Welcome to the WineCountry Media website (including any other related or successor sites) (collectively, the “Site”). These Terms of Service (these “Terms”) are an agreement between you and WineCountry Media, LLC (“WCM”, “we,” or “us”) that governs your use of and participation in the Site and the services offered through the Site (the “Services”), regardless of whether you have registered for an account with us. You may not access, browse, or use any part of the Site or the Services if:
- you do not agree with all of these Terms;
- you are not over eighteen (18) years or age, or such higher legal age as is required in your jurisdiction to enter into a legally binding agreement with WCM; or
- you are not allowed to access the Site or receive the Services under the laws of the United States, the country in which you are located, or otherwise.
Certain words appear throughout these Terms in quotation marks (such as the word “Site” above). Rather than repeat the same information throughout the document, and to make these Terms as clear and as concise as possible, we’ve chosen to use the word in quotes (it’s known as a defined term) to refer to that information.
Changes to these Terms, the Site, and the Services.
The information we obtain through your use of the Site and Services is made subject to the provisions of the WCM
What We Do.
WCM has created a platform in which you and other users of the Site can discover, reserve, and purchase unique experiences fulfilled by various third-party hosts (“Hosts
“). By using our Site, WCM allows you and other users to purchase products, services, and experiences (whether in-person or otherwise) (collectively, such items you obtain using the Site are referred to herein as “Experiences
“). Please note that we do not provide any customer support for the Site or the Services.
Terms of Sale.
All purchases of products and services (including Experiences) that you make using the Site and Services are subject to the following terms of sale:
- You will be responsible for payment of the total purchase price for such products or services, as such purchase price is stated at checkout. This price may include applicable taxes (including VAT) and other duties, customs, as well as any additional fees that may be payable in connection with the purchase of such product or service (e.g., shipping fees for products).
- You agree that WCM may immediately (as of the time of purchase) charge you, and that you will pay WCM, the applicable purchase price using one of the methods made available through the Site, and to provide WCM with such information as WCM may require (e.g., your credit card billing address) to allow us to process such payment.
- You agree to provide us with a valid street address for the receipt of any products we send to you. We do not ship products to post office (P.O.) boxes. All risk of loss and title to products will pass to you from the Host or WCM (as applicable) at such time as the product is delivered by the Host or WCM to the applicable carrier for shipment.
- Due to the nature of the products and services we provide, we regret that all purchases are final, and as such cannot be refunded, exchanged, or rescheduled.
Purchase Criteria; Background Checks.
Many of our Experiences contain specific notes and requirements. For example, a particular Experience may have a dress requirement, be available only certain periods of the year, or may require that all participants be 21 years or older. You will see all of these notes and requirements for a particular Experience in the detail page corresponding to the Experience. In these Terms, we refer to those notes and requirements as the “Purchase Criteria.” Please review the Purchase Criteria carefully before purchasing the corresponding Experience and do not purchase the Experience if you do not agree with, or are unable to meet, the Purchase Criteria.
On occasion, we may require that you and other attendees submit to a background check in order to purchase and participate in a given Experience. We will state this requirement in the listing for such Experience. If you elect to purchase such Experience, you agree that you will provide such consents as we may request and otherwise cooperate with us and with any third parties we may engage to perform such background checks, which may include your providing us with sensitive information about you (e.g., your driver’s license number and Social Security Number).
Hosts and Other Third Parties.
Your interactions and activities with respect to Hosts and other third parties found on or through the Site and Services, including your participation in Experiences, purchases of goods, and any terms or conditions associated with such interactions and activities, are solely the responsibility of you and the third party, and WCM will have no responsibility with respect thereto.
WCM makes no representations or warranties with respect to any Experiences or other interactions or activities you obtain from Hosts and other third parties; and you agree that WCM has no liability for any loss or damage of any kind you may incur as a result of any interactions or activities, or your use or reliance on any products, services, content, or other information available through the Site and Services.
