Terms of Use
These Terms of Use (the "Terms") apply to all use of services provided by and through VinoVoss ("VinoVoss," "we," "us," or "our"), including but not limited to the website, mobile application, data, APIs, and all content within (collectively, the "Services"). These Terms of Use, the Privacy Policy, the Cookie Policy, and the Content Policy together jointly constitute a legally binding agreement (the "Agreement") between VinoVoss and each and any individual accessing the Services ("Users", "you", or "your").By using or accessing the Services, you represent that (1) you have read, accepted, and agree to follow the Agreement jointly constituted by these Terms of Use, the Privacy Policy, the Cookie Policy, and the Content Policy; (2) the Agreement is a legally binding agreement between you and VinoVoss; and (3) you have the authority to enter into a legally binding contract.If you do not agree to these Terms and the Agreement in entirety, you may not use or access the Services.BY ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE OF LEGAL DRINKING AGE, WITHOUT RESTRICTION, IN THE JURISDICTION IN WHICH YOU RESIDE.If you are accessing VinoVoss Services on behalf of a company or organization, you represent and warrant that you are authorized to act on behalf of that company or organization and that these Terms of Use are binding on that company or organization.
Disclaimer
VinoVoss sells no wine. VinoVoss is an exclusively digital-based information directory, search engine, and recommendation platform.VINOVOSS DOES NOT ENGAGE IN ANY RETAILING, IMPORTING, EXPORTING, DISTRIBUTION, PRODUCTION, WAREHOUSING, OR ANY OTHER FORM OF SALES OR HANDLING, OF ALCOHOL.VinoVoss may provide links to external websites where wines may be purchased from unaffiliated third-party vendors. VinoVoss makes no guarantees or warranties regarding the accuracy or completeness of wine prices or availabilities, nor about the contents or security of external or third party websites or platforms, nor about any products advertised or purchased thereon.Users assume all risk and responsibility when following links to external platforms, including when making purchases of linked wines. Any and all disputes arising from interactions or transactions between Users and externally linked third parties are solely between the User and the third party.VinoVoss uses proprietary machine learning, artificial intelligence, and natural language processing architectures and algorithms that are under continuous review and modification. VinoVoss makes no guarantees, warranties, or representations of the accuracy or completeness of query results or other information or results provided under its Services. Errors may sometimes occur during system updates. By accessing VinoVoss and its Services, Users acknowledge and accept the possibility of system-generated inaccuracies, and assume all risk and responsibility for any and all decisions relating to wine, wine selections, and wine pairings, including purchasing decisions and other decisions with a fiduciary impact.
Registration
Registration is not required to access VinoVoss Services, but some features are available only to registered users. Registration includes account creation with an email and password, or connecting a third-party account, such as Google or Apple. By registering with VinoVoss, you represent that the email or connected third-party account is solely yours, and that any information associated with the registration, including but not limited to name and date of birth, are true and accurate. You are solely responsible for maintaining the confidentiality and security of your password or connected third-party account, and for all activity on your registered VinoVoss account. If your username or password is lost, stolen, or you suspect unauthorized access, notify VinoVoss in writing and change your password immediately.We reserve the right to suspend or terminate your account at any time without notification for reasons including but not limited to, violating these Terms, infringing on the rights or enjoyment of other users, or noncompliance with any laws or regulations. Account termination by VinoVoss or by User will result in permanent loss of access by User to all User account data. We reserve the right to retain anonymized data associated with terminated accounts, and non-anonymized data if required by law.
Prohibited Conduct
By accessing VinoVoss Services, you agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services or interfere with any other user's use and enjoyment.You may not create or use a false identity on the Services or impersonate any person or entity. You may not register a VinoVoss account with an email or connected account that does not belong solely to you. You may not access or use a VinoVoss account that is not yours, nor allow someone other than you to access and use your VinoVoss account. Sharing your password is not allowed.You may not attempt to interfere with, or gain unauthorized access to, any part of the Services, including but not limited to, any account, computer system, or network. You may not use any automated means to access the Services or collect information. You shall not develop or use any manual or automated software, devices, or other processes to scrape, access, download, duplicate, replicate, reproduce, or otherwise copy data, content, or information from the VinoVoss platform. You may not artificially inflate ratings, reviews, or counts through scripted, automated, or manual processes. Unsolicited mass messages or other forms of spam may not be sent or posted using, directly or indirectly, any VinoVoss Services or affiliated services.
