The Wine Experience (sm) Terms of Service

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The Wine Experience, Winexperience.com, WineExperience.com and WineExp.com and related sites
Terms of Service
Last Updated: November 3, 2011
1. Acceptance of Terms

WineExperience.com (Wineexp) and its associated sites ("Wineexp", Winexperience.com, "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time at: http://www.winexperience.com/termsofservice.aspx . Your use of the Service constitutes your acceptance of the TOS.

2. Service Description

WineExperience.com currently provides users with access to a rich collection of online resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Wineexp properties, shall be subject to these TOS. Wineexp may change, suspend or discontinue any aspect of the Service at any time. Wineexp may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. Wineexp also may offer other services from time to time, which are governed by different terms of services.

3. Age Limitations:

You understand and agree that Wineexp is created for adults 21 years of age or older and certify by your use of the site that you are, in fact, 21 years of age or older. If you are under 21 years old, please do not visit Wineexp.com or Winexperience.com

4. Radio Station Affiliates:

If you are an authorized representative of a radio station which currently broadcast The Wine Experience radio program as part of an existing and current contract between such station and Corkscrew Productions, LLC, you may be entitled to download and/or upload certain content for use by such station in accordance with station’s current contract. Except for these entitlements, you agree to all the terms in this TOS.

5. Links

The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. Wineexp may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Wineexp of any Other Site(s) or resources, or their content. Wineexp is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Wineexp of the Other Site.

Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, Wineexp content; (c) shall not imply that Wineexp is endorsing or sponsoring it or its products; (d) shall not present false information about Wineexp or its products or services; (e) shall not use Trademarks without the prior written permission from Wineexp; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.

6. Copyright; Trademark

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Service are protected by copyright and are owned or controlled by Wineexp or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from Wineexp, Winexperience.com or Corkscrew Productions, LLC or the copyright holder as identified on the Service. Under no circumstances may trademarked elements including "The Wine Experience" or "Grape Things" be used in any manner without written permission from Corkscrew Productions, LLC.

Winexperience.com, The Wine Experience, Grape Things, Pop the Cork and other service marks, trademarks and logos displayed on the Service (the "Wineexp Trademarks") are the property of Winexperience.com or its licensors. You agree not to display or use the Wineexp Trademarks in any manner.

Permission to use materials from the Service (the "Materials") is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.

Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by Wineexp.

7. Representations and Warranties

You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.

8. Registration and Privacy Policy

Registration may be required for the use of certain portions of the Service (e.g. member programs). Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any Wineexp registration agreement conflict with the terms of this TOS, the registration agreement shall control.

Registration data and certain other information about you are subject to our privacy policy. For more information, see our full privacy policy at: www.Winexperience.com/privacy.

9. Software

Any software that we make available for download from the Service and/or our servers (the "Software") is the copyrighted work of Wineexp, licensors or its suppliers. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

Any Software which is downloaded from the Service or Wineexp's servers for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

10. Copyrights and Copyright Agents

Wineexp has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wineexp's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Wineexp's copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:

Len Watson, EVP
Corkscrew Productions, LLC
4019 N. Greenview
Chicago, IL 60613
773 248 5100
len@corkscrewpro.com

11. Service Content and Information; Features

The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.

Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Service.

Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.

We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.

12. Email and other communication with you:

You have the option not to receive email commumications from us by checking the proper box(es) on your profile page. However, we may continue to send certain administrative emails including but not limited to the operation of the site and your interface with it.

13. Your Content

From time to time, Wineexp may permit you to upload information, advice, text, data, software, messages and other materials to the Service ("Your Content"). Your Content is your sole responsibility. This means that you, and not Wineexp, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. Wineexp cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.

In Your posting of content, you may include URL's and or DNS's of sites other than winexperience.com. In doing so, you agree that you will not include or link to any site which is in violation of any law or statute or that exhibits written content or graphics which would be considered pornographic in any manner as stated in point 7, above.

Wineexp does not claim ownership of Your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

You acknowledge that we, at our sole election, may or may not pre-screen Your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.

You acknowledge and agree that Wineexp may archive Your Content and may also disclose Your Content at any time and for any reason.

Since we may or may not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

14. Copyrighted Information:

You understand and agree that content of any kind that you post or otherwise display on Winexperience.com, including but not limited to words, phrases, information, images and graphics, is/are Your own and does/do not infringe in any way upon any copyright, trademark or other registration or recording which may, in any way, limit the use of such content worldwide. Do not post any graphics, drawings, depictions or photographs for which you do not have the proper permission and releases.

