WineMcGee.com

WineMcgee.com Terms of Usage Agreement

This Terms of Usage Agreement ("Agreement") sets forth the legally binding terms of use of the WineMcGee.com website ("WineMcGee Website"), provided by WineMcgee, LLC ("WineMcGee", or "we"). Any other features, content, or software offered by WineMcGee through the WineMcGee Website are also governed by these terms. By using the WineMcGee Website, you agree to be bound by this Agreement regardless of whether you are simply browsing the WineMcGee Website ("Visitor"), or if you are a registered Member ("Member"). You are only authorized to use the WineMcgee Website if you agree to be bound to and abide by this Agreement. If you do not agree to this Agreement, you must leave the WineMcGee Website and discontinue your use of WineMcGee services. All Members must read these terms and agree to be bound by this agreement during the Registration process.

1. Amendments and Modifications

WineMcgee may modify this Agreement from time to time without prior notice, and any changes to the Agreement are immediately effective upon posting the Agreement to the WineMcGee Website. You agree, and it is your responsibility, to review this Agreement regularly to ensure you are aware of any changes.

2. Privacy

Your privacy is very important to us. Use of the WineMcgee Website is also governed by our Privacy Policy, which is incorperated herein by reference. You agree to read the Privacy Policy and to use the information it contains to help make appropriate and informed decisions when using the WineMcGee Website.

3. Your Contributions, Content, and Information

"Content" is defined as any images, text, photos, audio, video or any other forms of communication or data provided by WineMcgee users. You own all Content you post, submit, or otherwise transmit on the WineMcGee Website ("Your Content") including, without limitation, comments, questions, answers, reviews, tastings, and messages. After providing Content to the WineMcgee Website, you retain all ownership rights. By posting or otherwise publishing or transmitting Content to the WineMcgee Website, you hereby grant WineMcGee a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly display, reproduce, distribute, and publish such Content. In providing Your Content through the WineMcGee Website, you represent and guarantee that you are authorized and have the right to provide such Content to WineMcgee and grant the license set forth in this section.

You are solely responsible for the Content that you provide to the WineMcgee Website. WineMcgee does not screen Content in advance and is not responsible for editing or monitoring Content provided by Visitors or Members. Content does not necessarily reflect the views or policies of WineMcgee, and WineMcgee makes absolutely no warranties as to the accuracy or reliability of Content. If at any time WineMcgee, at it's sole discretion, chooses to monitor the WineMcGee Website, WineMcgee still assumes no responsibility for the Content, and has no obligation to modify or remove any Content.

WineMcgee reserves the right, without obligation and at WineMcGee's sole discretion, to delete Content that fails to conform with this Agreement, may be illegal, abusive, disruptive, or violate the rights or safety of any person.

Since you are solely responsible for Your Content, it is important that you understand that you may expose yourself to liability by providing Your Content if you violate the rights of a third party, including but not limited to copyright, moral rights, misleading information, unlawful materials or information, illegal hate communication, trade secrets, trademarks, privacy, false information, pornography, exploitation, or the violation of any law.

4. Safety and Prohibited Activities

WineMcgee reserves the right to investigate and take appropriate legal action against anyone deemed to have violated any of the conditions set forth in this section, including termination of Member services and your right to use the WineMcGee Website.

a. You may not provide Content that is hateful, racist, threatening, pornographic, or violent.

b. You may not harrass, bully, or abuse any user.

c. You may not use the WineMcGee Website for commercial purposes without prior written agreement with WineMcgee. Acceptable commercial use includes business Member accounts ("Partner Accounts").

d. You may not provide knowingly false information.

e. You may not maliciously use, upload viruses, attempt to circumvent the security procedures, hack, or otherwise violate the stability, security, and privacy of the WineMcgee Website or users of the WineMcgee Website.

f. You may not use the WineMcGee Website for any unlawful activities.

g. You may not use the WineMcGee Website if you are under 21 years of age.

h. You may not unlawfully reverse engineer the WineMcGee Website.

i. You may not collect Content, information, programming code, wine data, or any other information available on the WineMcGee Website through automated means, such as robots, spiders, scrapers, or bots without our permission.

j. You may not send spam or otherwise post or transmit unsolicited commercial communications.

k. You may not login or access a Member account that does not belong to you.

l. You may not solicit for passwords or personal information for unlawful or commercial reasons.

