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PAWineTalk Terms of Service

Last Revised Feburary 23, 2011

The following Terms of Service govern your use of the PAWineTalk.com website ("Website"). The Website is the property of PAWineTalk, LLC ("PAWineTalk," "we," "us" "our"). Your use of and/or registration to use any part of the Website constitutes your agreement to comply with these Terms of Service. If you cannot agree with these Terms of Service, do not access or use any part of the Website.

I. Summary of Key points of These Terms Of Service

While the detailed provisions set out below are the legally operative Terms of Service governing your use of the Website, for those inclined to not read any further we offer this plain-English summary of several important provisions:
  1. Only PAWineTalk can (1) establish the Terms of Service for the Website, (2) change the Terms of Service, and (3) make such changes effective immediately upon posting on the Website.
  2. We currently require you to identify a valid email address in order to provide you with log-in credentials. We also ask you to provide, voluntarily, your State and County of residence and how you learned about the Website. We expect you to provide accurate and truthful information to these required and optional questions.
  3. We don't have any current plans to sell to or share with third-parties the extremely limited personal information we currently collect, but we reserve the right to do so in the future.
  4. Your log-in credentials are for your individual use and you may not share your log-in credentials.
  5. You can't use the Website for any commercial purposes.
  6. You can't use the Website for any unlawful purposes, including the posting of defamatory statements or unlawful duplication of protected information belonging to others.
  7. If you use the Website for unlawful purposes, that is your problem, not ours.
  8. While we strive to provide accurate, truthful information on the Website, we can't hold our external information sources or our users to that standard and we are not responsible for the accuracy or truth (or lack thereof) of any information posted on the Website.
  9. We own all original content that is created for and posted within the Website, whether created by us or by our users, and we claim the rights to all such original content.
  10. We can screen, delete, edit or otherwise change the information you post or attempt to post on the Website.
  11. You can't copy, frame, link to or otherwise distribute any Website content without first getting our permission.
  12. We can revoke or terminate your access to the Website at any time for any reason.
  13. If your use of the Website causes us to incur legal fees or damages, you will indemnify us.
  14. The Website is provided AS-IS, without any warranties or guarantees.
  15. We disclaim any right on your behalf to obtain damages against us, and your sole legal remedy if you have a problem with us or the Website is to stop using the Website.
  16. Any legal disputes involving us or the Website will be decided under Pennsylvania law in Allegheny County Pennsylvania.

II. Modification of the Terms of Service

PAWineTalk, including its owners, administrators, operators, etc., reserves the right to modify the Terms of Service, or any portion thereof, or add or delete terms at any time. Such modifications, additions or deletions will be effective immediately upon posting; the date of the most recent revisions will appear on this page. Your continued use of the Website after such posting will constitute your acceptance of such modifications, additions or deletions.

III. Access to the Website

a. In order to access some of the features of the Website, you may be asked to provide certain address, contact and age details or other information associated with your real-world identity ("Personal Information"). It is a condition of obtaining log-in credentials and, thereafter, your continued use of the Website, that all such Personal Information indicated as being required on the Website will be correct, current and complete. If we believe the Personal Information you provide is not correct, current, or complete, or is otherwise misleading in any way, we reserve the right to refuse you access to the Website or any of its resources, and/or to terminate or suspend your access at any time. b. We currently collect Personal Information solely as a means of internally identifying our individual users. We do not currently sell the limited Personal Information we collect, but we reserve the right to do so in the future. You are solely responsible for choosing how much of your Personal Information you expose to other users of the Website via your posts and otherwise. You are also solely responsible for maintaining the confidentiality of your log-in credentials. The log-in credentials for this Website are intended for individual use only. You are solely responsible for all usage or activity on your account. You may not rent, loan, or sub-license any Website username or password to a third party.

IV. Restrictions on Use

As a condition of your use of the Website, you warrant to PAWineTalk that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service. You may not (and may not authorize any party to) i) co-brand this site, or ii) frame this site, or iii) hyper-link to this site, without our express prior written permission. You agree to cooperate with us in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.

V. Personal and Non-Commercial Use Limitation

This Website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent.

VI. Proprietary Information

The material and content accessible from the Website ("Content") is the proprietary information of PAWineTalk or the party that provided or licensed the Content to PAWineTalk, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PAWineTalk, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates PAWineTalk's intellectual property rights and, potentially, the rights of others. Neither title nor intellectual property rights are transferred to you by access to this site. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from or otherwise connected to the Website without our written permission, and such permission is not granted nor may be implied from these terms of Service.

