Date of Last Revision: July 22nd, 2019
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (SRR) is our terms of service that governs our relationship with users and others who interact with Winetraveler, as well as Winetraveler brands, products and services. By using or accessing the Winetraveler Services, you agree to this Statement, as updated from time to time in accordance with Section “Other” below.
Because Winetraveler provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Sharing Your Content and Information
You own all of the content and information you post on Winetraveler, and you can control how it is shared through your settings. In addition:
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Winetraveler, to access and use that information, and to associate it with you (i.e., your name and profile).
- We always appreciate your feedback or other suggestions about Winetraveler, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to monitor Winetraveler, but we cannot guarantee it. We need your help to keep Winetraveler safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Winetraveler.
- You will not collect users’ content or information, or otherwise access Winetraveler, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Winetraveler to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Winetraveler, such as a denial of service attack or interference with page rendering or other Winetraveler functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Winetraveler users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Winetraveler, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your Winetraveler account primarily for your own commercial gain.
- You will not use Winetraveler if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a first and last name for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
All content on Winetraveler and its affiliated platforms is the property of Winetraveler, LLC and cannot be used without our explicit permission. Portions of content may be used or linked to with proper attribution to Winetraveler.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Winetraveler that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Winetraveler if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not tag users or send email invitations to non-users without their consent.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Winetraveler within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Winetraveler.
Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must inquire with Winetraveler to receive our platform policy.
- We reserve the right to make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- Your continued use of the Winetraveler Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Winetraveler to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- If anyone brings a claim against us related to your actions, content or information on Winetraveler, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Winetraveler and are not responsible for the content or information users transmit or share on Winetraveler. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Winetraveler. We are not responsible for the conduct, whether online or offline, of any user of Winetraveler.
- WE TRY TO KEEP WINETRAVELER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WINETRAVELER AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WINETRAVELER WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WINETRAVELER WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WINETRAVELER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Winetraveler outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- You will not use Winetraveler if you are prohibited from receiving products, services, or software originating from the United States.
- By “Winetraveler” or “Winetraveler Services” we mean the features and services we make available, including through (a) our website at www.Winetraveler.com and any other Winetraveler branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Facebook button, the Twitter button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Winetraveler reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Winetraveler or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Winetraveler.
- By “content” we mean anything you or other users post, provide or share using Winetraveler Services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Winetraveler or provide to Winetraveler through Platform.
- By “post” we mean post on Winetraveler or otherwise make available by using Winetraveler.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of the US or Canada, this Statement is an agreement between you and Winetraveler.
- This Statement makes up the entire agreement between the parties regarding Winetraveler, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Winetraveler.