Terms of Services
This USER Agreement (the "Agreement") and the policies referred to herein contain
the complete terms and conditions that apply to your use of the wine recommendation
services (the "Services") being offered at the URL: http://www.WinePicks.com and
all affiliated web sites owned and operated solely by WinePicks (collectively, the
"WinePicks Site"). As used in this Agreement, "WinePicks" refers to WinePicks, Inc.
and any of its subsidiaries, and "USER" or "you" refers to you. USE OF THE SERVICES
AND THE WINEPICKS SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS
WinePicks may modify this Agreement's terms and conditions at any time without notice.
Continued use of the Services and the WinePicks Site after a change in this Agreement,
constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS
What we do
1. WinePicks provides the Services to USER for the purpose of assisting USER in
selecting wines for purchase through third party Vendors (each a "Vendor"). The
availability of a specific wine is determined at the time of USER's query, based
upon the information secured by Winepicks. Winepicks, however, cannot guarantee
the veracity of the information secured nor can it guarantee availability of any
3. USAGE GUIDELINES The Services are being offered to USER for USER's personal use.
WinePicks expressly reserves all its rights and remedies under applicable state
and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms
and conditions are prohibited. WinePicks reserves the right, in its sole discretion,
to refuse service, terminate accounts, remove or edit content.
4. EMAIL POLICY You may receive periodic emails from WinePicks if you opted to receive
such email at the time of registration with the WinePicks Site. If you would rather
not receive email from WinePicks, please send an email to unsubscribe@WinePicks.com
and you will be unsubscribed from receiving further mailings. In accordance with
5. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER The materials and services
provided for and depicted on the WinePicks Site are protected by copyright, trademark,
patent and other intellectual property laws. All text, graphics, video, data or
other content on the WinePicks Site ("WinePicks Content") is provided to USER by
WinePicks for the sole purpose of using the Services. USER shall not copy, display,
modify, create derivative works of, publish, or sell the WinePicks Content or any
information, software, or services provided by WinePicks hereunder. The WinePicks
Content may be modified from time to time by WinePicks in its sole discretion. Except
as expressly set forth herein, no license is granted to USER for any other purpose,
and any other use of the Services or the WinePicks Content by USER shall constitute
a material breach of this Agreement. Nothing in this Agreement shall affect any
rights of WinePicks or its licensors in the Services or WinePicks Content, and any
associated patents, trademarks, copyrights, mask work rights, trade secrets or other
intellectual property rights. No license, right or interest in any trademarks of
WinePicks or any third party is granted under this Agreement. Nothing in this Agreement
shall affect any rights of WinePicks or its licensors in the Services or WinePicks
Content, and any associated patents, trademarks, copyrights, mask work rights, trade
secrets or other intellectual property rights. No license, right or interest in
any trademarks of WinePicks or any third party is granted under this Agreement.
6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT At WinePicks’s invitation,
USER may submit reviews, comments, and ratings, send e-mails and other communications;
and submit suggestions, ideas, comments, questions, or other information for publication
and distribution, so long as the content is not illegal, threatening, obscene, racist,
defamatory, libelous, pornographic, infringing of intellectual property rights,
promoting of illegal activity or harm to groups and/or individuals, invasive of
privacy, purposely false or otherwise injurious to third parties or objectionable
and does not consist of or contain software, computer viruses, commercial solicitation,
political campaigning, chain letters, mass mailings, any form of "spam" or references
to illegal activity, malpractice, purposeful overcharging or false advertising.
You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. WinePicks reserves the right (but not the obligation)
to remove or edit such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant WinePicks
a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right
to use, modify, reproduce, adapt, translate, publish, create derivative works from,
distribute, and display such content throughout the world in any media. You represent
and warrant that you own or otherwise control all of the rights to the content that
you submit; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and that
you will indemnify WinePicks for all claims resulting from content you supply. WinePicks
has the right but not the obligation to monitor and edit or remove any activity
or content, including but not limited to content that violates the standards of
this website, as determined by WinePicks in its sole discretion. WinePicks takes
no responsibility and assumes no liability for any content submitted by you or any
7. ACCESS AND INTERFERENCE Much of the information on the WinePicks Site is updated
on a real time basis and is proprietary or licensed to WinePicks by its Vendors
or third parties. By using the WinePicks Site, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access
the WinePicks Site for any purpose without WinePicks’s express written permission.
- Take any action that imposes or may impose (in WinePicks’s sole discretion) an
unreasonable or disproportionately large load on our infrastructure.
- Implement any manual processes to monitor or copy WinePicks Content from the WinePicks
Site without express written permission.
- Utilize any device, software or routine that will interfere or attempt to interfere
with the functionality of the WinePicks Site.
including but not limited to: making, modifying or canceling reservations, may not
8. LIABILITY LIMITATIONS IN NO EVENT SHALL WINEPICKS BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR
IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE WINEPICKS SITE OR THE
WINEPICKS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE
USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE WINEPICKS SITE FOR
RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY VENDOR IN CONNECTION
WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT
ANY THIRD PARTY DIRECTING USERS TO THE WINEPICKS SITE BY REFERRAL, LINK OR ANY OTHER
MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED
TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WINEPICKS SITE OR
THE WINEPICKS CONTENT. WINEPICKS IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY
AFFILIATED VENDOR. ASIDE FROM THE SERVICES PROVIDED ON THE WINEPICKS SITE. WINEPICKS
IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT
OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT
TO AN AFFILIATED VENDOR.
11. DISCLAIMER OF WARRANTY THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED
IN OR ACCESSED ON THE WINEPICKS SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES
AND THE WINEPICKS CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT
WARRANTY OF ANY KIND. WINEPICKS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE SERVICES, THE WINEPICKS SITE, THE WINEPICKS CONTENT AND RELATED
MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
9. LINKS TO THIRD PARTY SITES The WinePicks Site may contain hypertext links to
Web sites operated by parties other than WinePicks. Such hypertext links are provided
for USER's reference only and WinePicks does not control such Web sites and is not
responsible for their content. WinePicks's inclusion of any hypertext links to such
Web sites does not imply any endorsement of the material on such Web sites or any
association with their operators.
10. SEVERABILITY If any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule of law, then, that
provision notwithstanding, this Agreement shall remain in full force and effect
and such provision or portion thereof shall be deemed omitted.
11. NO ASSIGNMENT This Agreement and the rights granted and obligations undertaken
hereunder may not be transferred, assigned or delegated in any manner by USER, but
may be so transferred, assigned or delegated by WinePicks.
12. WAIVER Any waiver of any provision of this Agreement, or a delay by any party
in the enforcement of any right hereunder, shall neither be construed as a continuing
waiver nor create an expectation of non-enforcement of that or any other provision
13. JURISDICTION This Agreement is made under and shall be governed by and construed
in accordance with the laws of State of Pennsylvania, U.S.A., without regard to
any choice of law provisions. The parties hereby consent to the jurisdiction of
the state and federal courts located in Allegheny County.