AllWineSites GENERAL TERMS AND CONDITIONS OF USE
1. 1. General
A “AllWineSites” is an internet website (“Site”) that collects and displays Websites, blogs, web stores, suggestions, personal tips, recommendations, advice and feedback about wine, wine making products and services, and aims to help wine makers by promoting free trade and encouraging wise consumer purches.
B The site also serves as a website Index and allows Wine makers to display and advertise their business profile (“Advertisers”).
C Use of this site is governed by the Terms and Conditions of use, which comprise these General Terms and Conditions and the Privacy Policy found at http://AllWineSites.com/privacy-policy . These two documents should be read carefully and in their entirety before advancing to any of the pages or other areas of this site. If you have any questions regarding the Terms and Conditions, please contact us.
D The Terms and Conditions apply to all users, whether you are simply browsing this site or submitting content, participating in an interactive area of the site, or using the site in any other way.
E By using this site, you agree to all the Terms and Conditions. If any of the Terms and Conditions are unacceptable to you, please leave the site and refrain from using it in any way.
F If you are under 13 years of age, you may not use this site unless your parents or your legal guardian have read and approved these Terms and Conditions. If your parents or legal guardian have not read and approved them, please leave this site unless and until they do so. If you are a parent or guardian, please do not allow your minor to use this site unless he or she is at least 13 years of age and you have fully explained to him or her the meaning of these Terms and Conditions and are convinced that he or she has fully understood them and is responsible enough to abide by them.
G This site is operated at the internet address AllWineSites.com (“the Domain”). The Terms and Conditions apply to all pages and other areas of the site, operating under the said domain. The owner of the site (“AllWineSites”) may transfer or copy the site, in whole or in part, to any other domain and/or change the name of the site. The Terms and Conditions shall continue to apply whether the site is operated on this or another domain, and whether operated under the current name or any other name.
H “AllWineSites” may amend the Terms and Conditions at any time, without giving any prior notice to users. All amendments will come into effect and bind users once posted on this Site. Users are encouraged to check the Terms and Conditions frequently for amendments.
1. 2. Access
A “AllWineSites” grants you permission to use this Site for your personal, non-commercial use only, on the condition that you accept and abide by all the Terms and Conditions.
B Advertisers can upload a business profile on this site through the registration contract to be found on this site. Other users can post recommendations, advice and feedback about businesses, products and services under the terms of the recommendation system and these terms and conditions.
C Certain uses and access to certain parts of this Site may require creation of an account or receipt of a user name and/or password. All information supplied by you to obtain an account, user name or password must be true, full and accurate.
D All accounts, user names and passwords are personal. You may not transfer an account, user name or password or allow someone else to use your account, user name or password without AllWineSites written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of “AllWineSites”.
E You are responsible for all activity on you account. If you become aware of any unauthorized use of you account, user name or password, you should immediately notify “AllWineSites”. Such notification will not however render “AllWineSites” responsible for any unauthorized use, whether occurring before or after such notification.
F “AllWineSites” may refuse registration of any user at its complete discretion and may terminate your access to the Site, or any area of the Site, or an account, user name or password, at any time, at its complete discretion.
1. 3. Use of the Site
A No part of this site may be copied, reproduced, published, publicly performed or displayed, transmitted, communicated made available to the public, stored in any electronic retrieval system or distributed in any medium without the prior written consent of “AllWineSites”. Notwithstanding the following you may view this site for your own personal, non-commercial use on your personal computer.
B You may not: (i) alter, modify, reverse-engineer or amend any part of this site, other than by submitting User Content, under the rules set out in these Terms and Conditions; (ii) use this site or any information on or about other users obtained from this site to send any spam or other unauthorized or unsolicited commercial communications or publicity materials, spam, solicitations, chain-letters and the like; (iii) transmit to or by way of this site any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.
C You may not circumvent, disable or otherwise interfere with any technological measures used on this site, which are designed to prevent or restrict use of or access to any content or materials or any copying or distribution of content or materials, or to protect the privacy of users.
D Users agree not to operate or use any automated system or program, including any robot (“bot”), spider, crawler and the like, that sends user requests to the site in a quantity that exceeds the number of requests that a regular user would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or exceeds the number of requests that a reasonable user would send during the normal course of personal, non-commercial use of the site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this site or our servers solely for the purpose of indexing this site and its contents in the search engine.
