VINO CRITIC TERMS AND CONDITIONS (“Terms”)

Welcome to Vino Critic! Thank you for visiting our site! By accessing, using, and continuing to use our site, you agree to be bound by these terms and conditions and any changes that we may make to these Terms. So please check back periodically to make certain nothing has changed. Remember, this is a legal contract between you (the “User”) and Vino Critic.

YOUR USE OF THE SITE CONTENT

REMEMBER WE OWN AND/OR CONTROL ALL WEB SITE CONTENT

All of the content on our site, including articles, photographs, images, illustrations, audio clips, video clips, podcasts, code, data, and anything else appearing on our site (“Content”) are either owned or controlled by Vino Critic or it’s partners. Legal protections such as copyright, trademark, patent, database, moral rights, and other intellectual property protections all apply.

Unfortunately, you cannot share, store, display or otherwise use the Content without express written permission. If you want to use any of the content for anything other than personal use, including educational purposes, you will need to ask us for permission, and can do so by emailing us at info@vinocritic.com.

NO COMMERCIAL OR PROMOTIONAL USE

Also, you cannot make any commercial or promotional use of the Content at any time. That means you cannot publish, broadcast, copy, transmit, reproduce, perform, create derivative works of, modify, delete or otherwise use or exploit the Content.

LINKING

You may find our content and Web Site so compelling that you wish to link to our Website. If so, here are the rules:

  • You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site;
  • You agree not to download or use images hosted on this Web Site on another web site, for any purpose;
  • You agree not to link to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

EMBEDDED VIDEO

The Web Site may provide the functionality for you to “embed” videos appearing on the page on other web sites or social sites (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such a page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. 

If you elect to embed video on a page, you agree as follows: 

(i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; 

(ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); 

(iii) the Embedded Video may be used as part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. 

You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Web Site Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.

TRADEMARKS

There are many trademarks, service marks, trade names, and logos on the site (“Trademarks”). Many are owned by Vino Critic, and some are owned by third parties. You cannot use any Trademark without the written permission of the owner of the Trademark. This includes any use that is likely to cause consumer confusion or in any manner disparages or discredits the owner of the trademark.

Links to third party web sites may appear on this Web Site (“Linked Sites“). We have no responsibility for, and disclaim any liability related to, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.

Links to Linked Sites do not constitute an endorsement or sponsorship by Vino Critic of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on thereon.

Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

RATING AND REVIEW CONTENT USE/LIMITED LICENSE REQUIREMENTS AND GUIDELINES

We are pleased to allow our ratings and reviews to be used by retailers, restaurants, distributors, importers, marketers, journalists, and bloggers writing about Vino Critic reviewed products, wineries and wine experiences. A limited license to use our product reviews, ratings, tasting notes, and other review content (“Review Content”). If you are a personal consumer, no license is granted to you to use the Review Content without the express written consent of Vino Critic. All uses, other than those specifically provided for herein, must be specifically approved in writing by Vino Critic by sending a detailed request to info@vinocritic.com.

In order to protect the integrity of the reviews, we do have some rules that must be followed. Your right to use any of our reviews is a limited, revocable and non-assignable right. Distribution or transferring of Vino Critic content and information is a violation of copyright law. We reserve the right to seek damages, legal fees and costs resulting from any violation of our terms of use.

The following terms must be adhered to or we may immediately revoke your license to use the Review Content:

  • Accurate Use: The permission we grant is specifically conditioned on your use of the Review Content and any accompanying citations in a complete and accurate fashion without modification, distortion or added content.
  • No Aggregation: Review Content, including without limitation, ratings, scores, reviews, tasting notes, or any other content, cannot be aggregated or otherwise compiled with any other information. Specifically, but in no manner in limitation, digital applications, data aggregator sites or media sites may not copy, display, modify, perform, prepare derivative works of, distribute, publish or commercialize, digitally or in print, any portion of Review Content, including without limitation, scores or tasting notes alone, without prior written permission from Vino Critic.
  • Rating Scores and Tasting Notes: You may not, under any circumstance, alter any Vino Critic rating scores or tasting notes. Neither may you associate any rating scores, tasting notes, or Review Content with any products, other than the specific product and vintage (where applicable) referred to in our specific review.
  • Attribution: You must provide prominent attribution to Vino Critic, including the use of Vino Critic’s logo in connection with your use of the Review Content.
  • Commercial User: As a Commercial User, you are entitled to the limited use of Vino Critic’s Review Content. Under this limited license you are permitted to cite Vino Critic’s Review Content related to wines, beers or spirits.
  • Journalist: As a Journalist, if you are writing about a specific product reviewed by Vino Critic, you may cite the rating score and review for that wine, beer or spirit, which must be accompanied by attribution to Vino Critic and include the tasting note, the taster’s initials and the issue date of publication. Links to Vino Critic should be embedded where possible.

