Terms of Service ..
By using or accessing this Web site or by using
the Winecellar application and forums provided via the site, you agree
to be bound by these Terms of Service and by the Privacy Policy of
Okvine Inc. (”Okvine”), which are collectively referred to
as the “Agreement.” Please read the terms of this Agreement
carefully. If you do not agree to the terms of this Agreement, then you
may not use or access the Site or any of the Services.
Okvine may, in its sole discretion, modify this agreement from time to
time, and may modify, suspend, or terminate the Site and Services, for
any reason, and without notice. Each revision will be marked with a
revision date and will be posted on the Site. Okvine recommends that
you review these terms from time to time to note any changes. Although
you may be asked to indicate your assent to the terms of this Agreement
only once (e.g., when you register for a Okvine account), the terms of
this Agreement, as modified by Okvine from time to time, will govern
all use of the Site and Services. By continuing to use or access the
Site or any of the Services, you agree to be bound by the Terms of
Service in effect at the time of such use or access.
1. Description of the Services
Okvine provides its registered users with the ability to log, rate and review wines and participate in forums.
Although the site and services are normally available, there will be
occasions when the site or services will be interrupted for scheduled
maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and equipment that are beyond the control of
Okvine. Also, although Okvine will normally only delete content that
violates this agreement, Okvine reserves the right to delete any
content for any reason, without prior notice. Deleted content may be
stored by Okvine in order to comply with certain legal obligations and
is not retrievable without a valid court order. Consequently, Okvine
encourages you to maintain your own backup of your user content. In
other words, Okvine is not a backup service. As discussed further in
Section 8, Okvine will not be liable to you for any modification,
suspension, or discontinuation of the Services, or the loss of any
Content.
2. Accounts and Passwords
In order to access certain features of the Site and the services, and
to post content, you must create a Okvine account. Once you have
created an account, you will be a “Registered User.”
Registered Users are limited to one free account per person. Your
Okvine account is solely for your own personal use and benefit. You are
responsible for safeguarding the password that you use to access the
Site and Services. You agree not to disclose your password to any third
party or to permit any third party to use your Okvine account. You
agree to take sole responsibility for any activities or actions under
your password, whether or not you have authorized such activities or
actions. You will immediately notify Okvine of any unauthorized use of
your password. In registering and creating an account, you agree to
provide accurate, current and complete information, and to promptly
update that information as necessary. Okvine will have no liability for
failure to deliver notices that result from inaccurate account
information.
You may terminate your account at any time, for any reason, by sending
an email to Okvine. Okvine reserves the right at all times to terminate
your account, and delete any and all content, in whole or in part, for
any reason including without limitation a breach of any part of this
Agreement
3. Your License to Okvine
By posting or making user content available through the site or via the
services, you hereby grant to Okvine a nonexclusive, royalty-free,
transferable, worldwide license to use, copy, modify, prepare
derivative works from, distribute, publicly display and publicly
perform (whether by means of a digital audio transmission or otherwise)
and process your User content, or any part of it, solely on and through
the Site and Services, including without limitation (a) adapting the
format of your User content (for example by encoding or transcoding)
for suitable display on the Site; and (b) displaying, in Okvine’s
sole discretion, your public User content in search results generated
by the Okvine search engine.
4. Restrictions
You will not do any of the following while using or accessing the Site or the Services:
a. Use any meta tags or other hidden text or metadata utilizing a
Okvine name, trademark, URL or product name without Okvine’s
express written consent;
b. Post, upload, email or otherwise transmit, without first obtaining
the permission of Okvine, any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, “pyramid
schemes,” Ponzi schemes or any other form of solicitation;
c. Post, upload, email, or otherwise transmit, via the site or
services, any content that is unlawful, obscene, harmful, threatening,
harassing, defamatory, or hateful, or that contains objects or symbols
of hate, invades the privacy of any third party, contains nudity or
pornography (including without limitation any child pornography or
child erotica), is deceptive, threatening, abusive, inciting to
unlawful action, defamatory, libelous, vulgar or violent, or
constitutes hate speech, or is otherwise objectionable in the opinion
of Okvine;
d. Post, upload, email, or otherwise transmit any content that contains
software viruses or any other computer code, files, or programs
designed to (i) interrupt, destroy, or limit the functionality of any
computer software; or (ii) interfere with the access of any user, host
or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the Site;
e. Post, upload, email or otherwise transmit any content that includes
code that is hidden or otherwise surreptitiously contained within the
images, audio or video of any Content that is unrelated to the
immediate, aesthetic nature of the Content;
f. Attempt to probe, scan or test the vulnerability of any Okvine
system or network or breach any security or authentication measures;
g. Forge any TCP/IP packet header or any part of the header information
in any posting, or in any way use the Site or Services to send altered,
deceptive, or false source-identifying information;
h. Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure protecting the Site or Services;
i. Collect or store personal data about other users without their express permission;
j. Impersonate or misrepresent your affiliation with any person or
entity, through pretexting or any other form of social engineering, or
otherwise commit fraud;
k. Resell the Services, in whole or in part;
l. Violate any applicable law, regulation, or ordinance; or
m. Use the Site or Services in any manner not permitted by this Agreement.
