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Wine-Searcher Terms of Use

These Terms of Use (“Terms”) govern your use of wine-searcher.com and all related websites, data, APIs, and software applications (together, the Wine-Searcher “Services”). These Terms together with the Wine-Searcher Privacy Policy, Cookies Policy, Acceptable Use Policy and Copyright Policy constitute a legally binding agreement ("Agreement") in relation to your use of the Services.

 

Acceptance of Terms.

By signing in, accessing data, or otherwise using the Services of Wine-Searcher, you are confirming that you have read and understood these Terms and are entering into a binding Agreement with Wine-Searcher, represent you are of legal age to enter into the agreement, and agree to be bound by the Terms. You agree not use the Wine-Searcher Services for any purpose that is fraudulent, illegal, discriminatory or in any way brings Wine-Searcher into disrepute. If your use of the Services breaches any of these terms, Wine-Searcher reserve the right to revoke your access without notice.  

 

Changes to Terms of Use.

Wine-Searcher operates in a changing regulatory and technological environment; accordingly Wine-Searcher may amend these Terms from time to time. Occasionally, Wine-Searcher may need to make urgent changes. Wine-Searcher reserves the right to amend these Terms at any time, and without notice. Continued use of the Services will constitute your acceptance of the revised Terms. The date of last modification is stated at the end of these Terms. 

 

Use of Wine-Searcher Services.

You agree that: 

All communications made by you through Wine-Searcher to Merchants shall be made in good faith; 

You may not damage, interfere with or harm Wine-Searcher Searches, or any network, or system underlying connected to it; 

You may not use a robot, spider, scraper or other unauthorized automated means to access the Services or information featured on it for any purpose;  

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Services in whole or in part; 

You may not copy, redistribute or display any part of Wine-Searcher's content which infringes intellectual property rights; 

You may no sell, rent, or sub-license any part of the Services or the content without express permission from Wine-Searcher; 

You will not provide your password to another person or use another person's email and password; 

You will not artificially increase ratings, reviews, counts by manipulating the Services using a script or automated process; 

You will not initiate unsolicited mass emails "spam" through the Contact Form of a Merchant's profile page on Wine-Searcher; 

You may not use a robot, spider, scraper or other unauthorized automated means to access the Services or information featured on it for any purpose. 

 

Your Account.

You are not obliged to register to use Wine-Searcher  Services. However, access to some features is only available to registered users or paid subscribers. When you register to use the Services, you will provide your name, email address, and will choose a password for your account. You are solely responsible for maintaining the confidentiality and security of your password, and you will remain responsible for all activity emanating from your account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you must notify Wine-Searcher in writing, and should change your password at the earliest possible opportunity. Wine-Searcher reserves the right to suspend or terminate your account without prior notice if activities occur on that account which, at Wine-Searcher's sole discretion, constitute a violation of these Terms or a violation of the rights of any third party, or of any applicable laws or regulations. Please note that your account is subject to usage limits with respect to the Acceptable Use Policy. Wine-Searcher may change the features of any type of account, may withdraw, or introduce new features or types of account at any time and for any reason.

 

Deleting an Account.

Deleting an account is a permanent action and removes all personal information at Wine-Searcher. If you are a Pro Version subscriber, deleting your account will cancel any paid subscription agreement before the end of its term and Wine-Searcher will be unable to offer a refund for any unexpired period of your subscription. Deleting an account with Wine-Searcher will NOT automatically cancel any recurring monthly purchase agreements you have with the Apple or Google app store.  

 

Pro Version Subscription.

Certain features of the Service are only available to registered users who subscribe to a paid account.

Your Pro Version account is activated upon successful payment and a confirmation invoice will be sent by email.

The subscription price includes any value added tax in countries or states where digital goods are taxable. Your IP address may be used to determine your home country tax rate. If an IP address is hidden by an anonymizer or proxy Wine-Searcher will assume a default tax rate of 20%.

Monthly subscriptions are renewed automatically. If you purchase a Pro Version subscription in an app, the terms and conditions of the app store through which you make the purchase (Apple app store or Google Play app store) will apply including the payment process, payment terms and cancellation process.  To cancel a recurring payment through an app store, you must contact the appropriate app store directly and follow their subscription cancellation process.  If you do not cancel you subscription prior to the commencement of a renewal period, you may be automatically charged for the next month. (Note. Deleting an account with Wine-Searcher will NOT automatically cancel any recurring monthly payment agreement you have with an app store). 

Annual subscriptions are NOT renewed automatically. To cancel an annual subscription you must send notice in writing to Wine-Searcher through the Contact Wine-Searcher form.  

If you cancel a subscription before the end of its term Wine-Searcher will be unable to offer a refund for any unexpired period of your subscription. 

