User Agreement

These terms and conditions, together with our Privacy Policy, govern your use of WineZap.com and other online information services operated or provided by WineZap.com ("WineZap"). By using these web sites and any emails or communications received from WineZap.com (collectively called the "Services"), you consent and agree to these terms and conditions.

Copyright

WineZap and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright © 1997-2003 by WineZap. Unless otherwise explicitly stated by WineZap, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of WineZap.

Claims of Copyright Infringement

If you believe that this site contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of the location on this site of the work that you claim infringes the copyrighted work;
  • Your contact information, including address, telephone number and email address;
  • A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the information submitted above is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Submit the information above to the following designated copyright agent: info@winezap.com

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

Correspondence received and Communication

WineZap reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to WineZap may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and WineZap.

You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through WineZap any information that (i) restricts or inhibits any other user from using or enjoying WineZap, (ii) in WineZap' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.

Disclaimer; No Warranty

WineZap makes no representations or warranties as to the accuracy of the Content. WineZap is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify WineZap of the error or omission; however, WineZap does not warrant that such error or omission will be corrected.
All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that WineZap has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.

You agree to indemnify, defend, and hold harmless WineZap and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising our of your use of the Services or any breach by you of these Terms and Conditions. WineZap reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related hereto without the written consent of WineZap.

WineZap shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. WineZap does not warrant that the Services will be uninterrupted, error free, or virus free; nor does WineZap make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. WineZap MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of WineZap shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.

External sites

WineZap is not responsible for the availability of, or the content located on or through, any external site referenced on its Services or in its communications. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from WineZap and its sites do not constitute an endorsement by WineZap of any third party products or services.

Modifications

WineZap may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. WineZap reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.

Acceptance; Miscellaneous

Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by WineZap. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and WineZap with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced with one (1) year after the claim or cause of action arises.

Choice of Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California without regard to conflicts of laws provisions. Exclusive jurisdiction for any action related to these Terms and Conditions shall be an appropriate state or federal court located in the state of California.

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