Okvine does not control the content in Registered Users’ accounts
and does not have any obligation to monitor such Content for any
purpose. However, regardless of whether the content is public or
private, Okvine may choose to monitor such content at any time, in its
sole discretion. Okvine reserves the right at all times to terminate
your account, and delete any and all content, in whole or in part, for
any reason including without limitation violations of this Section, or
of any part of this Agreement. Okvine reserves the right at all times
to disclose, in its sole discretion, any content as necessary to (a)
satisfy any law, regulation, or governmental request or (b) reduce or
prevent what Okvine considers to be, in its sole discretion, a serious
or imminent threat to your health or safety, or the health or safety of
another. For information regarding Okvine’s handling of your
personally identifiable information, refer to the Okvine Privacy Policy.
5. Forum
You agree, through your use of Okvine forums, that you will not post
any material which is false, defamatory, inaccurate, abusive, vulgar,
hateful, harassing, obscene, profane, sexually oriented, threatening,
invasive of a person's privacy, adult material, or otherwise in
violation of any International or United States Federal law. You also
agree not to post any copyrighted material unless you own the copyright
or you have written consent from the owner of the copyrighted material.
Spam, flooding, advertisements, chain letters, pyramid schemes, and
solicitations are also forbidden on this forum.
Note that it is impossible for the staff or the owners of this forum to
confirm the validity of posts. Please remember that we do not actively
monitor the posted messages, and as such, are not responsible for the
content contained within. We do not warrant the accuracy, completeness,
or usefulness of any information presented. The posted messages express
the views of the author, and not necessarily the views of this forum,
its staff, its subsidiaries, or this forum's owner. Anyone who feels
that a posted message is objectionable is encouraged to notify an
administrator or moderator of this forum immediately. The staff and the
owner of this forum reserve the right to remove objectionable content,
within a reasonable time frame, if they determine that removal is
necessary. This is a manual process, however, please realize that they
may not be able to remove or edit particular messages immediately. This
policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages.
Furthermore, you agree to indemnify and hold harmless the owners of
this forum, any related websites to this forum, its staff, and its
subsidiaries. The owners of this forum also reserve the right to reveal
your identity (or any other related information collected on this
service) in the event of a formal complaint or legal action arising
from any situation caused by your use of this forum.
You have the ability, as you register, to choose your username. We
advise that you keep the name appropriate. With this user account you
are about to register, you agree to never give your password out to
another person except an administrator, for your protection and for
validity reasons. You also agree to NEVER use another person's account
for any reason. We also HIGHLY recommend you use a complex and
unique password for your account, to prevent account theft.
After you register and login to this forum, you will be able to fill
out a detailed profile. It is your responsibility to present clean and
accurate information. Any information the forum owner or staff
determines to be inaccurate or vulgar in nature will be removed, with
or without prior notice. Appropriate sanctions may be applicable.
Please note that with each post, your IP address is recorded, in the
event that you need to be banned from this forum or your ISP contacted.
This will only happen in the event of a major violation of this
agreement.
Also note that the software places a cookie, a text file containing
bits of information (such as your username and password), in your
browser's cache. This is ONLY used to keep you logged in/out. The
software does not collect or send any other form of information to your
computer.
6. Disclaimer of Warranty
THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN
“AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Okvine DISCLAIMS
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
7. Limitations of Liability
You understand that content is posted by users and that Okvine has only
limited control over the Content that is made available via the Site
and Services. You understand that by using the Site and Services, you
may be exposed to this Content. You acknowledge that Okvine will not be
liable for (a) Content, including without limitation the subject matter
of any Content, any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use or download of
any Content posted, emailed, transmitted, or otherwise made available
via the Site or Services; (b) the deletion, failure to store,
mis-delivery, or untimely delivery of any information or material; (c)
Site unavailability or Service interruptions; or (c) the defamatory,
offensive, or illegal conduct of any third party.
