PLEASE READ THESE TERMS OF USE (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF MAPMYWINE (mapmywine.com) (COLLECTIVELY, THE “WEBSITE”), AND THE INFORMATION ON IT, ALONG WITH THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), (EACH WEBSITE AND SERVICE IS A “MAPMYWINE PROPERTY” AND COLLECTIVELY THEY ARE THE “MAPMYWINE PROPERTIES”) ARE CONTROLLED BY MAPMYWINE (“MAPMYWINE”). THESE TERMS OF USE GOVERN YOUR USE OF THE MAPMYWINE PROPERTIES AND APPLY TO ALL USERS VISITING THE MAPMYWINE PROPERTIES. BY ACCESSING OR USING THE MAPMYWINE PROPERTIES, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE MAPMYWINE PROPERTIES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MAPMYWINE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE MAPMYWINE PROPERTIES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE MAPMYWINE PROPERTIES.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”), such as the Terms of Sale, and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT the Terms of Use are subject to change by MapMyWine in its sole discretion at any time. When changes are made, MapMyWine will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. MapMyWine may require you to provide consent to the updated Agreement in a specified manner before further use of the MapMyWine Properties is permitted. If you do not agree to any change(s) after being notified of such change(s), you shall stop using the MapMyWine Properties. Otherwise, your continued use of the MapMyWine Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
USE OF THE SERVICES AND MAPMYWINE PROPERTIES. The MapMyWine Properties are protected by copyright laws throughout the world. Unless otherwise specified by MapMyWine in a separate license, your right to use any and all MapMyWine Properties is subject to the Agreement.
1.1 Updates. You understand that the MapMyWine Properties are evolving. As a result, MapMyWine may require you to accept updates to the MapMyWine Properties that you have installed on your computer or mobile device. You acknowledge and agree that MapMyWine may update the MapMyWine Properties with or without notifying you. You may need to update third-party software from time to time in order to use the MapMyWine Properties.
1.2 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the MapMyWine Properties or any portion of the MapMyWine Properties, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other MapMyWine Properties (including images, text, page layout, or form); (c) you shall not use any metatags or other “hidden text” using MapMyWine’s name, trademarks, or service marks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the MapMyWine Properties 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 scripts, browser plugins, spiders, robots, scrapers, crawlers, data mining tools, or the like) to “scrape” or download data from any web pages contained in the MapMyWine Properties (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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), or attempt to access any part of the MapMyWine Properties; (f) you shall not access, tamper with, or use non-public areas of the MapMyWine Properties, MapMyWine’s computer systems, or the technical delivery systems of MapMyWine’s providers; (g) you shall not attempt to probe, scan, or test the vulnerability of any MapMyWine system or network or breach any security or authentication measures; (h) you shall not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MapMyWine or any of MapMyWine’s providers or any other third party (including another user) to protect the MapMyWine Properties or Content; (i) you shall not attempt to access or search the MapMyWine Properties or Content or download Content from the MapMyWine Properties through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by MapMyWine or other generally available third-party web browsers; (j) you shall not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation; (k) you shall not use any meta tags or other hidden text or metadata utilizing a MapMyWine trademark, logo URL, or product name without MapMyWine’s express written consent; (l) you shall not use the MapMyWine Properties or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Agreement; (m) you shall not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the MapMyWine Properties or Content to send altered, deceptive, or false source-identifying information; (n) you shall not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the MapMyWine Properties or Content; (o) you shall not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the MapMyWine Properties; (p) you shall not collect or store any personally identifiable information from the MapMyWine Properties from other users of the MapMyWine Properties without their express permission; (q) you shall not impersonate or misrepresent your affiliation with any person or entity; (r) you shall not violate any applicable law or regulation; and (s) you shall not encourage or enable any other individual to do any of the foregoing.
REGISTRATION.
2.1 Registering Your Account. In order to access certain features of the MapMyWine Properties, you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”).
2.2 Registration Data. In registering for the Service, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (1) of legal age to form a binding contract; and (2) not a person barred from using the MapMyWine Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify MapMyWine immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MapMyWine has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MapMyWine has the right to suspend or terminate your Account and refuse any and all current or future use of the MapMyWine Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. MapMyWine reserves the right to remove or reclaim any usernames at any time and for any reason.
CONTENT AND CONTENT RIGHTS.
For purposes of these Terms of Use, “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content added, created, uploaded, submitted, distributed, posted, or otherwise obtained through the Services by users, including content that is added to the Services in connection with users linking their accounts to third-party websites and services, is collectively referred to as, “User Content.”
3.1 Your Content in our Services. Some of our Services allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
However, when you upload, submit, store, send, or receive content to or through our Services, you give MapMyWine (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
3.2 MapMyWine Content. Except for User Content, all content made available through the MapMyWine Properties or its Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MapMyWine or its content suppliers and protected by international copyright laws. No portion of the MapMyWine Properties may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MapMyWine. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MapMyWine without express written consent. You may not use any meta tags or any other “hidden text” utilizing MapMyWine’s name or trademarks without the express written consent of MapMyWine. You may not misuse the MapMyWine Properties. You may use the MapMyWine Properties only as permitted by law. The licenses granted by MapMyWine terminate if you do not comply with these Terms of Use.
COPYRIGHT POLICY AND COPYRIGHT AGENT.
MapMyWine respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, MapMyWine will also terminate a user’s account if the user is determined to be a repeat infringer.
Notices regarding our Services should be sent to the following address:
MapMyWine, Parmagade 13, 5., Copenhagen S, 2300, Denmark
INTELLECTUAL PROPERTY.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, databases, and data (“Materials”), are the exclusive property of MapMyWine or its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Materials.
TERMINATION.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless MapMyWine and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Services.
LIMITATION OF LIABILITY.
In no event shall MapMyWine, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
DISCLAIMER.
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
MapMyWine, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
EXCLUSIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW.
These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
CHANGES.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.