Wine-Searcher may change the prices charged for its subscription(s) from time to time. Any increase in the price of a subscription will only take effect at any subsequent renewal.

 

User Content.

Users may post, upload, or make available images, ratings, reviews, notes, and feedback ("User Content"). You are solely responsible for all of your User Content. Wine-Searcher stores User Content for device synchronization. Your User Content must not be illegal or harmful to others in any way. You agree that Wine-Searcher may, but has no obligation to or assume any duty to monitor the content for anything that is inappropriate or that might infringe any third party rights, or has otherwise been uploaded in breach of the Terms or applicable law. Wine-Searcher reserves the right to remove User Content, suspend or terminate your access to the Services and/or pursue all legal remedies if Wine-Searcher believe that any User Content breaches or infringes another person's rights or violates any law, rule or regulation. Wine-Searcher does not promise to remove or disable access to any specific User Content and reserves the right to remove content at its sole discretion. User Content does not and will not create any liability on the part of Wine-Searcher. Wine-Searcher and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Services, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to the completeness, accuracy, currency or reliability of any information provided by the Services. By using the Services, you irrevocably waive the right to assert any claim against Wine-Searcher.

 

Grant of License.

By posting or uploading User Content to Wine-Searcher you grant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of and display the content. You also confirm that you have the right to grant this license without infringement of any third party's rights: copyrights, privacy rights, publicity rights, contract rights, or any other intellectual property rights.

 

Free Merchant Listing on Wine-Searcher.

To access Wine-Searcher you will first need to register your business. All product information, prices, or communications made through Wine-Searcher shall be made in good faith; All information provided to Wine-Searcher to list is accurate, complete, and current, including without limitation, your business legal name, address, contact information, and all product listings. You agree to the summarization of your business terms as determined solely by Wine-Searcher. You agree to participate in the Merchant Star Ratings community review function. Merchant star ratings will be revised from time to time at the sole discretion of Wine-Searcher. You agree that prices specified in your list for each product accurately reflect the prices at which a consumer may purchase the product from you. You agree that you are legally authorized to sell, advertise for sale, and distribute all products identified in the list in the designated territories and have all necessary permits, licenses, and legal authorizations to do so. You agree not to list products that are out-of-stock or that require sourcing from an uncertain supply chain. You warrant that you do not violate any rights of third parties, including but not limited to copyright, patent, trademark, trade secret, confidentiality or other proprietary rights; promote the use of illegal substances, pornography, expletives or inappropriate language; violate any applicable law or code of advertising standards; violate any applicable law, statute, or any rule of any network provider or of Apple, Inc., or Google, Inc. You agree that Wine-Searcher shall, at its sole discretion, upload lists from you using a web spider, crawler, data feed, or other data delivery format. You expressly acknowledge and agree that the Services provided by Wine-Searcher extend only to permitting you to publish a link. Wine-Searcher Services are provided on an "as is" basis. Wine-Searcher makes no representations or warranties of any kind, express or implied including that: Services will always be available, accessible, uninterrupted, timely, secure, or operate without error; Users will perform as expected with regard to results that may be obtained by use of the Services and the number of click-throughs on any link or any sales of products that a merchant may obtain; Listing data will be exhaustive with respect to all products sold by a merchant.

 

Sponsor Merchant Listing on Wine-Searcher.

Sponsorship is a paid upgrade from a Free Listing that includes, but without obligation or guarantee, a priority position for products in search results. Provision of this service is subject to an agreed sponsorship fee being paid in full. The term of this agreement will commence on the date a sponsorship payment is confirmed in full by Wine-Searcher. You agree that tracking of click-throughs (sponsorship metrics) will be determined solely by Wine-Searcher. You agree that Wine-Searcher shall have the right to charge a monthly fee and a pay-per-click fee calculated on sponsorship metrics. You shall not be entitled to a credit or refund, for any failure to de-duplicate or discount click-throughs in sponsorship metrics. Wine-Searcher reserves the right to adjust the fees at any time. New fees will take effect upon sponsorship renewal. You agree that the determination of calculation of sponsorship metrics are final and not subject to petition. You agree to pay to Wine-Searcher sponsorship fees which are exclusive of any applicable sales tax, value-added tax, or international transaction fees which may be charged in addition to the fees. For monthly sponsorship, you shall maintain a current sponsorship payment method on file with Wine-Searcher such as a credit card, debit card, bank account, or PayPal account. You hereby authorize Wine-Searcher to charge the fees to the payment method on each payment date. In the event that any payment method is declined, Wine-Searcher shall provide you with an email invoice that shall be immediately due and payable. 

 

Right to Remove Listings.

Wine-Searcher reserves the right to remove all or a portion of any collected list to ensure that the data is accurate and correct. Nothing contained in this agreement shall be construed as requiring Wine-Searcher to include all products offered for sale by a merchant. Wine-Searcher may suspend your access to the Services and/or terminate this agreement at any time if you are deemed to be in breach of the Terms or Policies. If you have a paid subscription or sponsorship and your account is suspended or terminated you will not be entitled to any refund for any unexpired period of your subscription.  Wine-Searcher reserves the right, without obligation, to continue to list a merchant’s data and to include links to the merchant’s website.

 

Advertising.

Wine-Searcher's acceptance of an advertisement for publication does not constitute an endorsement of the product or service advertised. No advertiser or agency may use Wine-Searcher's name or logo without prior written permission. The word "advertisement" will be placed above all advertisements that, in Wine-Searcher's opinion, resembles editorial matter. Wine-Searcher expressly reserves the right to cancel for any reason at any time any insertion order or advertisement. The advertiser warrants that the advertisement complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the advertisement will appear. The advertiser also warrants that the advertisement: does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any copyright, trade mark or other personal or proprietary right of any person or render Wine-Searcher liable to any proceedings whatsoever, and complies with all applicable state and federal laws of the USA and including regulations, and industry codes for alcohol. Advertising agency and advertiser each represents and warrants that the advertisement submitted by it for publication contains no copy, illustrations, photographs, text or other content that may result in any claim against Wine-Searcher. Advertising agency and advertiser each shall indemnify and hold harmless Wine-Searcher from and against any damages and related expenses (including attorneys' fees) arising from the content of advertisements, including, but not limited to, claims of invasion of privacy, unauthorized use of names or pictures of living persons, trademark infringement, copyright infringement, libel and misrepresentation. Wine-Searcher is not liable for any failure or delay in publishing on the websites any advertisement submitted to it. 

 

Wine-Searcher does not guarantee positioning of advertisements on the websites, and is not liable for failure to meet positioning requirements. The liability of Wine-Searcher for any act, error or omission for which it may be held legally responsible shall not exceed the cost of the advertising space affected by the error. In no event shall Wine-Searcher be liable for any indirect, consequential, special or incidental damages, including, but not limited to lost income or profits. An advertising agency on behalf of an advertiser warrants that it is authorised by the advertiser to place the advertisement. Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising on Wine-Searcher. Agency commission is 15% of gross advertising space charges, payable only to recognized agents. Payment for each insertion must be made prior to the insertion date. Where Wine-Searcher, at its discretion, agrees to allow credit to an advertising agency or advertiser payment in respect of advertisements payment is due within 30 working days of the date shown on the invoice. Wine-Searcher reserves the right to suspend insertion of advertisements where payment is in arrears. Wine-Searcher reserves the right to change rates and conditions of advertising without notice.

 

Abstract Data.

To the extent permitted by Wine-Searcher's privacy policy and any restrictions imposed by applicable law, Wine-Searcher reserves the right to track user interactions with the Services (“User Data”), and de-identify data to create aggregated, anonymous reports (“Abstract Data”) eg. the 'Top 100 Most Popular Wines List, and share such Abstract Data with third parties. You agree that all rights, title and interest in the Abstract Data shall remain the exclusive property of Wine-Searcher, including all intellectual property rights. All rights not expressly granted by Wine-Searcher are reserved.

 

API and Data.

APIs and Data are provided to you on an 'as is' and 'where is’,  non-exclusive, basis. Wine-Searcher does not warrant that it will satisfy your requirements, will be uninterrupted, be without defect or error, or that operation thereof will provide any particular level of functionality or performance. You are solely responsible for your use of API and Data and it is at your own discretion and risk.  You will be solely responsible for any damage that results from the use of any API, including, but not limited to, any damage to your computer system or loss of data. You understand that Wine-Searcher monitors usage, and may terminate your license if misuse is detected. You will grant Wine-Searcher direct access to any page on which Data is being displayed. If this requires a sign in/ password, you will provide this to Wine-Searcher free of charge. You understand and agree that programmatic methods intended to subvert Wine-Searcher usage monitoring is considered a violation of these Terms of Use.  You agree that you will hold us harmless against any damage, liability, or costs including damages for lost data or lost profits, that you incur as a result of a mistake or error in the Data. All Data is provided to you “As Is.” You use all such Data provided by Wine-Searcher at your sole risk and discretion. All rights not expressly granted are reserved and Wine-Searcher retains the right to terminate the Service at any time for any reason. You shall not: 

Sell, lease or sub-license Wine-Searcher Data; 

Use Wine-Searcher Data in a product or service that competes directly with offerings from Wine-Searcher;

Have any authority to assume or create any obligation for or on behalf of Wine-Searcher, express or implied. 

 

Third Party External Services.

Wine-Searcher Services may provide you with access to third party websites and applications (“External Services”) to make available content or features eg. critic scores. These may have their own terms and conditions of use and privacy policies. You understand and agree that Wine-Searcher does not endorse and is not responsible or liable for the behavior, features, or content of any External Services or for any transaction you may enter into with the provider. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of External Services, which you use at your own risk. 