User Content
By contributing content to the VinoVoss platform in the form of ratings, reviews, notes, and feedback (collectively, the "User Content"), you agree to assume sole responsibility for ensuring that any User Content that you post, upload, or transmit through VinoVoss Services is legal, relevant, original, free of copyright, appropriate, non-offensive, and true or in good faith. You acknowledge that VinoVoss has no obligation to screen User Content, and that all User Content is the sole responsibility of the user.BY SUBMITTING USER CONTENT TO VINOVOSS, YOU ACKNOWLEDGE YOU HAVE READ AND AGREE TO THE CONTENT POLICY.VinoVoss reserves the right to remove User Content at any time without notice, if it violates or is suspected of violating the Terms of Use. Any abuse of user content features to create spam, promote products, manipulate ratings, or engage in other unauthorized activities is strictly prohibited and may result in permanent account termination.
Copyright Protection
VinoVoss provides its Services in compliance with the copyright laws of the United States. If you own a copyrighted work and believe that your rights have been infringed by the material placed on the VinoVoss platform, you may inform our designated agent by sending a written infringement notice to info@vinovoss.com and providing the following information:
VinoVoss will address copyright infringement by taking an action it may deem appropriate in compliance with the copyright laws of the United States, including user content removal.- A signature of a person authorized to act on behalf of the owner of the applicable copyright;
- Identification of the allegedly infringed copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact you (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
- 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 the intellectual property right that is allegedly infringed.
Grant of License
When you post or upload User Content to VinoVoss, you grant VinoVoss an irrevocable license to use, copy, edit, reproduce, distribute, and display the User Content in whole or in part. This license is worldwide, non-exclusive, royalty-free, sub-licensable, and transferable. By posting or uploading User Content, you confirm that you have the right to grant this license and that the User Content does not infringe on any third party's intellectual property rights, including but not limited to, copyrights, privacy rights, publicity rights, or contract rights.
Disclaim of Warranty
VinoVoss Services and associated content are provided “as is” and “as available” without any promises, guarantees, representations, or warranties of any kind whatsoever. You understand and agree that VinoVoss does not guarantee the accuracy of its content or Services. Your use of VinoVoss Services is solely at your own risk. Neither VinoVoss nor its affiliates guarantee that the VinoVoss Services, software, platform, or application are free of malware or other harmful components. VinoVoss does not endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party on, by, or through VinoVoss Services or any linked or otherwise associated website, platform, Service, business, application, software, retailer, source, repository, or similar. VinoVoss does not guarantee that a listed product is in stock or offered at the price shown.
Limitation of Liability
VinoVoss and all its affiliates, subsidiaries, successors, assignees, employees, agents, directors, shareholders, officers, and similar, past and future, will not be liable for any loss or damage, direct or incidental, tangible or intangible, of any nature, including but not limited to, data, profit, production, business, costs, goods, services, or opportunities, that may arise in connection with the use of VinoVoss Services, changes to those Services, inability to access those Services, or inaccuracies, defects, or omissions in those Services or associated content. VinoVoss shall not be liable for any unauthorized access to or alteration of your transmissions or data. You agree to indemnify and hold VinoVoss and its affiliates harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your use of VinoVoss Services, your User Content, or your violation of these Terms.You agree that the only recourse, to the fullest extent allowed by law, to any problems or dissatisfaction you may have with VinoVoss or its Services, is to uninstall any VinoVoss software and stop using VinoVoss Services.
Force Majeure
VinoVoss shall not be held liable for any failure, delay, or lack of performance, or provision of Services where the cause is reasonably beyond the control of VinoVoss, including but not limited to natural disasters, electrical, internet, or telecommunication outage, sabotage, hacking attacks, and government restrictions.
Term and Termination
Your agreement to these Terms of Use commences upon your acceptance of these Terms, which is constituted by your use of VinoVoss and its Services. This agreement will remain in effect until terminated. You may terminate this agreement at any time by providing written notice to VinoVoss and discontinuing use of VinoVoss Services. If you have a subscription and terminate this agreement before the subscription period has ended, VinoVoss cannot guarantee a refund of any remaining portion of the subscription.VinoVoss may terminate or suspend access to its Services at any time and for any reason, without providing notice or justification. Your content license granted to VinoVoss is irrevocable and will continue in full force regardless of your account status or the termination of this agreement, and the provisions regarding Disclaimer of Warranties, Limitation of Liability, and Indemnification shall survive any such terminations.
Dispute Resolution
VinoVoss is not responsible for any disputes or issues that arise between you and third party merchants, advertisers, suppliers, or brands. VinoVoss is not a party to any sale or transaction between you and any third party featured, linked, listed, recommended, or otherwise indicated by VinoVoss Services or associated content. If you purchase from a merchant through a listing on VinoVoss, the transaction is solely between you and the merchant, and VinoVoss is not responsible for any damages incurred by either you or the merchant. VinoVoss is not responsible for any failed or unsatisfactory transactions. By using VinoVoss Services, you agree to release VinoVoss from any claims or damages of any kind arising from such disputes.Any dispute or claim not waived through agreement to these Terms of Use shall be resolved by binding arbitration and not by a court. Any such arbitration will be conducted by an arbitrator selected by VinoVoss, and will be final and binding, without option for further recourse. You hereby waive any rights to lawsuit or to trial by judge or jury.
