Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using the VinoTrac website, you signify your assent to these terms of use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of VinoTrac following the posting of any changes to these terms signifies your acceptance of the changes.

Content

You are responsible for your content. You are legally responsible for all information, data, text, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the services.

You grant VinoTrac a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the services. You agree not use the services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the services. You agree not to use the services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  • Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
  • Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
  • Except as otherwise expressly permitted by VinoTrac, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  • Virus, trojan horse, worms or other disruptive or harmful software or data; and
  • Any information or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

Third Party Content

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on VinoTrac by its users are those of the respective author(s) or distributor(s) and not of VinoTrac. VinoTrac neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on VinoTrac by anyone other than authorized VinoTrac employees acting in their official capacities.

Payment

For services offered on a payment or subscription basis, the following terms apply, unless VinoTrac notifies you otherwise in writing:

  • Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information.
  • You must pay with one of the following:
    • A valid credit card acceptable to VinoTrac;
    • A valid debit card acceptable to VinoTrac;
  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the services.
  • VinoTrac will automatically renew your monthly or annual services at the current rates, unless the services are cancelled or terminated under this Agreement.
  • All payment information is stored on a secure, encrypted server

Termination

VinoTrac may immediately and without notice terminate user accounts or suspend the services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the services and any outstanding payments will become due. Any termination of this Agreement shall not affect VinoTrac's rights to any payments due to it. VinoTrac may terminate a free account at any time.

Disclaimer of Warranties

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or VinoTrac in Alameda County exclusively in a state or federal court located in Alameda County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Alameda County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on VinoTrac, 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.

Limitation of Liability

In no event shall VinoTrac be liable for any indirect, punitive, incidental, special, or 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 VinoTrac.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if VinoTrac has been advised of the possibility of damages.