5. Special Provisions Applicable to Partner Accounts

Wineries, BYOB restaurants, wine retailers, and other Wine industry members ("Industry Partners") can partner with WineMcGee to offer targeted marketing and advertisement in their local communities. To participate, Industry Partners must register for a Partner Account by completing the form on the registration page. Partner Accounts can then request to manage a specific business by completing a request form accessible from the business profile page ("Manage Business Request"). Once a Manage Business Request has been submitted, WineMcGee attemps to validate that the requesting individual actually is an authorized employee for this business. If approved, the Partner Account is considered to be an ("Authorized Partner Account") and is granted access to the business management tools within the WineMcGee Website. The following terms apply to Partner Accounts and Authorized Partner Accounts:

a. WineMcGee may deny a Manage Business Request for any reason.

b. By submitting a Manage Business Request, you warrant that you are an authorized representative for the business and have the legal authority to bind the business to this Agreement.

c. Authorized Partner Accounts are given the ability to purchase targeted marketing ("Business Marketing"), such as Featured Listings, Featured Wine Talk Comments, and Announcements. We do not guarantee the specific placement or positioning of Business Marketing within the WineMcGee Website. We do not guarantee the success of your Business Marketing, or the attention your Business Marketing will receive, including number of clicks, website referrals or purchases. You agree that we can use your Business Marketing for marketing or promotional puposes.

d. You will pay for all orders as specified in our Payment Terms, incorperated herein by reference.

6. Advertisements on the WineMcGee Website

WineMcGee offers Industry Partners the ability to purchase targeted marketing in their local community. It is the goal of WineMcGee to provide our users with relavent and valuable advertisements that do not crowd the screen or otherwise provide a negative experience. You understand that we may not always meet this goal. We also may not always identify paid services and business listings as such.

7. Copyright

WineMcGee respects the copyrights of others. You may not provide Content, modify, reproduce, or distribute any copyrighted or proprietay information, material, or trademarks for which you do not own the rights without first obtaining written approval from the owner of such rights. It is the policy of WineMcGee to terminate membership and discontinue providing services to any Member who repeatedly infringes upon the copyrights of others. WineMcGee also retains the right to discontinue providing access to part of all of the WineMcGee website for Members that have been found to infringe upon the copyrights of others, regardless of whether or not the Member has had repeat infringements.

Pursuant to the Digital Millennium Copyright Act, WineMcGee will promptly remove or disable access to material formally claimed to be infringing or otherwise determined by WineMcGee to be infringing based on the facts or circumstances available. WineMcGee may, at it's sole discretion, send a copy of such copyright dispute notices to third parties for review or publication, with your person information removed. WineMcGee does not tolerate false claims of copyright infringement. You may be subject to liability for any damages, including costs and attorney's fees, if you materially misrepresent that content on the WineMcGee website infringes on your copyright.

a. How to report claims of copyright infringement

If you are a copyright owner, or an authorized representative of the owner, and would like to report copyright infringement by a user on the WineMcGee Website, please send a written notification to WineMcGee's Designated Agent. The address of the Designated Agent can be found below. The notification must include the following information:

1. Your name, mailing address, telephone number, and, if available, your email address.

2. Identification of the copyright work claimed to have been infringed.

3. Identification of the content on the WineMcGee Website that you claim infringes on your copyright, and information sufficient to allow WineMcGee to locate such content, such as the applicable URLs

4. A statement that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Your physical or electronic signature.

b. How to Appeal Claims of Copyright Infringement

If you believe that your content was removed by mistake or misidentification, you may file a DMCA Counter Notification to WineMcGee's Designated Agent. The address of the Designated Agent can be found below. The notification must include the following information:

1. Your name, mailing address, telephone number, and, if available, your email address.

2. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which WineMcGee, LLC is located, and that you accept service of process from the person who provided notification under subsection the Digital Millennium Copyright Act Sec 512(c)(1)(C).

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

4. Your physical or electronic signature.

c. Contact Information for WineMcGee's Designated Agent

d. Copyright Notification Process

Upon receiving a notification of copyright infringement, WineMcgee will make every attempt to review the report quickly. If the report contains the neccessary information, WineMcgee will promptly remove or disable access to the content, and notify the user that is alledged to have infringed upon the copyright of others ("Subscriber"). If requested, we will also provide the initial notification to the Subscriber. Upon receipt of a complete Counter Notification, WineMcGee will promptly provide the person who provided the initial notification ("Submitter") with a copy of the Counter Notification. Within 10 to 14 days of receiving the Counter Notification, WineMcGee will replace the removed material, or cease disabling access to it, unless we first receive notice from the Submitter that such person has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on the WineMcGee Website.

