DesktopWineCellar Web Site Terms of Use and Notices


DesktopWineCellar Web Site Terms and Conditions of Use

Last Updated: May 2006

AGREEMENT BETWEEN YOU AND DesktopWineCellar

The DesktopWineCellar Web Site is made up of various Web pages operated by DesktopWineCellar, San Francisco, CA. This Terms of Use and Notices applies to the DesktopWineCellar Web Site and does not apply to the content of third parties.

The DesktopWineCellar Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DesktopWineCellar Web Site constitutes your agreement to all such terms, conditions, and notices.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.DesktopWineCellar.com/privacy.asp for disclosures relating to the collection and use of your personal information. MEMBER ACCOUNT, PASSWORD, AND SECURITY DesktopWineCellar requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify DesktopWineCellar immediately of any unauthorized use of your account or any other breach of security. DesktopWineCellar will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DesktopWineCellar or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

DesktopWineCellar reserves the right to change the terms, conditions, and notices under which the DesktopWineCellar are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on DesktopWineCellar. Your continued use of DesktopWineCellar constitutes your agreement with DesktopWineCellar to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the DesktopWineCellar services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from DesktopWineCellar. Without the advance express written permission of DesktopWineCellar, you may not send, or cause to be sent, any automated queries of any sort to DesktopWineCellar, or use the DesktopWineCellar in any commercial manner.

ACCOUNT RENEWAL

DesktopWineCellar member accounts are permanent and do not require any additional payments to keep current.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of DesktopWineCellar, you will not use DesktopWineCellar for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use DesktopWineCellar in any manner that could damage, disable, overburden, or impair DesktopWineCellar (or the network(s) connected to DesktopWineCellar service) or interfere with any other party's use and enjoyment of DesktopWineCellar. You may not attempt to gain unauthorized access to any DesktopWineCellar service, other accounts, computer systems or networks connected to any DesktopWineCellar service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through DesktopWineCellar. You are solely responsible for adhering to any and all third party copyrights.

SOFTWARE AND CONTENT AVAILABLE THROUGH DESKTOPWINECELLAR

All content and software (if any) that is made available to view and/or download in connection with DesktopWineCellar, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work DesktopWineCellar and/or its suppliers and partners and is protected by copyright laws and international treaty provisions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH DESKTOPWINECELLAR MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE DESKTOPWINECELLAR SITES/SERVICES AND TO THE INFORMATION THEREIN. DESKTOPCOOK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DESKTOPWINECELLAR SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA DESKTOPWINECELLAR SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DESKTOPWINECELLAR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN DESKTOPWINECELLAR SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. DESKTOPWINECELLAR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT DESKTOPWINECELLAR SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH DESKTOPWINECELLAR. YOU SPECIFICALLY AGREE THAT DESKTOPWINECELLAR IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DESKTOPWINECELLAR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN DESKTOPWINECELLAR BY ANY THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL DESKWINECELLAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DESKTOPWINECELLAR, WITH THE DELAY OR INABILITY TO USE DESKTOPWINECELLAR SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DESKTOPWINECELLAR, OR OTHERWISE ARISING OUT OF THE USE OF DESKTOPWINECELLAR, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DESKTOPWINECELLAR, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DESKTOPWINECELLAR. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. NOTHING IN THIS AGREEMENT LIMITS DESKTOPWINECELLAR LIABILITY FOR (II) PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE OR (II) FRAUD.

TERMINATION/ACCESS RESTRICTION

DesktopWineCellar reserves the right, in its sole discretion, to terminate your access to DesktopWineCellar and the related services or any portion thereof at any time, without notice. DesktopWineCellar shall have no obligation to maintain any content, provide a refund, or to forward to you or any third party.


ACCOUNT LIMIT

Membership includes up to 2000 wines. Additional space can be purchased separately. Use the Contact Us form to request.

NO SPAM; DAMAGES

DesktopWineCellar may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay DesktopWineCellar liquidated damages of five US dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay DesktopWineCellar 's actual damages, to the extent such actual damages can be reasonably calculated.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of DesktopWineCellar Web Site are: Copyright (c) 2006 DesktopWineCellar, San Francisco, CA, U.S.A. All rights reserved.

TRADEMARKS. DesktopWineCellar, DesktopRecipes, Personal DesktopWineCellar, Group DesktopWineCellar, DesktopWineCellar Logo (frames), and/or other DesktopWineCellar products and services referenced herein may also be either trademarks or registered trademarks of DesktopWineCellar in the United States and/or other countries.

Any rights not expressly granted herein are reserved.