We retain the right to use certain technologies to detect the use of specialized computer programs including, but not limited to, web robots, web wanderers, crawlers, scrapers, spiders or any other techniques designed to systematically download and/or copy our Review Content. The use of any of these programs or techniques is strictly prohibited, and constitutes material violations of this agreement.

We also reserve the right at any time and for any reason to withdraw approval and terminate the license granted to you hereunder. If we discover inaccurate, inappropriate, or improper misuse of our Review Content or a violation of these license terms, we reserve the right to pursue legal action to desist such use. If you believe a business or individual is inaccurately citing Vino Critic’s ratings and reviews, misusing them or violating our terms of use, please email info@vinocritic so we can review the situation. Promotional sales sheets and shelf talkers with Vino Critic’s ratings and reviews are available for printing and public display upon request.

CONTENT AND MATERIAL SUBMITTED TO SITE

USER INFORMATION

While using our site, you may be asked to submit user information. Rest assured we will only use such information as set forth in these Terms or on our site’s Privacy Policy.

SUBMISSIONS, COMMENTS, PHOTOS, CONTENT, REVIEWS, ETC.

Generally, we do not ask our users to submit information to our site. Please note that anything you submit to our site, such as photos, articles, creative works, suggestions, comments, responses, ideas, reviews, text, videos, audio, or any other content, may be used by us in any manner and will not be deemed to be confidential or secret.

With any submission you grant Vino Critic a royalty-free, unrestricted, worldwide, perpetual, irrevocable, assignable, and sublicensable license to use, copy, modify, reproduce, publish, translate, create derivative works from, and otherwise exploit your submission.

AVOID POSTING PRIVATE OR SENSITIVE INFORMATION

Remember, comments submitted to the Web Site may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, for a long time. Once posted you lose control. Be careful and selective about what you disclose about yourself and others. Avoid sensitive, embarrassing, proprietary or confidential information in your comments and submissions.

BE YOURSELF, DON’T BE RUDE, DON’T STEAL, OR OTHERWISE ACT BADLY

We want you to enjoy our site. Be respectful and engaging. Remember debating is not attacking.

We may, however, immediately suspend and terminate your access rights if you act poorly, in our sole discretion.  Here are some common rules of the road (but not an exhaustive list):

The Don’ts

  • Don’t impersonate anyone else
  • Don’t post obscene, defamatory, pornographic, abusive, or illegal material
  • Don’t threaten or abuse people
  • Don’t discriminate
  • Don’t SPAM
  • Don’t be rude or use disrespectful language
  • Don’t advertise any services or products or solicit any funds
  • Don’t incite violence or unlawful behavior
  • Don’t attempt to gain unauthorized access to other computer systems through the Web Site
  • Don’t engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site
  • Don’t use the Web Site or the services made available on or through the Web Site in any manner that could interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests
  • Don’t attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof

WE MAINTAIN OUR EDITORIAL CONTROL

EDITORIAL CONTROL

As an editorial publication, we value and closely guard our editorial independence and integrity. To that end, we reserve the right, but not the obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability.

WE DISCLAIM RESPONSIBILITY

We are not, however, responsible for any materials posted by our users.

WE RESERVE THE RIGHT TO REPORT

And, we always reserve the right, in our sole discretion, to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms, our policies or applicable law.

We respect the intellectual property of others and ask that all users of our Web Site do the same. If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

It is important to note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES

THE WEB SITE AND ALL SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND VINO CRITIC EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, PRECISION, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE).

WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY US “AS IS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED s MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT, SHALL VINO CRITIC OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “VINO CRITIC ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

IN NO EVENT SHALL VINO CRITIC ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF VINO CRITIC ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO VINO CRITIC FOR YOUR USE OF THE WEB SITE OR PURCHASE OF A SERVICE OR PRODUCT THROUGH THE WEB SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold Vino Critic and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

TERMINATION

In certain circumstances we may be required to terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time.

DISCLOSURES

If you are a California resident you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210. 

Our address is as follows: 

Vino Critic Inc., 

5720 N 279th Circle

Valley, NE 68064

MISCELLANEOUS

These Terms shall be governed by the laws of the State of Nebraska, United States of America and you agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Nebraska, United States of America to which you agree to the personal and exclusive jurisdiction of the courts located within Nebraska.

In the event we fail to exercise or enforce any of the Terms such failure shall not constitute a waiver of such right or provision.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Updated as of Jan 1, 2022