 

Force Majeure.

Wine-Searcher has no liability for any lack of performance, unavailability or failure of the Services where the cause is reasonably beyond the control of Wine-Searcher.

 

Disclaimer of Warranties.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, APPS AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINE-SEARCHER MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES OR ANY PART THEREOF, ANY CONTENT, OR ANY LINKED OTHER EXTERNAL SERVICES. YOU USE THE WINE-SEARCHER SERVICES AT YOUR OWN RISK. NEITHER WINE-SEARCHER NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WINE-SEARCHER MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WINE-SEARCHER SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER ADVERTISING. YOU UNDERSTAND AND AGREE THAT WINE-SEARCHER IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. WINE-SEARCHER MAKES NO REPRESENTATION NOR DOES IT WARRANT THAT A PRODUCT LISTED IS IN STOCK, OR THAT THE PRICE OF A PRODUCT IS THE SAME AS THAT SHOWN ON WINE-SEARCHER. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY WINE-SEARCHER EXTEND ONLY TO PERMITTING YOU TO FIND PRODUCT(S) USING THE SERVICES.

 

Limitation of Liability.

YOU AGREE THAT, TO THE FULL EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH WINE-SEARCHER SERVICES IS TO UNINSTALL ANY WINE-SEARCHER SOFTWARE AND TO STOP USING THE SERVICE. WINE-SEARCHER AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM: YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES; ANY CHANGES THAT WINE-SEARCHER MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY SUSPENSION OR BLOCKING OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL COUNTRIES, STATES, TERRITORIES; ANY INACCURACY OR DEFECT IN ANY CONTENT IN THE SERVICES; ANY LOSS OF BUSINESS, OR PROFITS, WHETHER DIRECT OR INDIRECT IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE WINE-SEARCHER SERVICES.

 

Term and Termination.

This Agreement will continue to apply until terminated by either you or Wine-Searcher. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including My Ratings and Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreement. You may terminate this Agreement at any time by sending notice in writing to Wine-Searcher, through the Contact Wine-Searcher form and thereafter ceasing to use the Services. Wine-Searcher may, at its discretion, terminate or suspend access to Services at any time without notice. If you have a Subscription, and terminate this Agreement before the end of such subscription, Wine-Searcher will be unable to offer any refund for any unexpired period of your Subscription.

 

Assignment.

These Terms are not intended to give rights to anyone except you and Wine-Searcher. Wine-Searcher may assign the Agreement or any part of it, and Wine-Searcher may delegate any of its obligations under the Agreement. You may not assign the Agreement or any part of it, nor transfer or sub-license your rights under the Agreement, to any third party.

 

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify and hold Wine-Searcher harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: your breach of this Agreement; any activity in which you engage on or through Wine-Searcher Services; and your violation of any law or the rights of a third party.

 

Resolution of Disputes.

As Wine-Searcher is not a party to any sale or transaction between a merchant and a user, you agree not to involve, or attempt to involve, Wine-Searcher in any dispute or in the resolution of disputes that arise between merchant and user as a result of the Services provided. If a user purchases from via a listing on Wine-Searcher, the transaction remains entirely between the you and the user, and Wine-Searcher bears no responsibility for, and in no way participates in, such transaction and is not responsible or liable for any damages that you may incur as a result thereof. Wine-Searcher cannot take responsibility for failed or dissatisfactory transactions. If a dispute arises between one or more participants, you agree to release Wine-Searcher (and their respective employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.  In no event shall Wine-Searcher be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature whatsoever, including lost profits or revenues, or harm to business. In no event shall Wine-Searcher's liability under this agreement, whether in contract or other legal theory, be greater than the total fees paid by the merchant to Wine-Searcher in the thirty (30) days prior to the date on which any such claim arose. Wine-Searcher will have no liability with regard to any defect or failure of any system used to track click-through data.

 

Entire Agreement.

These Terms together with Wine-Searcher’s  Privacy Policy, Cookies Policy, and Acceptable Use Policy constitute the entire Agreement between you and Wine-Searcher with respect to your use of the Services and supersede any prior Agreement between you and Wine-Searcher. Any modifications to this Agreement must be made in writing.

 

Governing Law and Jurisdiction.

Wine-Searcher is a New Zealand company and these Terms shall be governed and construed in accordance with the laws of New Zealand. The parties irrevocably agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of New Zealand courts.

 

Last Amended: 27 November 2018

 

If you have any questions please contact Wine-Searcher.
Wine-Searcher Ltd
PO Box 15710
New Lynn
Auckland 0640
New Zealand

 

© 2018 Wine-Searcher™ All rights reserved.

47期码报资料