TheWineArray Terms of Use

READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THIS WEBSITE

BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND OUR ACCEPTANCE OF YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO THESE TERMS AND CONDITIONS (the “Terms of Use”)

  1. Who We Are

    This website (the “Site”) is thewinearray.com, owned and operated by TheWineArray Corp (“TheWineArray”).
  2. Limitations of Use

    The use of the Site by persons under 21 years of age is prohibited .Your license for access and use of this site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a) You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of TheWineArray; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by the Site are subject to the same conditions.
  3. Access to Service;non-interference

    You agree not to copy, or allow others to copy, our web pages or the content included herein. You also agree not to simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of, or places an unreasonable load on, our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses or other malware.
  4. Links to Third Party Sites; Third Party Information

    The Site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites") and may reproduce information and materials provided by third parties. TheWineArray cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites or provided by third parties. You acknowledge that use of any third-party site or is governed by the terms of use for those sites. Links to third-party sites do not constitute an endorsement or recommendation by TheWineArray of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of TheWIneArray and the third-party site may provide less security than this Site. We are not responsible for the use by third party sites of information you may provide to them. We are not responsible for the content of any third-party web sites or third party information reproduced on the Site, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites or in the third party information reproduced on the Site, and TheWineArray shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
  5. User Submissions

    You retain all of your ownership rights in and to your Submissions (defined below). However, by submitting reviews, ratings or other content to the Site (collectively, "Submissions"), you are also granting to TheWineArray a non-exclusive, royalty-free, worldwide license to use, display, reproduce, sublicense, transfer, modify and publish all or any portion of such Submissions in connection with the Site. TheWineArray shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by TheWineArray or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting TheWineArray’s responsibilities and obligations under its Privacy Policy.

    You may delete all or any part of your Submissions at any time using the tools provided by the Site and the license granted to TheWineArray shall terminate upon your deletion of such Submissions from the Site. Notwithstanding the foregoing, you understand and agree that once your Submission is distributed or posted on the Site, it may appear in the Submissions of other users or on third party sites and TheWineArray is under no obligation to delete such content or ask any other third party to delete such content and thus, it may continue to appear and be used indefinitely.
  6. Indemnification

    By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless TheWIneArray, and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Site, including reasonable attorneys’ fees.
  7. Termination

    You agree that TheWineArray may, with or without cause, immediately terminate your account on, and access to, the Site without prior notice and with or without cause. Without limiting the foregoing, the following will lead to a termination by TheWineArray of a user's use of the Site: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account termination), (d) unexpected technical issues or problems. Termination of your account includes removal of access to all offerings within the Site and may also bar you from further use of the Site. Furthermore, you agree that all terminations shall be made in TheWineArray’s sole discretion and that TheWineArray shall not be liable to you nor to any third-party for any termination of your account or your access to the Site.
  8. Copyright Violation; Unlawful or Indecent Material

    You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to TheWineArray all of the license rights therefor; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person. TheWineArray reserves the right to terminate the accounts of persons submitting any such material.
  9. Copyright Complaints

    We respect the intellectual property rights of others and users are prohibited from uploading, posting or otherwise transmitting on the Site or in connection with the Site any materials that violate another person’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to: copyrightnotice@thewinearray.com . Such notification must contain sufficient information for TheWIneArray to determine whether infringement has, in fact, occurred, without the necessity of extensive and burdensome inquiry.
  10. Prohibited Submissions

    As a complement to, and not in limitation of, the prohibitions set forth elsewhere in the Terms of Use, the following content is prohibited in submissions to the Site:

    Content that has as its sole or primary purpose to advertise a particular product or service. Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.

    Content that exploits children or minors or that discloses any personally identifying information beyond a first name about any person Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.

    Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.

    Content promoting or providing instructional information about illegal activities.

    Content depicting cruelty to animals.

    Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity). Content that violates any applicable laws or regulations not specifically referenced herein.
  11. Disclaimer of warranties

    None of TheWineArray, any of its affiliates, providers or clients or their respective officers, directors, employees, agents, independent contractors, licensors or licensees (collectively “TheWIneArray and its associated parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content of the Site and TheWIneArray disclaims liability for errors or omissions in such content.

    The Site and all of the content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of such content. TheWIneArray and its associated parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms of Use. This site may contain technical inaccuracies or typographical errors. Use of this site is at your own risk.
  12. Limitation of Liability
    Under no circumstances will TheWineArray or its affiliated parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or tort arising or relating in any way to the use or inability to use by any party of the Site, its content, or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TheWineArray or its affiliated parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. TheWineArray is not liable for any defamatory, offensive or illegal conduct of any other person, even in the event it is notified of such conduct. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that TheWineArray and its affiliated parties total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the monetary consideration actually paid to TheWineArray by the user for access to the Site.
  13. Changes to the Site
    TheWIneArray may discontinue or make changes in Site and its content at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and TheWIneArray and its associated parties do not undertake any obligation or responsibility to update or amend any such information. TheWIneArray reserves the right to terminate any or all site offerings or transmissions without prior notice to you.
  14. Changes to Terms of Use
    The Terms of Use may be modified at any time, and from time-to-time with or without notice to users of the Site.
  15. Choice of Law; Forum
    These Terms of Use shall be governed by, and construed under, the laws of the State of New York regardless of the forum in which tried and without regard to laws regarding choice of law . Any action brought to enforce these Terms of Use and any action brought against TheWineArray or any of its affiliates must be brought in a court in New York City, New York, the United States of America, whether brought in a federal, state or other forum.