. Please note that anything you submit to our site, such as photos, articles, creative works, suggestions, comments, responses, ideas, reviews, text, videos, audio, or any other content, may be used by us in any manner and will not be deemed to be confidential or secret.
With any submission by you to the Website represents and will be deemed to be a grant to WineLiquorJournal of a royalty-free, unrestricted, worldwide, perpetual, irrevocable, assignable, and sublicensable right and license to use, copy, modify, reproduce, publish, translate, create derivative works from, and otherwise exploit your submission.
AVOID POSTING PRIVATE OR SENSITIVE INFORMATION
Remember, comments submitted to the Web Site may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, for a long time. Once posted you lose control. Be careful and selective about what you disclose about yourself and others. Avoid sensitive, embarrassing, proprietary or confidential information in your comments and submissions.
BE YOURSELF, DON’T BE RUDE, DON’T STEAL, OR OTHERWISE ACT BADLY
We want you to enjoy our site. Be respectful and engaging. Remember debating is not attacking.
We may, however, immediately suspend and terminate your access rights if you act poorly, in our sole discretion. Here are some common rules of the road (but not an exhaustive list):
The Don’ts
WE MAINTAIN OUR EDITORIAL CONTROL
EDITORIAL CONTROL
As an editorial publication, we value and closely guard our editorial independence and integrity. To that end, we reserve the right, but not the obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability.
WE DISCLAIM RESPONSIBILITY
WineLiquorJournal disclaims any and all responsibility or liability with respect to any materials posted by our users including any sensitive, embarrassing, proprietary or confidential information that posted by users on our Website.
WE RESERVE THE RIGHT TO REPORT
And, we always reserve the right, in our sole discretion, to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms, our policies or applicable law.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND WINELIQUORJOURNAL EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, PRECISION, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE).
WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US “AS IS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED s MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT, SHALL WINELIQUORJOURNAL, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “WINELIQUORJOURNAL ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE WINELIQUORJOURNAL ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE WINELIQUORJOURNAL ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WINELIQUORJOURNAL FOR YOUR USE OF THE WEBSITE OR PURCHASE OF A SERVICE OR PRODUCT THROUGH THE WEBSITE.
MISCELLANEOUS LEGAL PROVISIONS
INDEMNIFICATION
You agree to defend, indemnify and hold Wine Liquor Journal and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
TERMINATION
In certain circumstances we may be required to terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time.
GOVERNING LAW, BINDING ARBITRATION
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with WineLiquorJournal shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any WineLiquorJournal Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You understand and agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
In the event we fail to exercise or enforce any of the Terms such failure shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The captions, headings, and paragraph numbers appearing in these Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms, nor in any way affecting them.