THE FOLLOWING DESCRIBES THE TERMS ON WHICH
WineAuctionPrices.com OFFERS YOU ACCESS TO OUR SERVICES. USE OF THIS WEBSITE
CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Welcome to WineAuctionPrices’s User Agreement. This Agreement
describes the terms and conditions applicable to your use of our services at
http://www.WineAuctionPrices.com. By using this website, you accept the terms and
conditions of this Agreement. If you do not accept these terms and conditions
please do not use our services. If you have any questions, please contact us.
You must read, agree with and accept all of the terms and
include those terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of WineAuctionPrices. We
strongly recommend that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites referred to in
this document, as they may contain further terms and conditions that apply to
you as a WineAuctionPrices user. Please note: underlined words and phrases are
links to these pages and websites. By accepting this User Agreement, you also
agree that your use of other WineAuctionPrices websites will be governed by the terms
and conditions posted on those websites.
We may amend this Agreement at any time by posting the
amended terms on our site. The amended terms shall automatically be effective
30 days after they are initially posted on our site. This Agreement may not be
otherwise amended except in a writing signed by both parties. This agreement
was revised on September 15th, 2006.
- Eligibility for Membership. Our services are available
only to individuals who can form legally binding contracts under
applicable law. Without limiting the foregoing, our services are not
available to minors. If you do not qualify, please do not use our
services. WineAuctionPrices may refuse our services to anyone at any time, in our
sole discretion. Individuals must be at least 21 years of age if
you reside in the United States
or of legal drinking age in their country of residence. Further, your
WineAuctionPrices account and User Id may not be
transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind the
entity to this Agreement.
- Fees. Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all applicable taxes and for all
hardware, software, service and other costs you incur to access our servers. We may in our sole
discretion add, delete or change some or all of our services at any
- Your Subscription Your subscription provides unlimited access to this information via the Internet from one or more personal computers. You may not access the information from more than one computer at any given time.
- We will use certain technologies to ensure that only one person is using each account at any given time. Sharing your login information with others is a violation of this agreement, may make it impossible for you to use the service when another person or entity is using your login and is grounds for immediate termination of your subscription (without a full or partial refund of your subscription fee).
- Who May Use Your Subscription. Your subscription is for your own personal use of the service. It may not be shared, resold, subdivided or sublicensed to anyone else.
- Except as described above, your subscription is not transferable to, or usable by, another person, business or other entity without our consent.
- We will use certain technologies to monitor your use of our service to be certain it is in compliance with the terms of this agreement. Intentional use of the service in a manner inconsistent with this agreement will be grounds for termination of your subscription. No full or partial refunds will be offered for subscriptions terminated for intentional use of the service not in compliance with this agreement.
- Access to the service using special computer programs (Web Robots, Web Wanderers, Crawlers, or Spiders) designed to systematically download the information in the database is strictly prohibited. We will use certain technologies to detect the use of these programs. Their use is a violation of this agreement and is grounds for immediate termination of your subscription (without a full or partial refund of your subscription fee).
You release WineAuctionPrices
(and our agents and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with us of our Services. If you are a California resident, you waive
California Civil Code §1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
- Your Information. Your information includes
any information you provide to us or other users during the
registration or through any email feature
(defined herein as "Your Information"). With respect to Your
- Responsibility. You are solely responsible for
Your Information, and we act as a passive conduit for your online
distribution and publication of Your Information. However, we may take any
action with respect to such information we deem necessary or appropriate in
our sole discretion if we believe it may create liability for us or may cause
us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Restricted Activities. Your Information (or any
items listed) and your activities on the site shall not: (a) be false,
inaccurate or misleading; (b) be fraudulent or involve the sale of
counterfeit or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (d) violate any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer
protection, unfair competition, antidiscrimination or false advertising); (e)
be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) be obscene or contain child pornography or, if otherwise adult
in nature or harmful to minors, shall be posted only in the Mature Audiences
section and shall be distributed only to people legally permitted to receive
such content; (g) contain any viruses, Trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) create liability
for us or cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; (i) attempt to circumvent the WineAuctionPrices system by
conducting transactions off the WineAuctionPrices system; (j)use WineAuctionPrices's
system or information to send unsolicited emails or other messages except as
specifically related to a particular transaction; (k) abuse or threaten other
WineAuctionPrices users or employees; and (l) link directly or indirectly to or
include descriptions of goods or services that: (aa) are prohibited under
this Agreement; (bb) are identical to other items you have up for auction but
are priced lower than your item's reserve or minimum bid amount; (cc) are
concurrently listed for sale on a web site other than WineAuctionPrices's (this
does not prevent linking to or advertising an WineAuctionPrices item from another
web site); or (dd) you do not have a right to link to or include. Furthermore,
you may not list any item on the site (or consummate any transaction that was
initiated using our service) that, by paying to us the listing fee or the
final value fee, could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current Prohibited,
Questionable and Infringing Items.
