Welcome to the Terms of Use for WineFolly.com. Users of our website (“Site”) are provided with a wide variety of information and services, including search capabilities, access to articles and content, the ability to submit comments, and shopping opportunities (collectively the “WineFolly Service”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of the WineFolly Service indicates your acceptance of the amended Terms of Use.
The terms “WineFolly” or “us” or “we” refers to the owner of the Site, Folly Enterprises. The term “you” refers to the user or viewer of our Site.
Limitations of Use
Your license for access and use of the WineFolly 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 WineFolly; 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 WineFolly, including but not limited to design elements and code, are subject to the same conditions.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise 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.
Links to Third Party Sites
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). WineFolly cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by WineFolly 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 WineFolly and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, 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, and WineFolly shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
Indemnification
By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless Folly Enterprises, 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 WineFolly Site.
Termination
You agree that WineFolly may, with or without cause, immediately terminate your WineFolly account and access to the WineFolly Service without prior notice. Without limiting the foregoing, the following will lead to a termination by WineFolly of a user’s use of the WineFolly Service (a) breaches or violations of this 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 deletions), (d) unexpected technical issues or problems. Termination of your WineFolly account includes removal of access to all offerings within the WineFolly Service and may also bar you from further use of the WineFolly Service. Furthermore, you agree that all terminations shall be made in WineFolly’s sole discretion and that WineFolly shall not be liable to you nor any third-party for any termination of your account or access to the WineFolly Service.
You further 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 WineFolly all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libellous, 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.
Public Comments and Forums
WineFolly may make such resources as online message and commentary boards, forums, blogs and personal profile pages available to users. Please remember that any such information that you may choose to provide in these areas becomes the property of WineFolly in accordance with our Terms and Conditions, and we may use such information in any way that we see fit. Such information also becomes accessible to the public. Consequently, you should exercise caution when you disclose your personal information via these areas of our Site, or upload material of any kind to the Site.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranties
None of WineFolly, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “WineFolly parties”) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and WineFolly disclaims liability for errors or omissions in the content.
This 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 the content. WineFolly 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 this agreement.
WineFolly may discontinue or make changes in the content and site 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 WineFolly parties do not undertake any obligation or responsibility to update or amend any such information. WineFolly reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.
Limitation of Liability
Under no circumstances will WineFolly 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 negligence arising or relating in any way to the use or inability to use by any party of the content, the site 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 WineFolly parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. WineFolly is not liable for any defamatory, offensive or illegal conduct of any user. 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 WineFolly parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.