Terms of Use

Please read these terms of use carefully before using the services offered by WineView. These terms of use set forth the legally binding terms and conditions for your use of our website and  mobile application.

WineView App LLC is an international online platform facilitator (hereinafter “WineView”, “we” or us”), providing a mobile app that enables registered users (hereinafter singular “User” and plural “Users”) to view the latest ratings, see the 3 recommended pairings, and rate and review wines and wine information via mobile application in an augmented reality format. It also enables Users to see other Users’ ongoing reviews and save and share their favorite wines to connected social media platforms.

Our address is 600 N Pine St. Foley, AL 36535, and the platform is owned by WineView App LLC, company registered in the State of Alabama.  WineView can be contacted at https://www.wineview.app.

These general terms and conditions (hereafter referred to as “Terms”) apply between WineView and the User for all use of our website and app: https://www.wineview.app. (hereinafter “Web”), and all use of our application for mobile devices (hereinafter “App”). By using the functionalities of WineView’s Web and/or App (hereinafter collectively called the “Platform”), the User agrees with the terms and conditions for using our Platform as described herein, and as may be amended from time to time in the future.

Last Updated: September 17, 2020

  1. Scope of terms

WineView has created a Platform that enables Users to view the latest ratings, 3 pairings, rate and review wines, and save and share their favorite selections.

Users can use our platform without creating an account. However, in order to Save, Share, or Rate wines on our Platform, the User must either sign in using a third-party application log-in, e.g. Facebook, Google, etc. or fill out a form and create a profile without a third-party application log-in.

Please note that the User may use our Platform without signing up, in which case we will only be collecting data based on the User’s consent to our cookie policy that you may find here.

 

When registering via our App, the User shall provide us with certain information, including email, password, username, name, country of origin, preferred language, etc. When registering and signing in via third-party application login (such as Facebook), the User authorizes us to access certain account information from that third-party application, such as basic profile information; name, profile picture, e-mail address (optional), current city (optional). Some of this information will never be made public, such as password. Other information can be either hidden by default (email address, country of origin) or made public by default (name and profile picture if the third party application sign up platform contains same). Geolocation will not be disclosed, but the User has the possibility to add a geotag when reviewing wines as a public user. The User can manage the visibility of their information under Profile Settings.

Users with an account, will then be allowed to rate and review various wines as well as read and review wine ratings from other Users. Users with an account will also be able to save and share wines to their social platforms and personal digital “cellars”.

By accepting these Terms, the User acknowledges that they have read, understood and accepted them and agree to be bound by these Terms of Use as well as all related agreements with WineView, such as our Privacy Policy.

NOTE:  The WineView Platform is intended for use by adults of legal drinking age in the jurisdiction in which they reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account along with all personal information that has been provided to us.

  1. WineView as Platform provider

The User is aware that the use of this Platform does not create any responsibility or liability on behalf of WineView, as WineView is only providing the Platform as a service to enable Users to review and read reviews and recommendations on wines from various third-party vendors.

WineView is a Platform provider only.  We are not obliged or obligated to provide any background check or qualification nor any approval procedures towards the Users and/or the content provided on the Platform by third party vendors.  WineView shall make all reasonable efforts to provide accurate information on its site.

In no event shall WineView be liable (directly or indirectly) for any losses and/or damages resulting from communications between Users and third-party vendors.

  1. Certain Restrictions

The rights granted to you in these terms of use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Platform or any portion of Platform, including the Web, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Platform (including images, text, page layout or form) of WineView; (c) you shall not use any metatags or other “hidden text” using WineView’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Web (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Web for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Platform. Any future release, update or other addition to Platform shall be subject to these terms of use.WineView, its suppliers and service providers reserve all rights not granted in these terms of use. Any unauthorized use of the Platform terminates the licenses granted by WineView pursuant to these terms of use.

  1. The User’s obligations

The User must at all times:

Provide WineView with correct account information of name, address and e-mail address, etc.

Respect and comply with these Terms.

Avoid posting personal data concerning themselves or others, especially special types of data to include information about a person’s health, addictions or allergies, or transmitting any content that is offensive, inappropriate, illegal, or otherwise in conflict with these Terms.

Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

Failure to comply with the above may resolve in our deactivation of the User’s account and/or banishment from the Platform and/or the functionalities contained thereunder with or without notice to the User and at the sole discretion of WineView.

Using the Platform, the App or some of the functionalities may be prohibited or restricted in certain countries or regions. The User is solely responsible for complying with the laws and regulations of the territory from which the Platform is being accessed or used.

  1. Platform functionalities

In order to gain access to specific functionalities of the Platform, such as rating, reviewing, sharing, and saving, the User has to sign up and register as a User of the Platform.

The User is solely responsible for any content of reviews, posting of pictures and other information which is made available on the Platform and is open to the public.

The User solely is responsible for any and all interactions with other Users or any third-party vendors in connection with the Platform.

  1. Maintenance and support

The User is responsible for installing any available updates to the App. WineView has no responsibility for any incidents due to missing updates, or otherwise.  The User can avail itself of customer support at https://www.wineview.app

  1. WineView’s Warranty

We do not provide any warranty unless specific and expressly stated.

Third-party terms may include applicable disclaimers.

WineView offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the wines.  Any and all information provided is readily available to the general public.

  1. Liability limitation

Due to the nature of the services provided, no liability attaches to WineView in any way due to the use of the Platform.  The Platform is available for the use by and to provide assistance to the User free of charge.   Potential liability, if any, lies with the Users.

If in extraordinary cases WineView should be liable, such liability is limited in the following ways:

no indirect loss is covered, including but not limited to loss of data, revenue loss, personal injury or reactions, etc.;

damages under any circumstances are limited to USD $1.;

only claims based on gross negligence or malintent of WineView can be filed.

WineView is never liable for errors on the Platform, based on the underlying software as same is in part provided by subcontracted vendors..  The Platform and all of its functionalities are provided to the User “as is”.

The limitations and exclusions in this section (Liability limitation) apply to the maximum extent permitted by applicable law.

  1. Duration and Termination

These Terms of Use are in force for as long as the Users account is active.

WineView is entitled to terminate any User account immediately if the User violates the rules and regulations provided in these Terms of Use.

WineView’s rights to User content shall not be affected by the termination of a User account and may survive the termination of any User for cause.

Termination of a User account does not relieve the User from any obligation provided under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.

  1. Changes

These Terms may be amended from time to time at the sole discretion of WineView’s. Any and all amendments to the App shall be followed by a notification to the Users. Users are bound by any changes to the Terms when using the Platform after changes have been implemented and posted via notification.

An updated version of these Terms of Use will be available at all times and can be found at https://www.wineview.app/terms.

  1. Miscellaneous 

If a clause in these Terms of Use is not enforceable, the unenforceability of that clause will not affect any of the other sections.

  1. Law and venue

These Terms of Use and any disputes arising hereunder, or other disputes or claims arising out of or in connection with the use of the WineView Platform, shall be settled and/or resolved by a Court of competent jurisdiction and in accordance with the laws of the State of Alabama.

 

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