Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Wine Society, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
1. The Community Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify The Wine Society of any unauthorized uses of your account or any other breaches of security. The Wine Society will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Wine Society or otherwise.
3. User Content License
User contributions are licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) License. Without limiting any of those representations or warranties, The Wine Society has the right (though not the obligation) to, in the Society’s sole discretion (i) refuse or remove any content that, in the Society’s reasonable opinion, violates any Society policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Society’s sole discretion. The Wine Society will have no obligation to provide a refund of any amounts previously paid.
To be clear, you must not use data collected from the Website for any marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing), or to contact members directly, without consent.
4. Responsibility of Website Visitors
The Wine Society has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Wine Society does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Wine Society disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which The Wine Society Community links, and that link to any subdomain of thewinesociety.com. The Wine Society does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage outside The Wine Society Community, the Society does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Wine Society disclaims any responsibility for any harm resulting from your use of websites and webpages not related to The Wine Society’s Community.
6. Copyright Infringement
7. Intellectual Property
This Agreement does not transfer from The Wine Society to you any The Wine Society or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Wine Society. The Wine Society, thewinesociety.com, The Wine Society Community logo, and all other trademarks, service marks, graphics and logos used in connection with thewinesociety.com, or the Website are trademarks or registered trademarks of The Wine Society or The Wine Society’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Wine Society or third-party trademarks.
The Wine Society reserves the right to display attribution links such as ‘Powered by thewinesociety.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and The Wine Society Community toolbar may not be removed regardless of upgrades purchased.
The Wine Society reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Wine Society may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Wine Society may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Society Community account (if you have one), you may simply discontinue using the Website.
The discussion forum nature of the Website is such that individual posts are integral building blocks of public conversations, and removing posts can negatively affect the value of the site and the contributions of other members. For this reason, the content you post to the Website will remain on the site and will not be deleted except where individual posts are deemed to be inappropriate, in which case these posts can be dealt with on their individual merits. In certain circumstances it is possible to ‘anonymize’ the contributions of an individual member who wishes to leave the community, but The Wine Society does not warrant that all references to the user, their chosen username, and information and details they chose to provide, can be fully anonymized or removed.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
The Website is provided “as is”. The Wine Society and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Wine Society nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability
In no event will The Wine Society, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Wine Society under this agreement during the twelve (12) month period prior to the cause of action. The Wine Society shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You agree to indemnify and hold harmless The Wine Society, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Wine Society and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Wine Society, or by the posting by The Wine Society of a revised version.
This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
This document is CC-BY-SA. It was last updated July 6th, 2017.
Adapted from Discourse Terms of Service.
Originally adapted from the WordPress Terms of Service.