15. Contests: Wineexp and/or Winexperience.com may, from time to time operate or share in the operation of one or more contests. You understand and agree to the following contest rules:

1. There is no entry fee of any kind imposed by The Wine Experience and/or Corkscrew Productions, LLC and no purchase necessary to enter any of our contests or sweepstakes
2. You must be 21 years of age or older to enter
3. All entries become property of Corkscrew Productions, LLC
4. You agree that any content submitted by you to The Wine Experience and/or Corkscrew Productions, LLC and/or winexperience.com or any of its companion sites is the property of Corkscrew Productions, LLC and we may print it, quote from it or use it in any manner we see fit
5. Only one entry per email address. If we receive more than one email entry from the same email address for a given contest, we may, at our sole discretion, reject all entries from that address
6. You as an individual or your email address (the one used to enter) may not win a contest at The Wine Experience, winexperience.com or with Corkscrew Productions, LLC more than one time in any 30 day period
7. The Wine Experience and Corkscrew Productions, LLC shall be the final judge and authority with regard to winners. In the case of fact based contests, The Wine Experience and Corkscrew Productions, LLC shall determine what constitutes a "correct" answer. In the case of ties, the earliest time/date-stamped email shall win out. If there are two with identical time stamps, The Wine Experience and Corkscrew Productions, LLC will randomly pick a single winner from those tied entries
8. For a list of winners, check below on this page or send a self addressed stamped envelope to the address below
9. You may also contact us regarding contests at the same address
10. This same address may be used as an alternate means of entry. Entry must be by submitting the same information required by the contest in email form but handwritten (legibly) or typewritten on a piece of paper at least 3 inches by 5 inches and mailed in an envelope to the address shown below
11. All Sweepstakes and/or Contests are void where prohibited by law
12. Entries that include content that violates the rights of third parties (including, but not limited to, rights of copyright) will be disqualified. Participants grant The Wine Experience and/or Corkscrew Productions, LLC the right to use their names in advertising and promoting the contest without further compensation. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges. The Wine Experience and/or Corkscrew Productions, LLC reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this contest as solely determined by The Wine Experience and/or Corkscrew Productions, LLC. In the event the contest is compromised by tampering or other causes beyond the reasonable control of The Wine Experience and/or Corkscrew Productions, LLC which corrupts or impairs the administration, fairness, or proper operation of any of our sweepstakes or contests, The Wine Experience and/or Corkscrew Productions, LLC reserves the right in its sole discretion to suspend, modify, or terminate such sweepstakes or contest. The Wine Experience and/or Corkscrew Productions, LLC are not liable for lost, late, delayed, damaged, incomplete, misdirected entries, email, or transactions that are lost or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware, or software, whether originating with sender or The Wine Experience and/or Corkscrew Productions, LLC
13. For the purposes of entering The Wine Experience and/or Corkscrew Productions, LLC contests, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such email account.
14. Should the Contest be terminated prior to the stated expiration date, The Wine Experience and/or Corkscrew Productions, LLC reserves the right to award prizes bases on the entries received prior to the termination date.
15. Limitations of Liability: By entering any sweepstakes or contest offered by The Wine Experience and/or Corkscrew Productions, LLC, entrant agrees that all disputes, claims, and causes of action arising out of or in connection with the contest, or any prizes awarded , shall be resolved individually without resort to any form of class action; any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, but in no event attorney’s fees and under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than damages for actual out of pocket expenses
16. The Wine Experience and/or Corkscrew Productions, LLC may revise these rules from time to time without further notice
17. Make sure to review our privacy policy, which is also part of our contest rules.

We reserve the right to change contest rules without notice.

Contact us at:
Contests, The Wine Experience
Corkscrew Productions, LLC
4019 N. GreenviewChicago, IL 60613
len@corkscrewpro.com

14. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WINEEXP AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. WINEEXP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WINEEXP DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, WINEEXP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WINEEXP AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WINEEXP BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR WINEEXP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WINEEXP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

16. Indemnity

You agree to defend, indemnify and hold harmless Wineexp with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, Wineexp retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Wineexp herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without Wineexp's prior written approval.

You acknowledge that you are legally responsible for all content posted, submitted, supplied or otherwise provided to Wineexp and you indemnify Wineexp and hold Wineexp harmless from any and all damages which occur as a result of information or other content that you posted, submitted, supplied or otherwise provided to Wineexp. This includes your agreement to pay all reasonable legal fees which arise in defense of any part of Wineexp against any complaints, suits or other filings which result from information or other content posted, submitted, supplied or otherwise provided by you.

17. Governing Law

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

18. Jurisdiction and Venue

The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Illinois state courts in and for Cook County, Illinois and the Federal Courts in and for the Northeastern District of Illinois. The parties agree not to raise the defense of forum non conveniens.

19. Notices

Whenever, under the provisions of this TOS, you are required or permitted to give notice to Wineexp, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to Wineexp at the following address:

Corkscrew Productions, LLC
4019 N. Greenview
Chicago, IL 60613
Attn: General Manager

Whenever, under the provisions of this TOS, Wineexp is required or permitted to give notice to you, Wineexp may send an e-mail to the address provided by you when you registered with the Service. If you have not provided an accurate e-mail address or if you have not registered with the Service, Wineexp may, but is not obligated to, send a notice to you in any reasonable way.

20. Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

21. Violations

Please click here to report any violations of the Wineexp TOS.