- License. Solely to enable WineAuctionPrices.com to
use Your Information you supply us with, so that we are not violating any
rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your Information.
WineAuctionPrices will only use Your Information in accordance with our Privacy
- System Integrity. You may not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the WineAuctionPrices site or any auction being conducted on our
site. You may not take any action which imposes an unreasonable or
disproportionately large load on our infrastructure. You may not
disclose or share your password to any third parties or use your
password for any unauthorized purpose.
- Breach. Without limiting other
remedies, we may immediately remove your item listings, warn our
community of your actions, issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide
our services to you if: (a) you breach this Agreement or the documents
it incorporates by reference; (b) we are unable to verify or
authenticate any information you provide to us; or (c) we believe that
your actions may cause financial loss or legal liability for you, our
users or us.
- Privacy. Our current privacy policies are incorporated herein
by reference. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information
is one of our most important assets. We store and process your
information on computers located in the United States that are protected
by physical as well as technological security devices. We use third
parties to verify and certify our privacy principles.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE
THE WineAuctionPrices WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which vary from state to
- Limit of Liability. IN NO EVENT SHALL WE OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B)
$100. Some states do not allow the limitation of liability, so the foregoing
limitation may not apply to you.
- Indemnity. You agree to indemnify and
hold us and (as applicable) our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law or the rights
of a third party.
- General Compliance with Laws.
comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your bidding on, listing, purchase
and sale of items.
- No Agency. You and WineAuctionPrices are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or
created by this Agreement.
- Notices. Except as explicitly stated
otherwise, any notices shall be given by email to
contact@WineAuctionPrices.com (in the case of WineAuctionPrices) or to the email
address you provide to WineAuctionPrices during the registration process (in
your case), or such other address as the party shall specify. Notice
shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to WineAuctionPrices during the
registration process. In such case, notice shall be deemed given 3 days
after the date of mailing.
- Arbitration. Any controversy or claim
arising out of or relating to this Agreement or our services, excluding
legal action taken by WineAuctionPrices to collect our fees and/or recover
damages for, or obtain an injunction relating to, the WineAuctionPrices site
operations, intellectual property, and our services, shall be settled by
binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. The arbitration shall be conducted
in Alameda County, California,
and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or WineAuctionPrices may seek any
interim or preliminary relief from a court of competent jurisdiction in Alameda
necessary to protect the rights or property of you or WineAuctionPrices
pending the completion of arbitration.
- General. This Agreement shall be
governed in all respects by the laws of the State of California
as such laws are applied to agreements entered into and to be performed
entirely within California
residents. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered with
by numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are
for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree that this
Agreement and all incorporated agreements may be automatically assigned
by WineAuctionPrices, in our sole discretion, to a third party in the event of
a merger or acquisition. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof.
- Disclosures. The services hereunder are
offered by WineAuctionPrices, located at 7305 Edgewater Drive Suite D Oakland, CA 94621.
If you are a California
resident, you may have this same information emailed to you by sending a
letter to the foregoing address with your email address and a request
for this information.
The Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted in writing at
400 R Street, Sacramento,
or by telephone at (800) 952-5210.
Questions? Contact us.
WineAuctionPrices.com has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses our information
gathering and dissemination practices for this website: WineAuctionPrices.com.
WineAuctionPrices.com automatically collects and analyzes your Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for.
We use your IP address to help diagnose problems with our server, and to administer our Web site.
registration form requires users to give us contact information
(like their name and email address) and financial information (like
their account or credit card numbers). We use customer contact information
from the registration form to send the user information about our
company and promotional material from some of our partners. The
customer's contact information is also used to contact the visitor
when necessary. Financial information that is collected is used
to check the users' qualifications for registration and to bill
the user for products and services.
personal contact information is collected primarily to determine
the worthiness of any individual to be using WineAuctionPrices.com system.
Your personal information will only be shared with those who either
win your auctions or who are the seller's of auctions which you
win. You personal information is maintaned to help prevent
fraud on WineAuctionPrices.com. Your personal information will
never be sold, given, or rented to 3rd parties other than those with whom you conduct transactions through the WineAuctionPrices.com system. From time
to time, WineAuctionPrices.com may transmit advertisments to you from
site contains links to other sites. WineAuctionPrices.com is not
responsible for the privacy practices or the content of such Web
uses an order form for customers to request information, products,
and services. We collect visitor's contact information (like their
surveys ask visitors for contact information (like their email address).
This site has security measures in place to protect the loss, misuse
and alteration of the information under our control.
Our site provides users the opportunity to opt-out of receiving
communications from us and our partners at the point where we request
information about the visitor.
This site gives users the following
options for removing their information from our database to not
receive future communications or to no longer receive our service. Contact us
This site gives users the following options for changing and modifying
information previously provided: Contact us
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact
WineAuctionPrices at Contact us.