Indemnification
You agree to protect and compensate VinoVoss, to the maximum extent allowed by law, from any losses, damages, or expenses, including but not limited to legal fees and associated costs, that may arise from your violation of these Terms of Use, your use of VinoVoss and its Services, or your infringement of any laws, regulations, or third party rights.
Assignment
VinoVoss has the right to transfer these Terms of Use and the agreement thereto, or any portion thereof, as well as delegate any of its responsibilities under these Terms of Use, without notification. You may not assign, transfer, or sublicense these Terms of Use, or the agreement thereto, or portion thereof, to any third party.
Third Party Services
VinoVoss Services may allow you to access services, information, content, or features provided by third parties, which are not under the control of VinoVoss. These external services have their own terms and conditions of use and their own privacy policies. You acknowledge that VinoVoss does not take responsibility for the actions, features, or content of any third party services, nor for any transaction you may conduct with an affiliated third party. It is your responsibility to review the third party terms of use, privacy policies, and other applicable terms governing use of those third party entities and to make any other inquiry you may deem necessary. Access and use of these third party entities is done solely at your own risk, and any issues or disputes arising from such are solely between you and the third party.
Advertising
VinoVoss does not endorse, warranty, review, or guarantee the accuracy or quality of any products, services, brands, companies, individuals, or messages advertised on our platform. Advertisers must obtain prior written permission to use the VinoVoss name or logo. VinoVoss reserves the right to cancel any advertisement at any time for any reason.Advertisers are solely responsible for ensuring that their advertisement complies with all relevant laws, regulations, and codes of practice, and does not contain any false, misleading, or libelous information or infringe upon any third party's rights. Any advertisement that could be mistaken for editorial content must be clearly labeled with the word "advertisement." The advertising agency and advertiser are jointly and severally liable for all advertising content and compliance, and must indemnify VinoVoss against any claims arising from the content of the advertisement, including claims of trademark infringement, copyright infringement, libel, misrepresentation, and any failure to comply with laws and regulations governing alcohol advertisements.The advertising agency that places an advertisement must have the authorization of the advertiser to do so. The agency and advertiser will be jointly and severally liable for payment of all invoices arising from advertising on VinoVoss. Payment for each placement must be made in advance of the placement date, unless VinoVoss has extended credit to the advertising agency or advertiser at its sole discretion. If payment is overdue, VinoVoss may suspend the insertion of advertisements. VinoVoss reserves the right to change advertising rates and conditions without notice.VinoVoss is not responsible for any delays or failures in publishing an advertisement. VinoVoss cannot guarantee the specific position of advertisements on its platforms and is not responsible for any failure to meet placement requirements. If VinoVoss is held legally responsible for any act, error, or omission, the liability will be limited to the cost of the advertising space affected. VinoVoss will not be liable for any indirect, special, consequential, or incidental damages, including but not limited to, lost profits, incurred costs, legal fees, time, or missed opportunity.
Abstract Data
VinoVoss may monitor and record user activity across its Services and platforms, and may use this information to perform anonymized aggregate reports ("Abstract Data"), such as lists of top search queries and popular products, and user behavior meta analysis. These Abstract Data may be shared or sold to third parties. By using VinoVoss Services, you acknowledge and accept that VinoVoss retains exclusive ownership of all rights, including intellectual property rights, of Abstract Data. Any rights over Abstract Data not specifically granted in these Terms of Use are nevertheless reserved by VinoVoss.
Governing Law
These Terms of Use shall be governed and construed in accordance with the laws of the United States of America and the state of Delaware. By using VinoVoss and its Services, you irrevocably waive your right to court proceedings in relation to any disputes that may arise between you and VinoVoss or its affiliates, and instead agree to binding arbitration, as outlined in the Dispute Resolution section of these Terms of Use, to the fullest extent allowed by governing law.
Changes to these Terms of Use
We may modify these Terms at any time without notice. It is your responsibility to regularly check these Terms for updates. The date of the most recent update will be displayed at the top of this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Contact Us
If you have any questions or concerns about this Policy or our privacy practices, please contact us at: info@vinovoss.comBy accessing or using VinoVoss, its Services, and associated content, you acknowledge and accept in entirety this Cookie Policy, the Terms of Use, the Privacy Policy, and the Content Policy.Updated: October 23, 2024