Last Revised Feburary 23, 2011The 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 ServiceWhile 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:
II. Modification of the Terms of ServicePAWineTalk, 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 Websitea. 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 UseAs 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 LimitationThis 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.
VII. Hyper-LinksThe 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 UseAmong 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:
IX. MonitoringWe 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 ContentPAWineTalk 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.
XII. SecurityYou 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. IndemnificationYou 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. TerminationYour 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. DisclaimerYOUR 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 LiabilityPAWINETALK, 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 ClaimsPAWineTalk 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: