GLOBAL WINE STOCKS - TERMS OF USE AND SERVICE

 

This Agreement describes the terms and conditions applicable to your use of our services at http://www.globalwinestocks.com. By using this website, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions please do not use our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the services of GLOBAL WINE STOCKS.

 

We may amend this Agreement at any time by posting the amended terms on our site at http://www.globalwinestocks.com.

 

1. ACCEPTANCE OF TERMS
Welcome to GLOBAL WINE STOCKS.

GLOBAL WINE STOCKS provides its service to you, subject to the following Terms of Use and Service (TOUAS), which may be updated by us at any time without notice. You can review the most current version of the TOUAS at any time at: http://www.globalwinestocks.com/useragreement.asp.


In addition, when using particular GLOBAL WINE STOCKS owned or operated services, you and GLOBAL WINE STOCKS shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOUAS. GLOBAL WINE STOCKS may also offer other services that are governed by different Terms of Use and Service.

 

2. DESCRIPTION OF SERVICE
GLOBAL WINE STOCKS currently provides users with a service and method to appraise, categorize and manage their wine collections, view wine ratings, submit wine insurance reports, appraise wine auctions catalogues, obtain wine business news, receive newsletters, access and search a wine database (hereafter referred to as the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GLOBAL WINE STOCKS to provide the Service. You also understand and agree that the service may include certain communications from GLOBAL WINE STOCKS, such as service announcements, administrative messages and the GLOBAL WINE STOCKS Newsletter, and that these communications are considered part of GLOBAL WINE STOCKS membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GLOBAL WINE STOCKS properties, shall be subject to the TOUAS. You understand and agree that the Service is provided as is, and that GLOBAL WINE STOCKS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

 

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the country you registered from, or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GLOBAL WINE STOCKS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GLOBAL WINE STOCKS reserves the right to suspend or terminate your account, refuse any and all current or future use of the Service (or any portion thereof) and deny any refund of membership fees.

 

4. GLOBAL WINE STOCKS PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.globalwinestocks.com/privacypolicy.asp

 

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GLOBAL WINE STOCKS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GLOBAL WINE STOCKS cannot and will not be liable for any loss or damage arising from your failure to comply with this term of use.

 

6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GLOBAL WINE STOCKS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. GLOBAL WINE STOCKS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GLOBAL WINE STOCKS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

     2. harm minors in any way;

3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

 

8. upload, post, email, transmit 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;
 

9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;


10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;


11. intentionally or unintentionally violate any applicable local, state, national or international law, or any rules of any national or securities exchange, and any regulations having the force of law;


12. "stalk" or otherwise harass another;

 

     13. modify, delete or damage any information;


14. collect or store personal data about other users.

 

You acknowledge that GLOBAL WINE STOCKS may or may not pre-screen Content, but that GLOBAL WINE STOCKS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, GLOBAL WINE STOCKS and its designees shall have the right to remove any Content that violates the TOUAS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by GLOBAL WINE STOCKS or submitted to GLOBAL WINE STOCKS, including without limitation information in GLOBAL WINE STOCKS Message Boards, and in all other parts of the Service.

 

You acknowledge, consent and agree that GLOBAL WINE STOCKS may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOUAS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GLOBAL WINE STOCKS, its users and the public.

 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by GLOBAL WINE STOCKS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

 

Breach of these condition may lead to legal actions against you on the part of GLOBAL WINE STOCKS, including but not limited to suspension or termination of your account without any refund of membership fees and/or legal prosecution, at the discretion of GLOBAL WINE STOCKS.

 

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
GLOBAL WINE STOCKS 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 GLOBAL WINE STOCKS the following world-wide, royalty free and non-exclusive license(s), as applicable:

 

-With respect to Content you submit or make available for inclusion on publicly accessible areas of GLOBAL WINE STOCKS Groups, 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 GLOBAL WINE STOCKS. 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 GLOBAL WINE STOCKS removes such Content from the Service.

 

-With respect to TOUAS, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than GLOBAL WINE STOCKS Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for 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 GLOBAL WINE STOCKS removes such Content from the Service.

 

-With respect to Content other than TOUAS, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than GLOBAL WINE STOCKS Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

  

9. INDEMNITY
You agree to indemnify and hold GLOBAL WINE STOCKS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOUAS, or your violation of any rights of another.

 

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your GLOBAL WINE STOCKS I.D.), use of the Service, or access to the Service.