E We permit links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. We reserve the right to revoke permission to any site to link to this site in our absolute discretion. We do not allow links to any site that promulgates, promotes or encourages illegal activity, acts of hate and violence or discrimination on the basis of race, religion, gender, sexual preference or age.
F “AllWineSites” provides links to certain sites on the web that are not owned or operated by “AllWineSites”. These links are provided as a service to our users, because we think those sites may be of interest to them. We do not endorse such sites or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.
G Use of forums, blogs, chats and other areas of this site allowing speech is granted on condition that you abide by the rules of these features. Comments that you make using these features will be regarded as User Content and will be governed by the rules applying to user Content as more fully set out in Section 5 hereunder.
1. 4. Intellectual Property Rights
A Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this site, including its source program and any and all texts, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials (“Materials”), other than the rights in User Content as defined below, are owned or licensed by “AllWineSites” and are protected by law, as well as under international treaties. All rights in such material are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. Materials on this site, including User Content, are provided for the personal, informative and non-commercial use of Users and may not be published, copied, reproduced, publicly performed or displayed, transmitted, or made available to the public, distributed, sold, licensed or otherwise exploited without the specific, written authorization of “AllWineSites” (in regard to all materials other than User Content) or the owner (in regard to User Content).
B The “AllWineSites” name, mark and logo are the property of “AllWineSites” and may not be used for any purpose without the prior written consent of “AllWineSites”.
C “AllWineSites” respects the copyrights and intellectual property rights of others and expects all Users to do so also, both in their use of this site in general and in the posting or uploading of User Content. If you believe that any Material on this site infringes on any copyright or other intellectual property right of yours please contact “AllWineSites” as more specifically laid out in Section 6 hereunder.
1. 5. User Content
A This site contains Content which is or has been submitted by Advertisers and other Users, including recommendations, advice and feedback about businesses, products and services, texts, photographs, videos, audio files, graphics, links and other materials (“User Content”).
B AllWineSites IS NOT RESPONSIBLE IN ANY MANNER FOR THE USER CONTENT. WE ALLOW THE POSTING AND UPLOADING OF USER CONTENT AS A SERVICE TO USERS FOR THEIR OWN, INDEPENDENT REVIEW, ASSESMENT, EVALUATION AND USE UNDER THESE TERMS AND CONDITIONS. WE DO NOT ENDORSE OR APPROVE ANY USER CONTENT OR ANY MATERIALS, CONTENTS MESSAGES OR STATEMENTS CONTAINED THEREIN, NEITHER DO WE ENDORSE OR RECOMMEND THE USE OF THE SERVICES OR THE GOODS OF ANY ADVERTISER ON THIS SITE. ALL USER CONTENT AND THE INFORMATION CONTAINED THEREIN ARE THE REPRESENTATIONS, IDEAS AND VIEWS OF THE ADVERTISER OR SUBMITTING USERS ONLY. IT MAY OR MAY NOT BE ACCURATE, CORRECT OR USEFUL. THE QUALIFICATIONS OF ANY SUBMITTING USER OR ADVERTISER CANNOT BE CHECKED OR VERIFIED BY AllWineSites. THERFORE ALL INFORMATION SHOULD BE INDEPENDENTLY REVIEWED AND EVALUATED BY YOU.
C Some of the User Content may be offensive to you, or considered by you to be profane, explicit, shocking or in bad taste. Please take this into consideration before viewing any Content. If you come across content that offends you, please contact us and refrain from reading, viewing or listening to such content.
D User Content may be submitted only under the Terms and Conditions contained herein. Users will be solely responsible for the User Content posted or uploaded by them and all materials contained therein, and for any legal or other results or consequences of such Materials.
E You should post or upload User Content only if you own all rights in all Materials contained therein or have received appropriate licenses for their incorporation and use for all purposes included in or contemplated by these Terms and Conditions, as well as written permission to depict and to use the name, picture, likeness and voice of any and all living or deceased persons appearing in the User Content.
F Users should retain copies of all Materials posted on the site. “AllWineSites” will not be responsible for any loss of Materials due to any malfunction of the site or due to any corruption of or removal of files.
