Wine Snitch is the owner and operator of the Winesnitch.com web site. Your use of the Winesnitch.com web site is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of Winesnitch.com shall be deemed to indicate your acceptance of all such terms and conditions.

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Wine Snitch.

Wine Snitch may refuse usage of our site and services to anyone at any time, in our sole discretion.

You agree not to manipulate or game the Winesnitch.com rating and ranking system; you agree to submit only wine ratings and reviews that accurately reflect your honest and true opinions. Wine Snitch reserves the right to edit or remove, at our sole discretion, ratings and reviews that appear to us to manipulate or game the integrity of the Winesnitch.com rating and ranking system.

PROPRIETARY RIGHTS NOTICES


All contents of Winesnitch.com are: Copyright 2005 Wine Snitch and/or Independent Providers of Content ("ICPs"). All rights reserved.

Ratings and reviews that are submitted to Winesnitch.com shall be owned exclusively and in perpetuity by Wine Snitch. Such exclusive ownership means that Wine Snitch, its subsidiaries and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted ratings and reviews in any form including print, digital format and any new media mean. Wine Snitch is under no obligation to give credit or pay any consideration to you for your ratings and reviews.

CONTENT

Wine Snitch, its principals, agents and affiliates are not responsible for the views and opinions posted on Winesnitch.com or licensed or owned publications (in print form, digital media or as yet invented media) in which this content may appear. Users of Winesnitch.com are solely responsible for their own views and opinions as protected by the First Amendment.

You acknowledge that: (i) Winesnitch.com contains ratings, rankings, reviews, information, communications, graphics, surveys, and other material and services (collectively "Content"); (ii) Such Content is provided by Wine Snitch and its affiliates and under license by ICPs and other users; (iii) At minimum, Wine Snitch owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) Wine Snitch permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.

Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. Wine Snitch does not pre-screen Content as a matter of policy: however Wine Snitch, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither Wine Snitch, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by Wine Snitch or its affiliates, or any ICP, with respect to Content on, or Content changes within, Winesnitch.com. You also agree and accept that as new products become available on or through Winesnitch.com, your use of these products is subject to this Agreement.

Winesnitch.com may automatically produce search results that reference or link to third-party sites. Wine Snitch has no control over these sites or the content within them. Wine Snitch can not guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Wine Snitch does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using Winesnitch.com to search for or link to another site, you agree and understand that you may not make any claim against Wine Snitch for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site

USAGE

You agree to use Winesnitch.com only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the Winesnitch.com or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by Wine Snitch to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of Winesnitch.com or another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose, or collect or harvest screen names of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; (10) intentionally or unintentionally violate the laws and regulations relating to the marketing, sale and distribution of alcoholic beverages or any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Winesnitch.com.

WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF WINESNITCH.COM IS AT YOUR SOLE RISK. WINESNITCH.COM AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL WINE SNITCH AND/OR ITS ICPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF WINESNITCH.COM OR WITH THE DELAY OR INABILITY TO USE WINESNITCH.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WINE SNITCH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WINE SNITCH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH WINESNITCH.COM, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Wine Snitch, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of Winesnitch.com. Wine Snitch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.

INFRINGEMENT NOTICE

Wine Snitch respects the intellectual property of others, and we ask our members to do the same. Wine Snitch may, in appropriate circumstances and at its discretion, terminate the memberships of users who infringe the intellectual property rights of others.