Portions of the Site and Services may contain links to other websites, or to resources and information, that are provided by others. This is particularly true given that we are a platform that connects Hosts that offer Experiences to users such as you. Because we do not control these websites, resources, and information provided by Hosts and other third parties, you acknowledge and agree that WCM is not responsible in any way for such websites, resources, and information (including the content thereof or your ability to access such). You further acknowledge and agree that WCM is not liable or responsible in any way, whether directly or indirectly, for any damages or losses you incur with respect to any third-party websites, resources, or information.
Finally, you acknowledge that any third-party websites, resources, or information you access (e.g., third-party tools) usually have their own terms and conditions, including privacy policies, over which WCM does not have control, but which will govern your access to, and your rights and obligations with respect to, the use of such websites, resources, or information.
Your Privacy and Security.
When you create an account with us, you will have the opportunity to create a username and a password to access the Site and Services. You agree that you will not provide that login information to anyone else and that you will tell us if you suspect that anyone else has obtained access to that login information. You are solely responsible for all uses of that login information and for keeping that login information confidential. WCM is not be liable for any use of your login information, and you may be liable to us if we suffer losses due to any use of your login information by any third party.
We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
WCM hereby grants to you a personal, revocable, nonexclusive, nontransferable, limited license to access, view, print, cache, and store information retrieved from the Site via a generally available consumer browser (e.g., Google Chrome), provided that you do not modify, create a derivation of, copy, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Site or Services (including the content or information therein), or obscure or remove the copyright notices or other notices displayed within the Site and Services. You shall not print, cache, store, reproduce, or distribute any of the information or other content retrieved from the Site or Services, nor use the Site and Services, in any way, for any commercial purpose without obtaining WCM’s prior written consent (and the prior written consent of any third party, as applicable).
For clarity, nothing in this Terms, on the Site, or in the Services shall be construed as conferring any rights or licenses except those set forth in these Terms, whether expressly, by implication, by estoppel, or otherwise, with respect to any intellectual property owned or licensed by WCM; and any rights not granted by WCM within these Terms are hereby reserved by WCM.
If you provide us with any comments, ideas, suggestions, feedback, proposed improvements, or similar input (in whatever form) in connection with the Site, the Services, or these Terms (collectively, “Feedback”), then you agree to irrevocably assign to WCM, free from any encumbrance, all right, title, and interest (including all copyright, patent, trade secret, and other intellectual property rights, and other proprietary rights) to the Feedback without further consideration for such assignment. To the extent that any such rights cannot be assigned by you (including moral rights, if applicable) you agree to, and hereby do, irrevocably waive any and all such rights, and will not seek to assert or enforce such rights for your own benefit.
Representations and Warranties.
You represent and warrant to WCM that:
- you are eighteen (18) years of age or older;
- when purchasing or participating in any Experiences, you meet the Purchase Criteria for such Experiences;
- if you are accessing the Site and Services on behalf of an entity, such as your company, you represent and warrant that you have the requisite authority to bind that entity to these Terms (and in that event, all references to “you” in these Terms refer to that entity);
- all information you provide to WCM in connection with your access to and use of the Site and Services (including the Submissions and any information you provide when registering for an account with WCM) is accurate, truthful, and up-to-date;
- your use of the Site and Services is and will remain in compliance with all applicable laws, rules, and regulations; and
- with respect to any Submissions: (i) you have the legal right to provide such Submissions to us; and (ii) the Submission does not violate the privacy, publicity, copyright, or other rights of any individual or entity.
Your Access and Use of the Site and Services.
As between you and WCM, you are solely responsible for procuring such equipment, software, and services (e.g., Internet access) to allow you to access the Site and Services, including payment of any fees and charges (including telecommunications charges) associated with such.