G Users/ Advertisers may not post Materials of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds; (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness; (vi) contain nudity or pornographic, obscene or profane materials; (vii) contain trade secrets that belong to others; viii) are menacing, threatening or intimidating; (ix) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or “AllWineSites” ; (x) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause; (xi) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xii) contain any address or contact information of any person other than the User himself, unless the user has obtained the prior written consent of such person.
H Any recommendation, advice and feedback about businesses, products and services, posted by Users, must be honest and in a good faith. Users may not post recommendations of any type that promote or advertise any business or product related directly or indirectly to them or any person or business connected to them and /or to harm or insult any other person, business, product or service. Users may not post inaccurate information.
I “AllWineSites” reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by us to be in bad taste or contradictory to the policies and purposes of “AllWineSites”, or are the subject of a complaint by a third party, without any need for notice to the posting User. In case of gross or repeat infringements, we reserve the right to terminate the account of the User with no prior notice.
J Users shall retain all copyright and other intellectual property rights in User Content posted or uploaded by them. By uploading or posting any content to this site, a User grants “AllWineSites”, its licensees and affiliates a non-exclusive fully transferable license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public and distribute the User Content or any part of it on or through this site, or any affiliated site and in any and all other media, whether now known or hereafter invented, throughout the universe, in perpetuity.
K “AllWineSites” may at its complete discretion edit, alter, add to or detract from any User Content and create derivative works thereof. Users must recognize that due to the nature of the site, “AllWineSites” will not be required to grant and will not be liable for any omission of any credit in regard to User Content, including in cases where the credit was originally included in the User Content, but was deleted or omitted.
L Users may withdraw their own User Content from the site at any time, but such withdrawal shall not affect any license already granted to or by “AllWineSites” as a consequence of the posting or uploading. “AllWineSites” , its licensees and affiliates will continue to hold a license to exploit the User Content in any context, media and compilation and within any derivative work.
1. 6. Complaints of Infringement
A If you believe that any content on this Site infringes any intellectual property right or any other right of yours, or in any other manner harms you, please notify us so that we may review your complaint with a view to removing such content or disabling access thereto.
B All complaints should be sent in writing to: To be announced , email: info@AllWineSites.com , telephone: +972-54-4511614 fax: +972-3-5321055 and should give the following details:
(i) Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.
(ii) Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you, and in the case of a complaint referring to a copyright work or other Intellectual Property Right, identification of the work or works or other Intellectual Property Right; ii) a statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner; iii) a detailed statement identifying as fully as possible the allegedly infringing material and its location on this site.
(iii) Information reasonably sufficient to permit “AllWineSites” to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
C “AllWineSites” will review all complaints promptly but reserves the right to decide whether to act on such complaints.
D United States Users: If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site, including any User Content, infringes upon your copyright, you may submit a written notification to our Designated Agent under 17 U.S.C. Section 512(c) (3) (“the Digital Millennium Copyright Act” or “DMCA”) including the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted 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.
(iii) 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 “AllWineSites” to locate the material.
(iv) Information reasonably sufficient to permit “AllWineSites” to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
E Our Designated Agent for DMCA complaints under Section D above is
Name: Yoav Shalev
Email: yoav@syqel.com
Addess: Rachavat Ilan 8 #5b Givat Shmuel 54056 Israel
fax: +972-3-532-1055
F Under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
1. 7. Coupons and Sales
A “AllWineSites” may offer coupons and sales opportunities, subject to certain restrictions as stated regarding the coupons/sales. “AllWineSites” also allows Advertisers to offer certain coupons, sales or gifts. “AllWineSites” is not legally responsible or liable in any way for any goods or services provided by Advertisers whose coupons and/or sales and/or gifts are posted on the site, or from any damage or loss resulting from them.
1. Disclaimer of Warranty
A USE OF THIS SITE IS AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, AllWineSites, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USE THEREOF BY ANY USER.
B AllWineSites DOES NOT ENDORSE, WARRANT, RECOMMEND OR APPROVE OF ANY USER CONTENT ON THIS SITE AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THIS SITE, INCLUDING ANY USER CONTENT SUCH AS ANY RECOMMENDATION, ADVICE AND FEEDBACK ABOUT BUSINESS, PRODUCTS AND SERVICES. AllWineSites ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE, WHETHER TEMPORARY OR PERMANENT, OR ANY OTHER MALFUNCTION OF THE SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
