End user agreement for Vinote Cellar
These Terms and Conditions govern the use of Vinote and subsidiary websites services made available to you by Vinote Limited. By accessing or using the Vinote website, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree to the terms and conditions of these Terms, do not access or use the Vinote websites.
1. Vinote grants you license to access and use the services provided for personal and commercial use.
2. You acknowledge that the Vinote demands unique and valid emails, as well as passwords and user names to enable access to the Service.
3. You accept that you assume full responsibility for the selection and use of Vinote services and for the access, use and results obtained.
4. You agree that any postings of opinions and tasting notes submitted to Vinote websites will either be original writings of yours, of where copied from other material the source of that material will be acknowledged and will not infringe copyright laws.
5. You acknowledge that Vinote does not screen tasting notes and opinions in advance and accepts no legal responsibility or liability for any material displayed.
6. You acknowledge and agree that any postings of opinions and tasting notes, marked as “Public” will be accessible by other Vinote users and may be reproduced, modified and published with no copyright restrictions.
7. You acknowledge that the services provided may be subject to change at Vinote's sole discretion.
8. You agree that in posting tasting notes and opinions, you will not infringe or contribute to the infringement of any copyrights, intellectual property rights or privacy rights of others nor will you post comments or information that is obscene, defamatory, harmful, abusive, threatening or false.
9. You accept that Vinote may review comments and tasting notes and determine to remove or request the removal of material that is abusive, illegal, disruptive or that otherwise fail to conform to the standard set from time to time by Vinote.
10. You agree that the determination of standards set is at the sole discretion of Vinote.
11. You agree that Vinote may terminate, with or without notice to you, your use of this Service, remove your any or all of your wine data, tasting notes and opinions and/or exercise any other remedy available to it if Vinote reasonably believes that you have violated or acted inconsistently with the spirit or standards of the Vinote websites, or violated the rights of Vinote or any third party.
12. You agree that Vinote will not be liable to you or any third party as a result of such modification or discontinuation.
13. Vinote may modify any of the terms and conditions contained in these Terms, at any time and that while notices of substantive changes will be issued; you agree that your continued use of Vinote services indicates a binding acceptance of such changes.
14. You agree that Vinote owns all right, title and interest in and to the Vinote services, including without limitation, copyright, patents, trademarks and trade secret rights, and that you receive no ownership rights in, to and of the Vinote services. You agree to take all steps necessary to protect Vinote's proprietary rights related to your use of Vinote services.
15. You agree that all rights not expressly granted herein are reserved to Vinote.
16. You acknowledge that Vinote assumes no liability for service delay, failure, interruption or corruption of any data or other information transmitted.
17. You accept that Vinote is not liable for any lost data resulting from the access, use and operation of Vinote services or the enforcement of these Terms and Conditions.
18. You accept full responsibility for the maintenance of suitable backup of data and that the risk arising out of the use or performance of the Service remains with you.
19. You understand that Vinote does not assume any liability for the content of any material provided to the Vinote website.
20. You accept that while every reasonable effort will be made by Vinote to satisfy your expectations, Vinote does not warrant that the Vinote services will meet your requirements or that the operation of the service will be reliable, uninterrupted or error-free.
21. You acknowledge that to the maximum extent permitted by law: in no event shall Vinote be liable for any damages whatsoever (including, without limitation, direct, consequential, indirect, special, or incidental damages, or damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Vinote services, even if Vinote has been advised of the possibility of such damages.
22. You agree to indemnify, defend and hold harmless Vinote and its officers, directors, employees, consultants, suppliers, agents and contractors from any and all claims, actions, losses, liabilities, damages, costs and expenses resulting from or incidental to:
a. Your use or inability to use, whether by act or omission, the Vinote services.
b. Any claim of infringement of any intellectual property rights, privacy rights or violations any other rights of any third party related to your use of Vinote services.
c. Vinote's use of the tasting notes and opinions posted by you.
d. Any negligence or wilful misconduct or any breach of any warranty or covenant by you.
23. Your Privacy
a. Vinote strives at all times to use best practice commercially acceptable means to protect your personal information.
b. Vinote is the sole owner of the information collected on this site and will not sell, share, or rent your personal information to others in any way, except that Vinote reserves the right to disclose your personally identifiable information that is required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
c. Vinote will from time to time place cookies on your hard drive to provide a more user-friendly service. Any information placed in or derived from such cookies will not be sold or shared with anyone else.
d. Vinote will share aggregated demographic information with its partners and advertisers. This is not linked to any personal information that can identify any individual person.
24. You acknowledge that you have read these Terms, understand them and agree to be bound by them.