Last Updated: September 24, 2007
Welcome to the Terms of Use for Grapefoot.com. Users of our website
("Site") are provided with a wide variety of information and
services, including search capabilities, access to reviews, the ability to
submit reviews for other users. By using our Site, you are agreeing to comply
with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not use this
Site.
We reserve the right to modify this Agreement at any time, and without prior
notice, by posting amended terms on this Site. Your continued use of the
Grapefoot.com Service indicates your acceptance of the amended Terms of Use.
The term "Grapefoot.com" or "us" or "we" refers
to the owner of the Site, Grapefoot.com. The term "you" refers to the
user or viewer of our Site.
Limitations of Use
Your license for access and use of the Grapefoot.com Site and any information,
materials and documents therein are subject to the following restrictions and
prohibitions on use: a)You may not copy, reproduce, distribute, republish,
display, post, or transmit any material contained on the Site (except the “all
about wine” Wiki Section, which falls under the GNU Free
Documentation License) in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the express prior written consent of Grapefoot.com; b) You may not use
the Site or any materials obtained from the Site to develop, or as a component
of, any information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale, lease,
license, rental, subscription, or any other commercial distribution mechanism.
You also may not "mirror" any material contained on the Site on any
other server. Any unauthorized use of any content on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications statutes and regulations.
Access to Service
Use of manual or automated software, devices, or other processes to
"crawl" or "spider" any web pages contained in the Site is
strictly prohibited. You agree not to monitor or copy, or allow others to
monitor or copy, our web pages or the content included herein. You also agree
not to "frame" or otherwise simulate the appearance or function of
this Site. Furthermore, you agree not to take any action that interferes with
the proper working of or places an unreasonable load on our infrastructure,
including but not limited to unsolicited communications, attempts to gain
unauthorized access, or transmission or activation of computer viruses.
Links to Third Party Sites
The Site may contain links to web sites controlled, owned, and operated by
third parties (the "third-party sites"). Grapefoot.com cannot control
and has no responsibility for the accuracy or availability of information
provided on the third-party sites. You acknowledge that use of any third-party
sites is governed by the terms of use for those websites, and not by this
Agreement. Links to third-party sites do not constitute an endorsement or
recommendation by Grapefoot.com of such sites or the content, products,
advertising or other materials presented on such sites, but are only for your
convenience and you access them at your own risk. Such third-party sites may
have a privacy policy different from that of Grapefoot.com and the third-party
site may provide less security than this Site. We are not responsible for the
content of any third-party web sites, nor do we make any warranties or
representations, express or implied, regarding the content (or the accuracy of
such content) on any third-party web sites, and Grapefoot.com shall have no
liability of any nature whatsoever for any failure of products or services
offered or advertised at such sites or otherwise.
Reviews
For clarity, you retain all of your ownership rights in and to your
Submissions. However, by submitting reviews, ratings or other content to
Grapefoot.com through this Site (collectively, "Submissions"), you
are also granting to Grapefoot.com a non-exclusive, royalty-free, worldwide
license to use, display, reproduce, sublicense, transfer, modify and publish
all or any portion of such Submissions in connection with the Site. Grapefoot.com
shall not be subject to any obligations of confidentiality regarding
Submissions except as expressly agreed by Grapefoot.com or as otherwise
required by applicable law. Nothing herein contained shall be construed as
limiting Grapefoot.com's responsibilities and
obligations under its Privacy Policy.
You may delete all or any part of your Submissions at any time using the tools
provided by Grapefoot.com and the license granted to Grapefoot.com shall
terminate upon your deletion of such Submissions from the Site.
Indemnification
By accepting the Terms of Use, you agree to indemnify and otherwise hold
harmless Grapefoot.com, Inc., its officers, employees, agents, subsidiaries,
affiliates and other partners from any direct, indirect, incidental, special,
consequential or exemplary damages resulting from your use of the Grapefoot.com
Site.
Termination
You agree that Grapefoot.com may, with or without cause, immediately terminate
your Grapefoot.com account and access to the Grapefoot.com Service without
prior notice. Without limiting the foregoing, the following will lead to a
termination by Grapefoot.com of a user's use of the Grapefoot.com Service (a)
breaches or violations of this Terms of Use or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) unexpected technical
issues or problems. Termination of your Grapefoot.com account includes removal
of access to all offerings within the Grapefoot.com Service and may also bar
you from further use of the Grapefoot.com Service. Furthermore, you agree that
all terminations shall be made in Grapefoot.com's
sole discretion and that Grapefoot.com shall not be liable to you nor any
third-party for any termination of your account or access to the Grapefoot.com
Service.
You further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner
to post the material and to grant Grapefoot.com all of the license rights
granted herein; (ii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iii) post advertisements or solicitations of business: (iv) impersonate
another person.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users
from uploading, posting or otherwise transmitting on the Site or in connection
with the Grapefoot.com Service any materials that violate another party's
intellectual property rights. When we receive proper Notification of Alleged
Copyright Infringement as described in the Grapefoot.com Copyright Policy,
we promptly remove or disable access to the allegedly infringing material and
terminate the accounts of repeat infringers as described herein in accordance
with the Digital Millennium Copyright Act. If you believe that any material on
the Site infringes upon any copyright which you own or control, you may send a
written notification of such infringement to our Designated Agent. Please see
the Grapefoot.com Copyright Policy
for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, members who are deemed to be
repeat infringers. Company may also at its sole discretion limit access to the
Site and/or terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
DISCLAIMER OF WARRANTIES
NONE OF GRAPEFOOT.COM, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS
(COLLECTIVELY THE "GRAPEFOOT.COM PARTIES") GUARANTEES THE ACCURACY,
ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE
CONTENT AND GRAPEFOOT.COM DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE
CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS
AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. GRAPEFOOT.COM PARTIES DO
NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS
DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
GRAPEFOOT.COM MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY
TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED
INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND GRAPEFOOT.COM PARTIES DO NOT
UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH
INFORMATION. GRAPEFOOT.COM RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE
OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN
TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR
OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL GRAPEFOOT.COM PARTIES BE LIABLE FOR ANY DAMAGES
INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR
NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY
PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS
LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR
LINE OR SYSTEM FAILURE, EVEN IF GRAPEFOOT.COM PARTIES, OR REPRESENTATIVES
THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
GRAPEFOOT.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING
THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT
GRAPEFOOT.COM PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF
ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY APPLICABLE LAW.