Terms & Conditions:

Eligibility

Membership in My-WineCellar (the “Service”) is void where prohibited. www.My-WineCellar.com (henceforth “Website”, or “My-WineCellar”) is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

No warranties

This Website is provided “as is” without any representations or warranties, express or implied.  My-WineCellar makes no representations or warranties in relation to this website or the information and materials provided on this Website. 

Without prejudice to the generality of the foregoing paragraph, My-WineCellar does not warrant that:

• this Website will be constantly available, or available at all; or
• the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, medical, or artistic matter you should consult an appropriate professional.

Limitations of liability

My-WineCellar will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

• for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if My-WineCellar has been expressly advised of the potential loss.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit My-WineCellar’s liability in respect of any:

• death or personal injury caused by My-WineCellar’s negligence;
• fraud or fraudulent misrepresentation on the part of My-WineCellar; or
• matter which it would be illegal or unlawful for My-WineCellar to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this Website.

Other parties

You accept that, as a limited liability entity, My-WineCellar has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against My-WineCellar’s officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect My-WineCellar’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as My-WineCellar.

User Conduct

You understand that except for advertising programs offered by us on the My-WineCellar website, the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Website to:

• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your associates, (ii) are taken by you or your associates, or (iii) are original art or animation created by you or your associates;
• register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for more than one user account on behalf of any group or entity, , or register for a  user account on behalf of any group or entity the you do not have the expressed authority to represent;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• intimidate or harass another;
• harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use automated scripts to collect information from or otherwise interact with the Service or the Website;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• use or attempt to use another's account, service or system without authorization from My-WineCellar, or create a false identity on the Service or the Website.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of My-WineCellar, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose My-WineCellar or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that My-WineCellar may, but is not obligated to, review the Website and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of My-WineCellar violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to My-WineCellar.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to My-WineCellar an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. My-WineCellar does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

External Links

External links are available throughout the My-WineCellar website, including, but not limited to the user profile areas.  My-WineCellar is not responsible indirectly or directly to the views, opinions and information available in such links. These website lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers. My-WineCellar is not responsible for the privacy practices or the content of those other websites.

Copyright

Copyright © 2008, My-WineCellar, LLC

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by My-WineCellar and its licensors.

Copyright license

My-WineCellar grants to you a worldwide non-exclusive royalty-free revocable license to:

• view this website and the material on this website on a computer or mobile device via a web browser;
• copy and store this website and the material on this website in your web browser cache memory; and
• print pages from this website for your own personal and non-commercial use.

My-WineCellar does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without My-WineCellar’s prior written permission.  

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to tellus@My-WineCellar.com

Enforcement of copyright

My-WineCellar takes the protection of its copyright very seriously.

If My-WineCellar discovers that you have used its copyright materials in contravention of the license above, My-WineCellar may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of My-WineCellar’s copyright materials that contravenes or may contravene the license above, please report this by email to tellus@My-WineCellar.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to tellus@My-WineCellar.com

Privacy

Your privacy is important to My-WineCellar.  This privacy statement provides information about the personal information that My-WineCellar collects, and the ways in which My-WineCellar uses that personal information.

Personal information collection

My-WineCellar may collect and use the following kinds of personal information:

• Information about your use of this Website (including but not limited to your session details, visited areas, details of uploaded photos, comments, messages, and any other information you provide explicitly or implicitly by use of the site);
• information that you provide using for the purpose of registering with the Website (including but not limited to your name, date of birth, e-mail address, phone number, zip code, and username);
• information about transactions carried out over the Website (including but not limited to information regarding the purchase of user accounts and additions to those or other accounts);
• information that you provide for the purpose of subscribing to the Website services (including but not limited to your user account settings and details); and
• any other information that you send to My-WineCellar or provide for others to via the Website.

Using personal information

My-WineCellar may use your personal information to:

• administer this Website;
• personalize the Website for you;
• enable your access to and use of the Website services;
• publish information about you on the Website;
• send to you products that you purchase;
• supply to you services that you purchase;
• send you statements and invoices;
• collect payments from you; and
• send you marketing communications.

Where My-WineCellar discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, My-WineCellar may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing of your data

My-WineCellar will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Some information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that My-WineCellar collects may be stored and processed in and transferred between any of the countries in which My-WineCellar operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

My-WineCellar may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

Other websites

This website contains links to other websites. 

My-WineCellar is not responsible for the privacy policies or practices of any third party.

Contact My-WineCellar

If you have any questions about this privacy policy or My-WineCellar treatment of your personal information, please write to:

• by email to tellus [at] My-WineCellar [dot] com

About cookies

Cookies are information packets sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server.  This enables web servers to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on our website

My-WineCellar uses the following cookies on this website, for the following purposes:

• A cookie is used to validate you access to the My-WineCellar web site.  Without allowing cookies, you will not be able to log-in, and thus not be able to utilize the web site in its intended form.

Refusing cookies

Most browsers allow you to refuse to accept cookies. 

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. 

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

Blocking cookies will have a negative impact upon the usability of the Website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer, copyright notice, privacy statement, cookies policy:

This website disclaimer, copyright notice, privacy statement and cookies policy are based on original templates created by website-contracts.co.uk and distributed by freenetlaw.com