 

Breach of this condition may lead to legal actions against you on the part of GLOBAL WINE STOCKS, including but not limited to suspension or termination of your account without any refund of membership fees and/or legal prosecution, at the discretion of GLOBAL WINE STOCKS.

 

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GLOBAL WINE STOCKS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on GLOBAL WINE STOCKS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GLOBAL WINE STOCKS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that GLOBAL WINE STOCKS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GLOBAL WINE STOCKS reserves the right to modify these general practices and limits from time to time.

 

12. MODIFICATIONS TO SERVICE
GLOBAL WINE STOCKS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GLOBAL WINE STOCKS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

13. TERMINATION
You agree that GLOBAL WINE STOCKS may, under certain circumstances and without prior notice, immediately terminate your GLOBAL WINE STOCKS account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOUAS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your GLOBAL WINE STOCKS account includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in GLOBAL WINE STOCKS's sole discretion and that GLOBAL WINE STOCKS shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

 

14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GLOBAL WINE STOCKS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GLOBAL WINE STOCKS has no control over such sites and resources, you acknowledge and agree that GLOBAL WINE STOCKS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GLOBAL WINE STOCKS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

16. GLOBAL WINE STOCKS PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GLOBAL WINE STOCKS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

 

GLOBAL WINE STOCKS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GLOBAL WINE STOCKS for use in accessing the Service.

 

Breach of this condition may lead to legal actions against you on the part of GLOBAL WINE STOCKS, including but not limited to suspension or termination of your account without any refund of membership fees and/or legal prosecution, at the discretion of GLOBAL WINE STOCKS.

 

 

17. DISCLAIMER OF WARRANTIES

 

You expressly understand and agree that:

 

1. Your use of the service is at your sole risk. The service is provided on an as is and as available basis. GLOBAL WINE STOCKS Expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.


2. GLOBAL WINE STOCKS makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4. No advice or information, whether oral or written, obtained by you from GLOBAL WINE STOCKS Or through or from the service shall create any warranty not expressly stated in the TOUAS.

5. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

 

18. LIMITATION OF LIABILITY
You expressly understand and agree that GLOBAL WINE STOCKS Shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GLOBAL WINE STOCKS Has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

 

19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

  

20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOUAS, there shall be no third party beneficiaries to this Agreement and that a breach of this condition may lead to legal actions against you on the part of GLOBAL WINE STOCKS, including but not limited to suspension or termination of your account without any refund of membership fees and/or legal prosecution, at the discretion of GLOBAL WINE STOCKS .

 

21. NOTICE
GLOBAL WINE STOCKS may provide you with notices, including those regarding changes to the TOUAS, either by email, regular mail, or postings on the Service.

 

22. TRADEMARK INFORMATION
The GLOBAL WINE STOCKS, GLOBAL WINE STOCKS logo, GLOBAL WINE STOCKS trademarks and service marks and other GLOBAL WINE STOCKS logos and product and service names are trademarks of GLOBAL WINE STOCKS. (the "GLOBAL WINE STOCKS Marks"). Without GLOBAL WINE STOCKS's prior permission, you agree not to display or use in any manner, the GLOBAL WINE STOCKS Marks.

 

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

GLOBAL WINE STOCKS respects the intellectual property of others, and we ask our users to do the same. GLOBAL WINE STOCKS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GLOBAL WINE STOCKS's Copyright Agent the following information:

 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. 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;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

GLOBAL WINE STOCKS's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:
Copyright Agent
GLOBAL WINE STOCKS
1625, de Maisonneuve Blvd West
suite 405
Montreal, Qc
H3H 2N4
Canada

By email: info@globalwinestocks.com

 

24. GENERAL INFORMATION
Entire Agreement. The TOUAS constitute the entire agreement between you and GLOBAL WINE STOCKS and govern your use of the Service, superceding any prior agreements between you and GLOBAL WINE STOCKS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GLOBAL WINE STOCKS services, affiliate services, third-party content or third-party software.

  

Waiver and Severability of Terms. The failure of GLOBAL WINE STOCKS to exercise or enforce any right or provision of the TOUAS shall not constitute a waiver of such right or provision. If any provision of the TOUAS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOUAS remain in full force and effect.

 

No Right of Survivorship and Non-Transferability. You agree that your GLOBAL WINE STOCKS account is non-transferable and any rights to your GLOBAL WINE STOCKS I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

 

Statute of Limitations. 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 Service or the TOUAS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The section titles in the TOUAS are for convenience only and have no legal or contractual effect.