Terms of Service
Terms of Service
By accessing AmericanWineryGuide.com, you accept and agree to be bound by the site’s Terms of Service. AmericanWineryGuide.com reserves the right to modify or amend the Terms of Service at any time without prior notice.
- User: anyone who accesses the Site in a manual or automated process.
- Site: all pages and data associated with the domain www.AmericanWineryGuide.com.
- Services: all functionality provided to Users by the Site.
- Content: all data, information and images associated with the Site. Content includes AmericanWineryGuide.com Content, User Content and Third Party Content. User Content includes information submitted by AmericanWineryGuide.com users such reviews, photos, and information provided in your profile. User Content does not include personally identifiable information that you submit when creating an account on the Site Third Party Content includes all Content that does not originate from AmericanWineryGuide.com or AmericanWineryGuide.com Users. Site Content includes all Content made available on the Site.
- Personal Account: an account for your personal, non-commercial use which may be used to submit reviews, messages, photographs and other types of User Content. Creating a Personal Account with complete and accurate information about yourself is highly encouraged, but you may also withold information that would make you personally identifiable. Only one account per person is allowed and you may not impersonate another person.
- Business Account: an account for use by a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the respective business, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
In consideration of your use of AmericanWineryGuide.com’s services, you must be at least 21 years old. In addition, you may not use the Services or accept the Terms of Service if
- you are not of legal age to form a binding contract, or
- you are prohibited by law from receiving or using the Services.
By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Service.
AmericanWineryGuide.com grants you a limited, nonsublicensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following:
- you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use;
- you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof;
- any displays or printouts of Site Content must be marked "(c) 2012, AmericanWineryGuide.com, All rights reserved.";
- you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content;
- you may not use any data mining, robots or similar data gathering or extraction methods;
- may not use the Site or the Site Content other than for its intended purpose; and
- you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of AmericanWineryGuide.com is strictly prohibited and will terminate the license granted herein.
Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify AmericanWineryGuide.com against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
To access all of AmericanWineryGuide.com’s capabilities, you are encouraged to create either a personal or business owner account. You are solely responsible for maintaining the confidentiality of your password and are solely responsible for all activities that occur in connection with your account. You agree to notify AmericanWineryGuide.com immediately of any unauthorized use of your account. AmericanWineryGuide.com reserves the right to close your account at any time for any or no reason.
You understand that all user-generated Content (reviews, photographs, etc.) whether in the form of text, photographs, graphics, and whether posted as private, shared or public Content is the sole responsibility of the person from whom such Content originated. AmericanWineryGuide.com does not control nor endorse user-generated Content posted on AmericanWineryGuide.com and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using AmericanWineryGuide.com, you may be exposed to Content that is offensive, indecent or objectionable. AmericanWineryGuide.com is not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via AmericanWineryGuide.com.
With regards to your use of AmericanWineryGuide.com, you agree to not:
- upload, post, email, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
- modify, adapt, appropriate, reproduce, distribute, create derivative works of, publicly display, sell, trade, or in any way exploit the Site and/or any of the site’s Content (other than Content posted by you);
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, or otherwise make available private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
- upload, post, email, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights;
- upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, except in those areas designated for such purpose;
- intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- "stalk" or otherwise harass another;
- upload, post, email, or otherwise make available Content that is unrelated to wine tourism and education.
- use the Site in a manner that creates the appearance of a conflict of interest, including including incentivizing individuals to provide reviews, trading reviews with other business owners, creating negative reviews of competitors' business, and writing or soliciting reviews for any purpose other than informing other users of your experience with the business;
- reverse engineer any portion of the Site;
- use any robot, spider, Site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;
- access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of winery reviews;
- reformat or frame any portion of the Site;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on AmericanWineryGuide.com's technology infrastructure; or
- attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Content Ownership & Copyright
Although AmericanWineryGuide.com has no obligation to screen or edit any Content posted to or distributed through the Site, AmericanWineryGuide.com reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. AmericanWineryGuide.com is under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once the it has been submitted to AmericanWineryGuide.com. AmericanWineryGuide.com shall have no duty to attribute authorship of Content to you and shall not be obligated to enforce any form of attribution by third parties.
By posting or distributing Content to or through AmericanWineryGuide.com, you hereby grant AmericanWineryGuide.com (i) a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and such Content throughout the world in any media, now known or hereafter devised; (ii) the right to use the name that you submit in connection with such content. AmericanWineryGuide.com does not guarantee any confidentiality with respect to your Content and has no obligation to store or provide you with copies of your content. AmericanWineryGuide.com and its licensees may display advertisements and other information adjacent to or included with your content. You agree that you are not entitled to any compensation for any such advertisements.
You are solely responsible for the Content that you make available through the site. You assume all risks associated with use of your content. You represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You may expose yourself to liability if your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your content.
