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These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Prime Wine or its affiliates PRIMEWINE.EU.COM for products, services or otherwise. Prime Wine has the right to modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and according to its own discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site. It is your responsibility to review the Site Terms and its incorporated policies and documents to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site. Your continued use of the Site will constitute your acceptance of these Terms and Conditions, including our Privacy Statement.
Service Access
While Prime Wine endeavours to ensure that the Site is normally available 24 hours a day, Prime Wine shall not be liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Prime Wine’s control.
Privacy Policy and Forum Agreement Terms
Please refer to Prime Wine Privacy Policy and Forum Agreement Terms for information on how Prime Wine collects, uses and discloses personally identifiable information from its users and the rules governing the posting or transmitting of material on the Site.
Pricing Terms and Conditions
is not licensed to sell alcohol or an online store, and does not charge service fees to users of the Site.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Prime Wine logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, content (save user’s contributions which are licensed to Prime Wine pursuant to these Terms and the Forum Agreement Terms) (as defined below) and the selection, the look and feel, design and compilation thereof (collectively, the "Site Content") are the proprietary property of Prime Wine or its licensers or users and are protected by UK copyright laws. The Site and all Site Content is (C) 2008 Prime Wine All Rights Reserved.
Trademarks
Prime Wine Logo and all other product/service names or slogans shown on the Site are registered and/or common law trademarks of Prime Wine and/or its suppliers or licensers, and may not be copied, imitated or used, either entirely or partly, without the prior written permission of Prime Wine or the applicable trademark holder. The look and feel of the site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Prime Wine and may not be copied, imitated, publicly performed, distributed, commercially exploited, adapted, translated, modified, bundled, merged, shared or used, either entirely or partly, without the prior written permission of Prime Wine. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Prime Wine.
Limited License
Prime Wine grants you a limited, non sub-licensable license to access and use the Site and to view, copy and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) Site Content may only be viewed, copied or printed for your own informational, personal and non-commercial use; (ii) no modifications or derivative uses may be made to the Site or the Site Content, or any portion thereof; (iii) You must mark displays or printouts of Site Content "(iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Prime Wine is strictly prohibited and will terminate the license granted herein.
Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Prime Wine against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Prime Wine or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Prime Wine logo or other proprietary graphic of Prime Wine to link to the Site without the express written permission of Prime Wine. Further, you may not use, frame or utilise framing techniques to enclose any Prime Wine trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Prime Wine's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Prime Wine or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Prime Wine or any third party without the prior written permission of Prime Wine or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. We do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the site. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Prime Wine does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Prime Wine provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Prime Wine's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Prime Wine accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Use of Forums and Other Interactive Areas
The Site contains discussion forums, review services or other forums in which you or third parties may post reviews of wines or other content, messages, materials or other items on the Site ("Interactive Areas"). If Prime Wine provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
• Any message, data, information, text or other material that impersonates or implies you are a consumer which does not make it expressly clear that you (or your employees, contractors or agents using the Site or the Interactive Area) are a brand owner, licensee or associated or affiliated with a brand. Information that is posted on the Interactive Area is regularly checked and followed up. Any misuse of this service will result in immediate withdrawal of your listing which will be non-refundable with full details of this misuse posted on the Interactive Area.
• Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, e mail addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that, in the sole judgement of Prime Wine, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Prime Wine or its affiliates or its users to any harm or liability of any type.
• Prime Wine takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Prime Wine liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Prime Wine is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Prime Wine has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Prime Wine reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Prime Wine's systems and customers, or to ensure the integrity and operation of Prime Wine's business and systems, Prime Wine may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Prime Wine's right to disclose any such information shall govern over any terms of Prime Wine's Privacy Policy.
Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant Prime Wine and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Prime Wine and its affiliates and sub-licensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Prime Wine the right to pursue at law any person or entity that violates your or Prime Wine's rights in the Content by a breach of these Site Terms.
Content submitted by users will be considered non-confidential and Prime Wine is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Prime Wine reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Prime Wine is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Prime Wine. Prime Wine shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Prime Wine or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Prime Wine, and its licensees, successors and assigns, from any claims that you could otherwise assert against Prime Wine by virtue of any such moral rights.
Indemnity
You agree to indemnity, defend and hold us harmless from any claims, actions, demands (including reasonable fees) or other proceedings brought against us by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Site and any breach by you of these Site Terms, including for the avoidance of doubt, any claim that any content submitted by you infringes the rights of a third party.
Advertisements and Promotions
Prime Wine may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Prime Wine, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Prime Wine is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Prime Wine, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Prime Wine.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PRIME WINE, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Prime Wine EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED BY LAW AND WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. Prime Wine DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
PRIME WINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY AND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIAL ON THE SITE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE AND Prime Wine MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL. WHILE Prime Wine ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, Prime Wine CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNISED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST PRIME WINE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT Prime Wine HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER Prime Wine NOR ANY PARTIES NOR ANY OF PRIME WINE’S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OF ANY OF THEM, PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM Prime Wine OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO PRIME WINE'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRIME WINE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Prime Wine FOR ACCESS TO OR USE OF THE SITE.
NOTHING IN THESE SITE TERMS RESTRICTS OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, Prime Wine reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
Sever-ability
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Governing Law
These Site Terms shall be governed and construed in accordance with English law. Disputes arising in connection with these Site Terms shall be subject to the exclusive jurisdiction of the English courts.
Questions and Comments
If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by sending an e mail to info@primewine.eu.com.