Welcome to Global Wine Cellars (the “Site”). This Site is operated by Global Wine Company, Inc. (“We” or “Us”).
In exchange for access to the Site, users (“You”) must agree to enter into this contract, called the Terms of Service, with us. Please read these Terms of Service carefully, because this document is a legal contract, and by using the Site you agree to its terms.
You agree and warrant that you will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Service, or that we deem objectionable. We may restrict, suspend, or terminate your access to the Site without notice for any reason, including if we believe that you may have violated any law or these Terms of Service.
You agree that you will only access the Site through the interfaces we provide. You agree not to “hack” or reverse-engineer the Site, take any action that could have the effect of damaging the Site or its security, or interfere with other users' use of the Site. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Site, or to send unsolicited or unlawful e-mail, to or through the Site or with reference to us or the Site. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
You must be 21 years of age or older to register for an account on this Site. We may require you to provide information about yourself as part of the registration process, or for various other reasons in connection with the Site. You agree that any such information you provide to us will be accurate and up to date. We may also ask or require you to use a password or other form of authentication to access or use the Site. You further agree to maintain the security of your password, and to notify us immediately if you suspect that your password or account has been compromised. You are solely responsible for all actions with respect to the Site that occur under your account.
This Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms of Service, all individual articles, content and other elements comprising this Site are also copyrighted works. All copyright rights in this Site and these works are owned or licensed by Global Wine Company and/or third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on this Site.
You agree to use this Site only for your own personal and non-commercial use except with our permission. We do not grant you a license to use this Site for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale without our permission. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of this Site, please contact us.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or Sites, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Global Wine Company and/or any third party.
You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement without our permission.
The Site may, as a convenience to users, provide links to third-party content and other web sites. We do not endorse, sponsor, endorse, or accept any responsibility for such material, and we are not responsible for the content or privacy practices of any linked sites.
You understand that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, information posted on the Site, or the costs associated with any claims you bring or try to bring against us.
IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, ANY LINKED SITES, ANY ADVERTISERS' PRODUCTS, SITES, GOODS, OR EVENTS OFFERED ON OR IN CONNECTION WITH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS (“THE WINE CLUB PARTIES”) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO INDEMNIFY THE WINE CLUB PARTIES AGAINST, AND HOLD THE WINE CLUB PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE.
THIS SITE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
This agreement may be terminated by us for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.
You agree that any dispute between you and us will be governed by the law of the State of California, and that any legal action brought by one party against the other will be brought in the courts of the State of California. Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of the Site, superseding any prior communications and proposals in any form between you and us. If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall remain in effect.
From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of the Site constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Service by clicking the “Terms of Service” button at the bottom of the web pages on the Site because this agreement is binding on you.
From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Service, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Service and any additional agreement.
You agree that our failure to enforce any provisions of these Terms of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Service or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Service or your access to and use of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about the above Terms of Service, please contact us before using the Site at email@example.com.