You acknowledge, consent and agree that AmericanWineryGuide.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of AmericanWineryGuide.com, its users and the public.
AmericanWineryGuide.com provides members with free web space for their personal and business profiles which are comprised of text, hyperlinks and wine and travel-related pictures. Pictures are only saved for the purposes of display on AmericanWineryGuide.com. Members found using AmericanWineryGuide.com to store pictures for any other purpose will either be directed to remove the pictures or will have their account disabled. Members cannot assume that AmericanWineryGuide.com will preserve the quality or resolution of any picture uploaded to AmericanWineryGuide.com.
All text, images, marks, logos, aggregate user review ratings, and other Content (excluding User Content and Third Party Content) contained herein, including, without limitation, the AmericanWineryGuide.com logo and all designs, text, graphics, pictures, information, data, software and other files are the proprietary property of AmericanWineryGuide.com and are protected by U.S. and international copyright laws.
The AmericanWineryGuide.com logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of AmericanWineryGuide.com and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AmericanWineryGuide.com or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AmericanWineryGuide.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of AmericanWineryGuide.com. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of AmericanWineryGuide.com or any third party without the prior written permission of AmericanWineryGuide.com or such other party that may own such patent, trademark, copyright or other proprietary right(s).
You may not imply that any user-generated or third-party Content is in any way sponsored or endorsed by AmericanWineryGuide.com.
The failure of AmericanWineryGuide.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
Advertisements and Promotions
AmericanWineryGuide.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than AmericanWineryGuide.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. AmericanWineryGuide.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
This Web Site may contain hyperlinks to Web sites operated by parties other than AmericanWineryGuide.com and are provided for your reference only. AmericanWineryGuide.com does not control such Web sites and is not responsible for their contents. AmericanWineryGuide.com inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray AmericanWineryGuide.com or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. Further, you may not use or utilize framing techniques to enclose any AmericanWineryGuide.com proprietary information without AmericanWineryGuide.com’s express written consent.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY AMERICANWINERYGUIDE.COM, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AMERICANWINERYGUIDE.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, Content AND MATERIALS ON THE SITE. AMERICANWINERYGUIDE.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE Site OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE Site Content OR ANY PORTION THEREOF.
AMERICANWINERYGUIDE.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE AMERICANWINERYGUIDE.COM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE Site AND THE SERVICES SAFE, AMERICANWINERYGUIDE.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE Site OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
AMERICANWINERYGUIDE.COM MAKES NO GUARANTEE OF AVAILABILITY OF SERVICES AND RESERVE THE RIGHT TO CHANGE, WITHDRAW, SUSPEND, OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE OF THE AMERICANWINERYGUIDE.COM SERVICES.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST AMERICANWINERYGUIDE.COM ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE Content OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF Site CONTENT, OR ALLEGATIONS THAT AMERICANWINERYGUIDE.COM HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER AMERICANWINERYGUIDE.COM NOR ANY PARTIES PROVIDING Site Content SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Content OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY Site Content OR OTHER INFORMATION OBTAINED FROM AMERICANWINERYGUIDE.COM OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AMERICANWINERYGUIDE.COM 'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMERICANWINERYGUIDE.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE Site EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AMERICANWINERYGUIDE.COM FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
AmericanWineryGuide.com reserves the right to terminate or suspend your account or your ability to use the Site at AmericanWineryGuide.com's discretion, for any reason, and without notice or liability of any kind. Account Termination may include the deletion of your password and all related information, files and materials associated with your account and barring further use of the Site’s Services. You agree that AmericanWineryGuide.com shall not be liable to you or any third party for any termination of your account, or access to the Site, services and materials, including your Content.
Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by Wine Rapport Solutions, LLC (dba AmericanWineryGuide.com) and operated by Wine Rapport Solutions, LLC from its offices in Alexandria, VA. You and Wine Rapport Solutions, LLC explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Commonwealth of Virginia, without regard to its conflicts of law principles. You agree that all claims you may have against Wine Rapport Solutions, LLC arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Alexandria, VA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Alexandria, VA, you will be responsible for compliance with all local laws of such other jurisdiction.
Copyright Dispute Policy
AmericanWineryGuide.com has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of AmericanWineryGuide.com’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is AmericanWineryGuide.com’s policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those who AmericanWineryGuide.com determines to be repeat infringers.
- Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit AmericanWineryGuide.com to locate such Content on the Site;
- A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Please note that AmericanWineryGuide.com may, at its sole discretion, send a copy of such notices to third-parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that Content on the Site infringes your copyright.
- Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
- Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which AmericanWineryGuide.com is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Address for Designated Agent. Please contact AmericanWineryGuide.com's Designated Agent at the following address:
- James Finley
211 North Union St.
Alexandria, VA 22314
United States of America
- Phone: (571) 228-0373
- Email to: firstname.lastname@example.org
- James Finley