8. Disputes

You are solely responsible for your communication and interactions with other Members on the WineMcGee Website. WineMcGee has no obligation to monitor disputes between Members, although WineMcGee does retaain the right to do so. If you have a dispute involving WineMcGee, you agree that any such dispute, claim, or cause of action ("Dispute") will be goverend by the laws of the State Of Illinois without regard to conflict of law provisions. You agree to personal jurisdiction of the courts located in Cook County, IL. If anyone brings a Dispute against WineMcGee related to your actions, you agree to indemnify and hold WineMcGee harmless from any and all expenses, damages, and losses, including reasonable legal fees, related to the Dispute.

9. Disclaimers and Limitations of Liability

WINEMCGEE IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WINEMCGEE TRIES TO KEEP THE WINEMCGEE WEBSITE SAFE, SECURE, BUG-FREE, AND AVAILABLE, BUT WE DO NOT GUARANTEE THAT THE WINEMCGEE WEBSITE WILL BE SAFE, SECURE, AVAILABLE, OR BUG-FREE. YOU USE THE WINEMCGEE WEBSITE AT YOUR OWN RISK. WINEMCGEE DOES NOT WARRANT OR GUARANTEE THE QUALITY, RELIABILITY, ACCURACY, AVAILABILITY AND SECURITY OF THE WINEMCGEE WEBSITE, OR CONTENT ON THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WINEMCGEE'S AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER ARRISING IN CONNECTION WITH THIS STATEMENT OR THE WINEMCGEE WEBSITE WILL AT ALL TIMES NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO WINEMCGEE DURING THE PAST TWELVE MONTHS. APPLICABLE LAW IN SOME STATES DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WINEMCGEE'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnity

You agree to indemnify and hold WineMcGee, its affiliates, subsidiaries, and their officers, presidents, partners, employees, and agents, harmless from any claim, action, loss, liability, demand, or expense, including reasonable legal fees (a) arising out of your use of the WineMcGee Website in violation of this Agreement; (b) arising from the violation of this agreement by a third party; (c) arising out of a violation of your warranties and responsibilities set forth in this Agreement; (d) arising in relation to any material or Content that you make available through the WineMcGee Website which imposes liability to WineMcGee.

11. Third Parties

The WineMcGee Website contains links to other websites, which WineMcGee does not control or endorse. Many of these links are provided by Member submissions. You agree that WineMcGee is not responsibile for the content available on websites that we do not own, and makes no guarentee related to the availability of such websites. Certain features or services on the WineMcGee website are provided by or licensed from third parties. These use of these features are goverened by the applicable third party terms of service. Google, Inc provides the mapping and directional functionality and integration with Gmail, and Yahoo provides integration with Yahoo Mail.

12. Other

1. If any portion of this Agreement is found to be unenforceable, the remaining portion remain in full force and effect.

2. This Agreement constitutes the entire agreement between you and WineMcGee regarding use of the WineMcGee Website, and supersedes any prior agreements.

3. The failure of WineMcGee to enforce or excersize any part of this Agreement shall not be deemed a waiver of such right or provision.

4. Any ammendment to this Agreement must be signed in writing by WineMcGee.

5. You may not transfer, assign or sublicense your rights or responsibilities under this Agreement without WineMcGee's prior written consent.

6. The section titles and formatting in this agreement are only for convenience and shall have no legal or contractual effect.

13. Termination

WineMcGee may terminate your account or discontinue providing all or part of the WineMcGee Website at WineMcGee's sole discretion, for any or no reason, with or without notice. Any termination or suspension may prevent you from accessing the WineMcGee Website, Your Content, or the content of others. You agree that WineMcGee has no liability of any kind related to a termination or suspension.

You may terminate this Agreement and close your account by sending an email to support@winemcgee.com with the subject "Terminate My Account" and providing your public username and email address associated with your account. Upon termination of this agreement, whether initated by WineMcGee or you, the following Sections will survive and continue in full force and effect: 3, 4, 5, 7, 8, 9, 10, 12, 13.

14. Attribution

Portions of the WineMcGee Website contain work under copyright from third parties. The date picker functionality is licensed under a Creative Commons Share-Alike 2.5 Generic License (http://creativecommons.org/licenses/by-sa/2.5/). This work was created by Brian McAllister (http://www.frequency-decoder.com/), and is called the Unobtrusive Date-Picker Widget. The functionality of the date/time pickers on the WineMcGee Website is a Remix or Derivative Work of the initial Unobtrusive Date-Picker Widget.

The Twitter image used to link to the WineMcGee Twitter profile is licensed from jmilles under a Creative Commons Share-Alike 2.0 Generic License.