Which Winery



WHICHWINERY, INC.

TERMS AND CONDITIONS OF USE


Welcome to our website – WhichWinery.com!

WhichWinery.com is maintained as a service to our customers.  By using this site, you agree to comply with and be bound by the following terms and conditions of use.  Please review these terms and conditions carefully.  If you do not agree to these terms and conditions, you should not use this site.

The terms “we”, “us”, and “our” refer to WhichWinery, Inc., a California corporation.  The term “you” refers to the user visiting our website and/or contributing content on this website.

1. Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of WhichWinery.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. We may modify this Agreement at any time by posting a modified Agreement.  Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time by returning to this page.  Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.  Be sure to return to this page periodically to review the most current version of the Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.whichwinery.com/privacypolicy.

3. Ownership. All content on this Site, including, without limitation, the look and feel of the site, page headers, custom graphics, button icons, scripts, logos, trademark and/or trade dress is and shall continue to be the property of WhichWinery, Inc. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

4. Intended Audience. This Site is intended for adults only. This Site is not intended for anyone under the age of 21.  We will not knowingly collect the information of anyone under the age of 21. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.

5. Copyrighted Material/Trademarks. The WhichWinery.com logo and it’s compyrighted material may not be duplicated, used or represented in any way without first securing approval directly from WhichWinery, Inc.

6. Site Use. WhichWinery, Inc. grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of WhichWinery, Inc. and WhichWinery, Inc. may terminate your use of this Site at any time.

(a)  REVIEWS, COMMENTS AND USE OF INTERACTIVE AREAS.  We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any winery reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant WhichWinery, Inc. and its affiliates and partners a nonexclusive, worldwide, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, display, archive, publish, sublicense, sell, translate, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that WhichWinery, Inc. may choose to provide attribution of your comments or reviews at our discretion. You further grant WhichWinery, Inc. the right to pursue at law any person or entity that violates your or WhichWinery, Inc.’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary, and hereby waive any rights you have in your user submissions.

The Site may contain discussion forums, member-to-member communication programs, bulletin boards, review services or other forums in which you or third parties may post reviews of winery experiences or other content, messages, materials or other items WhichWinery, Inc. on the Site (“Interactive Areas”). If WhichWinery, Inc. provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

(i)           Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(ii)         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, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;

(iii)       Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(iv)       Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including WhichWinery, Inc.;

(v)         Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

(vi)       Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(vii)     Viruses, corrupted data or other harmful, disruptive or destructive files;

(viii)   Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

(ix)       Content or links to content that, in the sole judgment of WhichWinery, Inc.(a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose WhichWinery, Inc. or its affiliates or its users to any harm or liability of any type.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect WhichWinery, Inc.’s systems and customers, or to ensure the integrity and operation of WhichWinery, Inc.’s business and systems, WhichWinery, Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. WhichWinery, Inc.’s right to disclose any such information shall take precedence over any terms of WhichWinery, Inc.’s Privacy Policy.

(b)   WINERY LOCATION AND TRAVEL .  Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. WhichWinery, Inc. urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov,www.tsa.gov,www.dot.gov,www.faa.gov,www.cdc.gov,www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WHICHWINERY, INC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

In providing location and direction information through the Site to wineries based on user’s current location and/or preferred location data, WhichWinery, Inc. assumes no liability for travel and/or en route guidance to said destination. Safe and responsible travel to winery destinations is your sole responsibility of each user. WhichWinery, Inc. encourages safe driving and does not encourage or condone consuming alcohol and driving by publishing information relating to location of wineries.  Alcohol consumption impairs driving skills and operating a vehicle while under the influence is illegal in every state in the U.S. and has been shown to cause accidents that result in death, loss of driving privileges and increased insurance expense.

SOFTWARE AVAILABLE ON THIS SITE.  Any software that is made available to download from the Site (“Software”) is the copyrighted work of WhichWinery.com, or WhichWinery, Inc., affiliates, and/or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.

Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote WhichWinery, Inc.’s services, affiliate websites, partners and other products available in the United States, its territories, possessions and protectorates. Our Site is controlled and operated by WhichWinery, Inc.from its offices in the state of California in the United States. We make no representation that materials on our Site are appropriate or available for use outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from our Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Site, is owned by WhichWinery, Inc. and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site.  You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold WhichWinery, Inc. and our partners, employees, officers, directors, agents and affiliates, harmless from and against any causes of action, demands, recoveries, liability, losses, claim, damages, fines, penalties, expenses and other costs of any kind or nature, including reasonable accounting and attorney’s fees, related to your violation of this Agreement or use of the Site or brought by third parties as a result of: (i) your breach of this Agreement or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Site.

9. Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WHICHWINERY, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERIES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WHICHWINERY, INC.  WHICHWINERY, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHICHWINERY, INC.DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT ITS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM WHICHWINERY, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. WHICHWINERY, INC. ITS SUBSIDIARIES AND CORPORATE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE WINERIES AND/OR RELATED TRAVEL, INCLUDING, WITHOUT LIMITATION, RELATED AMENITIES, WINE VARIETALS OFFERED, AMBIANCE, PHOTOS, DESCRIPTION, VIDEOS, TASTING FEES, DAYS OF OPERATION, APPLICABLE REGIONS AND ANY OTHER INFORMATION DISPLAYED ON THE SITE.

10. Limitation of Liability. WhichWinery, Inc. takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is WhichWinery, Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, WhichWinery, Inc.is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although WhichWinery, Inc. has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, WhichWinery, Inc. reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

UNDER NO CIRCUMSTANCES WILL WHICHWINERY, INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

This limitation of liability reflects the allocation of risk between the parties.  The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose.  The limitations of liability provided in these terms inure to the benefit of WhichWinery, Inc.  You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by WhichWinery, Inc. or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release WhichWinery, and its licensees, successors and assigns, from any claims that you could otherwise assert against WhichWinery, Inc.by virtue of any such moral rights.

11. Links to Third Party Sites. This Site may contain hyperlinks to websites operated by parties other than WhichWinery, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on WhichWinery, Inc.to a profile on another third party site. Choosing to do so is purely optional, done at your own risk and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

12. Use of Information. WhichWinery, Inc. reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13.Mobile Use Terms. Portions of WhichWinery, Inc. mobile software may use copyrighted material, the use of which WhichWinery, Inc. acknowledges. The terms of use, conditions and notices for any mobile applications by WhichWinery, Inc. are governed by these overarching Terms and Conditions of Use.

14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, falling outside of the parameters of use by WhichWinery, Inc. as detailed out earlier within this agreement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) 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; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached via email at support@whichwinery.com

15. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of law provisions will govern these Terms and Condition of Use and any dispute that may arise between you and WhichWinery, Inc. or its officers, directors, employees, agents or affiliates.  Venue is exclusively proper in San Francisco, California. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and WhichWinery, Inc. and/or Affiliates as a result of this Agreement or use of this Site.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Complete Agreement. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and WhichWinery, Inc. with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and WhichWinery, Inc. with respect to this 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 this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Any rights not expressly granted herein are reserved.

18. Termination. WhichWinery, Inc. may terminate this Agreement at any time, with or without notice, for any reason.

19. Contact Information.

HOW TO CONTACT US:

support@whichwinery.com

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