This User Agreement is between you and the Sommelier Journal LLC (the “Journal”). Use of the Journal website, the intertWINEd network, and the Forum (collectively, the “Website”) signifies your agreement to the terms and conditions of use set forth in this User Agreement.
You have read and voluntarily enter into this User Agreement and understand its meaning, and acknowledge the receipt of valuable consideration and that this User Agreement expresses your entire understanding of the transaction between you and the Journal concerning the subject matter hereof.
If you are age 21 or younger, you are not authorized to submit any content or information to this Website without the explicit consent of your parent or legal guardian.
You agree to provide a valid e-mail address, which will serve as your login name. All messages from the Journal will be sent to the e-mail address you provide. The Journal is not responsible for any failure on your part to receive e-mail messages, including not checking your account regularly, messages being forwarded to the Junk folder, full e-mail boxes, and invalid accounts.
You agree to protect your username and password. You are responsible for any actions taken on the Website using your account, whether you are the actual person using it or not.
You agree that the Journal may monitor your use of the Website, and may use your membership information in aggregated form for marketing purposes. You understand and agree that the Journal may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Website users and the public.
The Journal reserves the right, at any time, to change, modify, add, or remove, at its sole discretion, any portion of the User Agreement, in whole or in part, and will use best efforts to post notification of such changes on the Website. The Journal further reserves the right, at any time, to change, modify, add, or remove, at its sole discretion, any portion of the Website, in whole or in part. The Journal may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
All content on the Website is the exclusive intellectual property of the Journal and the Journal retains all intellectual property rights, including copyright and trademark rights, thereto. Sommelier Journal, the Sommelier Journal logo, and intertWINEd are trademarks of the Journal and you agree not to display or use these trademarks in any manner without the Journal’s prior written permission. Anyone seeking to use, copy, reprint, or republish any content of the Website must receive the express written consent of the Journal. You agree to relinquish any copyrights or intellectual property rights to any material you post, upload, or otherwise cause to appear on the Website. Any information you post that is visible to the public (i.e., your public profile) may be used by the Journal in part or in its entirety, royalty-free, in perpetuity.
You agree that you will not: (i) use any software to monitor or copy any pages or content on the Website; (ii) take any actions that place an unreasonable demand on our servers and infrastructure; (iii) use the Website to distribute unauthorized messages or material, including, but not limited, to spam, solicitations, and chain mail; (iv) use the Website to distribute viruses or any other software that is designed to hinder the performance of software, hardware, or other systems; (v) send or post any material that is illegal, obscene, abusive, discriminatory, harassing, false, or otherwise hurtful or objectionable; (vi) send or post any material that you do not have the right to publicly expose, including copyrighted material, as well as any material covered under non-disclosure agreements or other binding contracts; (vii) link to illegally obtained materials or any materials that violate a copyright owner’s rights; (viii) use the Website to attempt to contact others or lure others to contact you under false pretenses, including falsifying your name, position, company, work history, education history, contact information, ownership of materials or knowledge, reason for requesting contact, identity, or any other false pretenses or impersonations; (ix) violate Forum rules, including those regarding spamming, trolling, flaming, off-topic posts and threads, links, and all other matters; (x) not to use the private message system to spam, harass, stalk, or otherwise abuse other Forum members; (xi) post any links, advertisements, solicitations, sales pitches, or any other materials that advance your own commercial interests; (xii) sign up for another account while temporarily or permanently banned; (xiii) purposely create and use multiple accounts to post on the Forum; (xiv) impersonate any other Forum members, moderators, administrators, or Journal staff.
Any user who believes any posted material is objectionable according to the above criteria should contact a moderator or administrator immediately through a private message, with a link to the objectionable material. The material will be reviewed and removed if necessary. This is a manual process and may take some time.
The Journal has the right to edit or remove any posts or threads it deems are in violation of Forum rules or this User Agreement without notice or explanation.
Limitations on Liability and Disclaimer of Warranties
The Website may contain links to and from other third-party sites, which links do not constitute an endorsement by the Journal of any of these third parties, their affiliates, or their websites.
The content and opinions of all posts, including those from moderators and administrators, reflect the views of the authors, not necessarily those of the Journal. Moderators and administrators will use best efforts to indicate when their posts are “official” content from the Journal. The Journal has the right to edit or remove any posts or threads it deems are in violation of its policies or this User Agreement without notice or explanation.
The Journal cannot guarantee the identity of members or the reliability of any content posted by members on intertWINEd. Any opinions or content posted by members reflect the opinions of those members and not necessarily those of the Journal.
This Website is provided “as is”. To the fullest extent permissible by law, the Journal makes no representations or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through the Website or linked sites. The Journal disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. The Journal does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. The Journal shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless the Journal, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website; ii) unauthorized access to or alteration of your communications with or through the Website; or iii) any other matter relating to the Website. Any business transactions which may arise between users from their use of the Website are the sole responsibility of the users involved.
You expressly understand and agree that the Journal shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
Only Sommelier Journal subscribers are eligible to use the intertWINEd network. Signing up for an online account without linking to your valid print subscription will not provide access to intertWINEd.
Only Sommelier Journal subscribers can view all current and past Sommelier Journal content online. Signing up for an online account without linking to your valid print subscription will not provide access to subscriber-only material.
If you are a subscriber, you agree that you will not disseminate subscriber-only content without the expressed written consent of the Journal. You agree not to give your account information to others to enable them to view subscriber-only content. The Journal reserves the right to terminate your subscription without prior notice and without a refund for the unused portion if it determines you are in violation of either of these provisions.
The Journal reserves the right to terminate your membership and subscription without prior notice and without a refund for the unused portion if it determines you are in violation of this User Agreement.
Violating this User Agreement or Forum rules may result in disciplinary action from the Journal. This may be in the form of a written warning delivered to your e-mail address, a temporary posting privileges ban, or a permanent posting privileges ban. You agree to abide by all disciplinary decisions made by the Journal.
Any member who believes another member has violated any of the terms of the User Agreement should report the situation to the Journal by e-mailing firstname.lastname@example.org. Include your name, the name of the member you believe to be in violation, and the material in violation. The Journal is the sole and ultimate authority on User Agreement violations.
If any provision of this Agreement is held by a court of competent jurisdiction or arbitration to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired.
You agree that this User Agreement is and will be binding upon you and your legal representatives, heirs, successors, and assigns.
This Agreement shall be governed by the laws of the State of Colorado except for conflict of laws principles.