WINE ENTHUSIAST TERMS AND CONDITIONS (“Terms”)
If you are accessing on behalf of a company, by using these services, you are representing to us that you have the right to bind that company to these Terms.
YOUR USE OF THE SITE CONTENT
REMEMBER WE OWN AND/OR CONTROL ALL WEB SITE CONTENT
All of the content on our Wine Enthusiast Website, including articles, photographs, images, illustrations, audio clips, video clips, podcasts, code, data, and anything else appearing on our Website (“Content”) are either owned or controlled by Wine Enthusiast. Legal protections such as copyright, trademark, patent, database, moral rights, and other intellectual property protections all apply.
You cannot share, store, display or otherwise use the Content without Wine Enthusiast’s 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 visiting our content licensing landing page or by emailing firstname.lastname@example.org.
For more specific information about use of Wine Enthusiast Ratings and Reviews, see section entitled “RATING AND REVIEW CONTENT USE/LIMITED LICENSE REQUIREMENTS AND GUIDELINES” below.
NO COMMERCIAL OR PROMOTIONAL USE WITHOUT WINE ENTHUSIAST EXPRESS WRITTEN PERMISSION
Also, you cannot make any commercial or promotional use of the Content at any time without express written permission. That means you cannot publish, broadcast, copy, transmit, reproduce, perform, create derivative works of, modify, delete or otherwise use or exploit the Content without an appropriate license.
You may find our Content and Website so compelling that you wish to link to our Website. If so, here are the rules:
- If you include a link from any other website to the Wine Enthusiast Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website;
- You are not permitted to link directly to any image hosted on the Website 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 Website on another website, 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.
There are many trademarks, service marks, tradenames, and logos on the Website (“Trademarks”). Many are owned by Wine Enthusiast, and some are owned by third parties. You cannot use any Trademark without the written permission of the owner of the Trademark. Written permission also is required which use is likely to cause consumer confusion. Under no circumstances will you permitted to use any Trademark which in any manner disparages or discredits the owner of the trademark. To obtain permission to use Wine Enthusiast trademarks, please submit a request and a representative will contact you to discuss options.
THIRD PARTY LINKS
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 Wine Enthusiast 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. We reserve the right to terminate any link or linking program at any time.
RATING AND REVIEW CONTENT USE/LIMITED LICENSE REQUIREMENTS AND GUIDELINES
We are pleased to allow our retailer, restauranteur, distributor, importer, marketer, or producer consumers engaged in the sale of products that are the subject of our reviews (“Commercial User”) and our journalist/blogger consumers writing about Wine Enthusiast reviewed products (“Journalist”) 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 Wine Enthusiast. All uses, other than those specifically provided for herein, must be specifically approved in writing by Wine Enthusiast by submitting a request HERE.
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 Wine Enthusiast.
- Rating Scores and Tasting Notes: You may not, under any circumstance, alter any Wine Enthusiast 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 Wine Enthusiast, including the use of Wine Enthusiast’s logo in connection with your use of the Review Content (click here to download our logo).
- Commercial User: As a Commercial User, you are entitled to the limited use of Wine Enthusiast’s Review Content, such use not to exceed 500 individual pieces of Review Content, whether used in digital or print. Commercial Users seeking to exceed the 500 use limit must obtain the express written consent of Wine Enthusiast.. Under this limited license you are permitted to cite Wine Enthusiast Review Content related to wines, beers or spirits published by Wine Enthusiast. In addition:
- A numeric rating or score or qualifier (i.e. Best Buy, Cellar Selection, Editors’ Choice) may be cited on its own, without the full corresponding review text.
- If you publish the tasting note, it must be reproduced wholly and accurately, including the taster’s initials.
- If a wine has been included on an annual “top” list of a year (i.e. Top 100 Best Buys, Top 100 Cellar Selections, The Enthusiast 100), you may note the wine’s ranking with proper attribution to the correct list name, including the list year (i.e. “of 2019”) and publication/issue date. Annual List Logos are available for use under a separate licensing agreement. Please submit your request HERE.
- An issue date of publication must be included alongside any review of a nonvintage product. Any digital reproductions should include an embedded link to the original Wine Enthusiast review as posted on www.wineenthusiast.com
- Journalist: As a Journalist, if you are writing about a specific product reviewed by Wine Enthusiast, you may cite the Wine Enthusiast rating score and review for that wine, beer or spirit, which must be accompanied by attribution to Wine Enthusiast and include the tasting note, the taster’s initials and the issue date of publication. Links to the Wine Enthusiast review on www.wineenthusiast.com should be embedded where possible.
- Commercial User or Journalist Repurpose of WineEnthusiast.com Articles[AS1] : If you would like to repurpose an article from www.wineenthusiast.com, you must adhere to the following rules:
- You must embed the Wine Enthusiast logo on your web page
- You must only include the first 100 words of a Wine Enthusiast article, which should then directly link to the Wine Enthusiast article page, with the verbiage “Read the full Wine Enthusiast article here.”
- No images or illustrations from Wine Enthusiast may be reprinted without advance permission.
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, constitutes material violations of this agreement and is grounds for immediate termination of your subscription and may expose you to damages for copyright infringement.
CONTENT AND MATERIAL SUBMITTED TO WEBSITE
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 by you to the Website represents and will be deemed to be a grant to Wine Enthusiast of a royalty-free, unrestricted, worldwide, perpetual, irrevocable, assignable, and sublicensable right and 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 Website 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):
- 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 Website
- 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 Website or the services offered on or through the Web Site
- Don’t use the Website 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 Website’s services, or any content thereof, or make any unauthorized use thereof
WE MAINTAIN OUR 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
Wine Enthusiast disclaims any and all responsibility or liability with respect to any materials posted by our users including any sensitive, embarrassing, proprietary or confidential information that posted by users on our Website.
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.
COPYRIGHT POLICY AND DMCA AGENT
We respect the intellectual property of others and asks that all users of our Website 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:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- 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
- 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.
The designated Copyright Agent is:
Caruso & Caruso, LLP
68 Main Street
Andover, MA 01810
Phone: (978) 475-2200
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 WINE ENTHUSIAST 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 WEBSITE 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 WEBSITE, 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 WEBSITE 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 WEBSITE MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE).
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 WEBSITE 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 WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, 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 WINE ENTHUSIAST, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “WINE ENTHUSIAST 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 WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, 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 THE WINE ENTHUSIAST 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 THE WINE ENTHUSIAST 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 WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WINE ENTHUSIAST FOR YOUR USE OF THE WEBSITE OR PURCHASE OF A SERVICE OR PRODUCT THROUGH THE WEBSITE.
MISCELLANEOUS LEGAL PROVISIONS
You agree to defend, indemnify and hold Wine Enthusiast 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 Website, your placement or transmission of any message, content, information, software or other materials through the Website, 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.
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.
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: Wine Enthusiast Media, 200 Summit Lake Drive – 4th Floor, Valhalla, NY 10595.
GOVERNING LAW, BINDING ARBITRATION
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Wine Enthusiast shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Wine Enthusiast Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You understand and agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
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.
The captions, headings, and paragraph numbers appearing in these Terms are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms, nor in any way affecting them.