IN NO EVENT WILL Okvine BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER
FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER
THEORY EVEN IF Okvine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL Okvine’S AGGREGATE LIABILITY TO YOU OR TO ANY
THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE
OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO Okvine. You
acknowledge that Okvine has set its prices and entered into this
Agreement in reliance upon the limitations of liability specified
herein, which allocate the risk between the parties and form a basis of
the bargain between the parties. Some jurisdictions do not allow the
exclusion or limitation of liability of incidental or consequential
damages, so the above limitation may not apply to you.
8. Indemnification
You agree to defend, indemnify, and hold harmless Okvine and its
officers, directors, employees, and agents, from and against any
claims, liabilities, damages, losses, and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or in
any way connected with your access to or use of the Site or Services,
or your violation of this Agreement. Okvine reserves the right, at its
own expense, to assume the exclusive defense and control of any such
claim otherwise subject to defense by you, in which event you will
cooperate with Okvine and its counsel, as necessary, in the conduct of
such defense.
9. Links to Third Party Sites
The Site may contain links to third-party websites or resources. You
acknowledge and agree that Okvine is not responsible or liable for: (i)
the availability or accuracy of such websites or resources; or (ii) the
content, products or services on or available from such websites or
resources. Links to such websites or resources do not imply any
endorsement by Okvine of such websites or resources or the content,
products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from
your use of any such websites or resources. For the terms and
conditions governing your use of Partner Sites, refer to the terms of
service governing those websites.
10. Forum and Choice of Law
This Agreement will be governed by and construed in accordance with the
laws of the Province of Ontario, without regard to its conflicts of law
rules. You expressly agree that the exclusive jurisdiction for any
claim or action arising out of or relating to this Agreement or your
use of the Services will be filed only in the federal courts located in
the Province of Ontario, or provincial courts located in Ontario. You
further agree and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or action. You
agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of, or related to, use of the Services
or this Agreement must be filed within one (1) year after such claim or
cause of action arose, or be forever barred.
11. General
You may not assign any rights granted to you or delegate any of your
duties hereunder; any attempt to do so is void and of no effect. Okvine
may assign its rights and delegate its duties under this Agreement in
their entirety in connection with a merger, reorganization or sale of
all, or substantially all, of its assets relating to this Agreement.
The failure of Okvine at any time to require performance of any
provision hereof shall in no manner affect its right at a later time to
enforce the same unless the same is waived in writing. If a court
should find that one or more rights or provisions contained in this
Agreement are invalid, you agree that the remainder of the Agreement
will be enforceable. The headings and captions are for convenience only
and are not to be used in the interpretation of this Agreement. This
Agreement constitutes the complete and exclusive understanding and
agreement between you and Okvine regarding its subject matter, and
supersedes all prior and contemporaneous agreements or understandings
relating to such subject matter.
If you have actually read this entire document and any questions or
concerns about this Agreement or any issues raised in this Agreement or
on the Site, please contact Okvine at info {at} Okvine(.)com
12. Member Conduct Policy
You agree not to use the service or the site to:
a. Use the Service or the Site in any unlawful manner or in any other
manner that could damage, disable, overburden or impair the Site;
b. Upload, post, transmit, share, store or otherwise make available any
content that we, in our sole discretion 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;
c. Impersonate any person or entity, or falsely state or otherwise
misrepresent yourself, your age or your affiliation with any person or
entity;
d. Upload, post, transmit, share 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;
e. Upload, post, transmit, share, store or otherwise make publicly
available on the site any private information of any third party,
including, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
f. Solicit personal information from anyone under 18 or solicit
passwords or personally identifying information for commercial or
unlawful purposes;
g. Upload, post, transmit, share 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;
h. Intimidate or harass another;
i. Upload, post, transmit, share, store 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;
j. upload, post, transmit, share, store or otherwise make available
content that, in the sole judgment of Company, is objectionable or
which restricts or inhibits any other person from using or enjoying the
Site, or which may expose Company or its users to any harm or liability
of any type.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Okvine does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of
the Service, you grant Okvine the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion
on publicly accessible areas of Okvine, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and
promoting the specific Okvine services to which such Content was
submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will
terminate at the time you remove or Okvine removes such Content from
the Service.
“Publicly accessible” areas of the Service are those areas
of the Okvine network of properties that are intended by Okvine to be
available to the general public.
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