VinoList Terms of Use

VinoList.com Terms of Use

Thank you for visiting VinoList.com (the "Site"). This Site is owned and operated by Mobile Content Directory LLC, dba VinoList (collectively, "VinoList"). Your access to and use of this Site is subject to the following terms of use ("Terms of Use") and all applicable laws.  The terms “VinoList,” “we,” “us,” and “our” when used in these Terms of Use mean VinoList. The terms “you” and “your” when used in these Terms of Use mean any user of this Site.

Agreement

Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and otherwise using this Site, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Site.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

Ownership and Use of Site and Content

Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics,  compilation, and other matters related to this Site ("Content") are protected under applicable intellectual property and other laws, including without limitation those of the United States.  All Content and intellectual property rights therein are the property of VinoList or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws, or is in the public domain.
The posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy [www.vinolist.com/privacy.html] which is incorporated herein. Before using this Site please review our Privacy Policy carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.  

Your Account

If you register on VinoList.com, you will have created an account on our Site.  You agree to provide true, accurate, current and complete information about yourself when you create your account. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact us at support@vinolist.com) and until we are so notified you will remain liable for any unauthorized use of your account.

Users Under 21

The Site and products and services available on or through the Site are not directed at users under 21. Users under 21 are not permitted to sign up for a www.vinolist.com account, or to otherwise use this Site or VinoList’s products or services.

Communications

You consent to receive communications from us electronically via email or by notices posted on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Intellectual Property Policy

VinoList respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously.  If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available on the Site in a manner that constitutes copyright infringement, please send a notice of the alleged infringement to VinoList including all of the following information, as required by the Digital Millennium Copyright Act:  
• An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
• A description of the work that you claim has been infringed (including the URL, location on the Site, title and/or item number (if applicable) or other identifying characteristics);
• Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
• A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement to VinoList’s agent for notice of claims of intellectual property infringement by any of the following:
Attn: Legal
E-mail: legal@vinolist.com
Fax: 310-882-5491
Mail: 1223 Wilshire Boulevard, Box 832, Santa Monica, CA 90403

Trademark Notices

VinoList, vinolist.com and the VinoList logo (the “Marks”) are trademarks and service marks of Mobile Content Directory, LLC. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.  You are not authorized to display or use the Marks in any manner without our prior written permission. In addition, you are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of third parties featured on this Site without the prior written permission of the owners thereof. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink Disclaimer

This Site may contain links and/or advertisements to other websites maintained by unrelated companies. An advertisement of, or link to, a third party website (including wineries or wine sellers) does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.  Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

License and Site Access

VinoList grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VinoList. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VinoList. This license does not include, and you are expressly prohibited from, any resale or commercial use of this Site or its contents or any derivative use of this Site or its contents

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or proprietary rights, or otherwise injurious to third parties or objectionable (in the discretion of VinoList) and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User Content. VinoList reserves the right (but does not have the obligation) to remove or edit such User Content, but VinoList does not regularly review posted User Content.

If you do post or submit User Content to our Site or to VinoList by e-mail or otherwise, you grant VinoList and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media or format, now known or hereafter invented. You grant VinoList and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose, however, VinoList and its affiliates and sublicensees will have no obligation to provide you with attribution for any User Content you have provided to the Site.

You represent and warrant that you own or otherwise control all of the rights to the User Content; that the User Content is accurate; and that use of the User Content does not violate this Site's policies, will not cause injury to any person or entity, and will not violate any rights of any third party.

Indemnification

You will indemnify and hold harmless VinoList and its affiliates or sublicensees and each of their officers, directors, agents, representatives and employees from all claims, liability, loss, expense or demand, including legal fees,  relating to User Content you supply, your violation of these Terms of Use, or your access or use of this Site. VinoList has the right but not the obligation to monitor and edit or remove any User Content without notice to you and to terminate your access to and use of the Site. VinoList takes no responsibility and assumes no liability for any User Content posted by you or any third party.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS.  VINOLIST HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, WITH REGARD TO THE SITE AND ANY WEBSITES WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.  WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ON THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.

Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS VINOLIST, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY WEBSITE WITH WHICH THIS SITE IS LINKED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Inaccuracies

Although VinoList attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform VinoList so that it can be corrected.

Applicable Law

This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of law principles. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.  Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

Severability and Non-Waiver

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect, and an enforceable provision with substantially the same intent and economic effect will be substituted for the unenforceable provision.

Disputes

Any dispute relating in any way to your visit to VinoList shall be submitted to confidential arbitration in Los Angeles, CA, except that, to the extent you have in any manner violated or threatened to violate VinoList’s intellectual property rights, VinoList may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless consented to by VinoList in writing, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Modifications

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Entire Understanding

These Terms of Use (together with our Privacy Policy which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Contact information

VinoList can be reached at support@vinolist.com  or 1223 Wilshire Boulevard, Box 832, Santa Monica, CA 90403