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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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