VII. Hyper-Links

The Website may be hyper-linked to other sites which are not maintained by, or related to us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Website or PAWineTalk. We have not reviewed any or all of such sites and we are not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-inked to this Website. We provide hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.

VIII. Conditions of Use

Among other actions, when using the Website, you agree that you will not post, send, submit, publish or transmit in connection with this site any material that:
  1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third-party right of any person or entity;
  2. uses the Website for commercial purposes of any kind, including the solicitation of funds, advertisers or sponsors;
  3. is obscene, defamatory, harmful, abusive, threatening, false or otherwise offensive;
  4. violates any applicable local, state, federal or international laws, rules or regulations;
  5. advocates illegal activity or discusses an intent to commit an illegal act;
  6. interferes with or disrupts the Website or the servers, networks or other infrastructure connected to the Website, or impedes or interferes with others. use of the Website;
  7. includes programs that contain a virus or other harmful or disruptive component;
  8. transmits "junk mail," "chain letters," "spam" or any other unsolicited mass mailing; or
  9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content.
Your failure to comply with any of the above conditions shall constitute a violation of these Terms of Service and result in the termination of your right to use the Website without notice.

IX. Monitoring

We reserve the right, but not the obligation, to monitor use of this Website to determine compliance with these Terms of Service and to satisfy any law, regulation or authorized government request. We also reserve the right and have absolute discretion to screen, edit, refuse to post or remove any content posted or uploaded to the Website, without notice, at any time and for any reason. If you believe that any content shown or transmitted through this Website violates these Terms of Service, you can report such violation by contacting us as described on the Website. We may review the claim and determine in our sole discretion to remove or request the removal of the content. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request.

X. Third Party Content

PAWineTalk is a distributor of content supplied by third parties and individual users. We do not control or endorse the content, messages or information found on the Website, and any content placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of PAWineTalk. You agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted, provided or created by others, even material that violates these Terms of Service.

XI. Submissions

Except as expressly provided otherwise in the Privacy Policy, you hereby grant to us the perpetual, irrevocable, unrestricted, worldwide, sub-licensable, royalty-free license to use, store, display, publish, translate, distribute, reproduce, modify, publicly perform, adapt, or otherwise exploit any and all content, remarks, or other information communicated to the Website, in any medium (now in existence or hereinafter developed). We will not be required to treat any such information communicated to the Website as confidential, and may use any and all submissions for commercial purposes without incurring any liability for royalties or any other consideration of any kind. You agree and acknowledge that any information that you disclose in publicly accessible portions of the website will be accessible by other Website users.

XII. Security

You may not use any robot, spider, other automatic device or manual process to monitor or copy any portion of the Website or for any other unauthorized purpose without our prior express written consent. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.

XIII. Indemnification

You agree to indemnify, defend and hold harmless PAWineTalk, our officers, directors, employees, agents, representatives and third-party service providers from any and all claims and liabilities (including without limitation attorneys' fees) resulting from or incidental to your use of the Website.

XIV. Termination

Your right to access and use the Website will automatically terminate without notice, if you breach any provision of these Terms of Service. We reserve the right to suspend and/or terminate your access to the Website or any portion thereof, for any or no reason, without notice. You agree that we will not be liable to you or any third party as a result of such suspension or termination.

XV. Disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

XVI. Limitation on Liability

PAWINETALK, OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY BREACH OF THESE TERMS BY PAWINETALK SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICE.

XVII. Copyright Claims

PAWineTalk respects the intellectual property of others. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify PAWineTalk by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: Mark Wilkins, 9958 Parkland Drive, Wexford, PA 15090, support {at} pawinetalk {dot} com

Note: Only copyright complaints should be sent to the agent. No other communications will be accepted or responded to.

For communications on other matters, please contact us as described on the Website.

XVIII. General

  1. Governing Law.
    These Terms of Services will be governed and interpreted pursuant to the laws of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to exclusive personal jurisdiction in Pennsylvania in connection with any dispute between you and PAWineTalk arising out of your use of the Website, these Terms of Service and/or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in a court of competent jurisdiction in Allegheny County, Pennsylvania.
  2. Severability.
    If any provision herein shall be held by a court of competent jurisdiction to be unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity of any remaining provisions.
  3. Entire Agreement.
    These Terms of Service constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and PAWineTalk, with respect to the Website.
  4. Admissibility.
    A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.