Last Updated: 27 December 2019
Welcome to the Internet sites of Wine Bounty LLC (“WineBounty.com”). WineBounty.com includes WineBounty.com, and other Internet sites affiliated with Wine Bounty LLC, (each a “WineBounty.com Site” or a “Site”). Each WineBounty.com Site is operated by Wine Bounty LLC, and its affiliates (collectively referred to herein as “we,” “us,” or “our”).
2. WHO MAY ACCESS THE WINEBOUNTY.COM SITE
As required by the Communications Decency Act of 1996, the WineBounty.com Site hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. WineBounty.com does not sponsor or endorse any of these companies or their services.
3. LIMITATIONS OF USE
Your access and use of the WineBounty.com Site and any information, materials, and documents therein are subject to the following restrictions and prohibitions on use:
- 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 WineBounty.com;
- 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 Site that are owned or licensed by WineBounty.com, including but not limited to design elements and code, are subject to the same conditions;
- You may not use manual or automated software, devices, or other processes to “crawl” or “spider” any web page contained in the Site;
- You may not “frame” or otherwise simulate the appearance or function of this Site;
- You may not 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; and
WineBounty.com reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.
4. LINKS TO THIRD PARTY SITES
5. THIRD PARTY CONTENT
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the WineBounty.com Site by third parties (including content derived from Third Party Sites) are those of the respective author(s) or distributor(s) and not of WineBounty.com. WineBounty.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WineBounty.com Site by anyone other than authorized WineBounty.com officers, directors, or employees acting in their official capacities.
6. INTELLECTUAL PROPERTY
The WineBounty.com Site contains material which is owned by or licensed to us, including but not limited to, the design, layout, look, appearance, and graphics on the Site. Reproduction of this material is prohibited without our prior written consent. The Site also contains trademarks, service marks, and trade names which are owned by WineBounty.com and may also contain brand and product names which are trademarks, service marks, or trade names which are owned by certain third parties. Unless authorized in writing, WineBounty.com’s trademarks may not be used by you in any manner that is contrary to law, is likely to cause confusion among customers, or may disparage WineBounty.com or the WineBounty.com Site.
7. COPYRIGHT NOTICES
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WineBounty.com’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the WTSO website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf (a “Copyright Infringement Notification”).
WineBounty.com’s Copyright Agent for Copyright Infringement Notifications can be reached at [email protected].
You agree to defend, indemnify, and hold harmless WineBounty.com and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors, and assigns (each a “Relevant Party”) against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys’ and other professional fees and disbursements, suffered, incurred by, or asserted against any Relevant Party, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with your:
- Use of this Site;
- Purchase or use of any services or products on the Site or linked to or from the Site, including Third Party Sites;
- Violation of any law or the rights of a third party.
WineBounty.com reserves the right, at WineBounty.com’s own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify a Relevant Party, and you agree to cooperate with WineBounty.com’s defense of these matters at no cost to WineBounty.com.
The foregoing obligations are hereinafter collectively referred to as “Indemnity Obligations.” Indemnity Obligations shall survive, for a period of five (5) years after your last use of the WineBounty.com Site. You agree to promptly tender any payments due to any Relevant Party under or in respect of the Indemnity Obligations within ten (10) business days following written demand by the Relevant Party.
9. DISCLAIMER OF WARRANTIES
ALTHOUGH WINEBOUNTY.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE WINEBOUNTY.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY, OR ANY USE OF INFORMATION ON THE WINEBOUNTY.COM SITE. WINEBOUNTY.COM DOES NOT WARRANT THAT YOUR USE OF THE WINEBOUNTY.COM SITE, OR THE OPERATION OR FUNCTION OF THE WINEBOUNTY.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE, OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE WINEBOUNTY.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WINEBOUNTY.COM AND THE RELEVANT PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINEBOUNTY.COM SITE. THE WINEBOUNTY.COM SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WINEBOUNTY.COM OR OTHER RELEVANT PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WINEBOUNTY.COM SITE, THE USE OR PERFORMANCE OF THE WINEBOUNTY.COM SITE, THE DELAY OR INABILITY TO USE THE WINEBOUNTY.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINEBOUNTY.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINEBOUNTY.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINEBOUNTY.COM OR ANY OTHER RELEVANT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Any dispute or claim relating in any way to your use of the WineBounty.com Site will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to [email protected]. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules. The AAA’s rules are available at www.adr.org. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by AAA. The arbitration shall be a confidential proceeding, closed to the general public. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions or, unless otherwise agreed by the parties, in person in Los Angeles County, California.
The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. The parties also agree that we may bring suit in court to enjoin infringement or other misuse of IP Rights.
If any portion of this arbitration provision, or the rules of the AAA, are determined by the arbitrator or by any court of competent jurisdiction to be unlawful, invalid, or unenforceable, such portions shall be severed or modified so that this arbitration provision may be enforced to the greatest extent permissible under the law.
12. APPLICABLE LAW
WineBounty.com will give you any necessary notices by posting them on the WineBounty.com Site. You agree to check the WineBounty.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the WineBounty.com Site.
Your use of the WineBounty.com Site is governed by the WineBounty.com Privacy Statement.
15. FORCE MAJEURE
- Any provision of any present or future law or regulation or order of the United States of America, or any state thereof;
- Any act or omission of a third party; or
- Any act of God, emergency condition, war, computer or telecommunications failure, or other circumstance beyond the control of WineBounty.com.
17. GENERAL PROVISIONS