You agree that you will not:
- send automated queries of any sort to the Site without obtaining our prior written consent thereto. This includes (i) any “meta-searching”; (ii) using any software that queries our Site to determine the “rank” of our website; and (iii) performing “offline” searches on the Site;
- use the Site or Services for any purpose not expressly permitted by these Terms, including for commercial or governmental purposes;
- overburden, harm, limit, or disable the Site or Services;
- interfere with any third party’s use of the Site (including Hosts and other customers) or with the portions of the Site and Services not made generally available to the public (e.g., the “back end” of the Site);
- modify or reroute (or attempt to modify or re-route) the Site or Services;
- use the Services as or on behalf of, a member of the media (e.g., as a reporter or print journalist) or for the purposes of reporting on the persons made available to you via your purchase of an Experience;
- misrepresent your identity or impersonate any person or entity (including any other user of the Site and Services and any Host); or
- use the Site or Services to post or provide any content, or interact with any other party (including any other user, any representative of WCM, or any Host) in a manner, that that:
- harasses or advocates the harassment of anyone;
- promotes, endorses, or assists illegal activities or racism, bigotry, hatred, or physical harm;
- involves the exploitation of minors;
- involves the transmission of “spam,” advertisements, or other unsolicited communications;
- promotes or involves the illegal or unauthorized access, copying, or distribution of material protected by copyright, trademark, or other intellectual property laws;
- solicits personal information from others;
- is offensive, vulgar, crude, or otherwise inappropriate; or
- contains viruses, worms, malware, corrupted files, spyware, or similar malicious software.
Although we do not have a maximum number of transactions, transmissions, or amounts of storage used in connection with the Site and the Services, we reserve the right to set limits of such, in our sole discretion, at any time.
We reserve the right to halt (either temporarily or permanently) your access to the Site or Services (including to terminate your account) in our discretion at any time and for any reason, and to require that you delete or return to us any information that you may have in your possession. Without limiting the foregoing, we may also terminate or deactivate your account in the event that it has been dormant for an extended period of time. We reserve the right to refuse service to anyone. You may elect to terminate your account by sending us an email at email@example.com letting us know that you’d like us to terminate your account.
If either you or we terminate your use of the Site and Services, these Terms will continue to apply and remain in full force and effect.
You agree to defend, indemnify, and hold harmless WCM and its affiliates, and their respective directors, employees, agents, attorneys, third-party content providers, distributors, contractors, users, licensees, and licensors from and against all claims and expenses, including attorneys’ fees and costs, arising out of or in any way related to these Terms, the Site, or the Services, including: (a) your access to and use of the Site and Services (including any interactions with third parties such as Hosts), (b) your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms, (c) your violation of any rights of any third party, or (d) your Submissions.
Limitation of Liability; Limitation on Claims.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WCM OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR THIRD-PARTY HOSTS BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR LIQUIDATED DAMAGES (INCLUDING SERVICE INTERRUPTION, SYSTEM FAILURE, LOST DATA, THE COSTS OF SUBSTITUTE SERVICES, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, AND LOST BUSINESS) ARISING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND INFORMATION AND CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AS BETWEEN YOU AND WCM, YOU ASSUME THE ENTIRE RISK ACCESS TO AND USE OF THE SITE, SERVICES (INCLUDING YOUR PURCHASE AND PARTICIPATION IN THE EXPERIENCES), AND INFORMATION AND CONTENT THEREIN.
IN THE EVENT YOU ARE LOCATED IN A STATE OR OTHER JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OF SUCH LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH EVENT, WCM’S AGGREGATE LIABILITY TO YOU SHALL BE ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT ANY CLAIM AGAINST WCM MUST BE INITIATED WITHIN TWELVE (12) MONTHS AFTER SUCH CLAIM AROSE, OR SUCH CLAIM IS FOREVER BARRED.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “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.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 16 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WCM AND YOU.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE AND THE SERVICES, AND DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
THE SITE AND SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND NONE OF THE CONTENT OR INFORMATION ACCESSED ON OR THROUGH THE SITE IS INTENDED TO CONSTITUTE ANY FORM OF LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. WCM AND THE HOSTS AND OTHER THIRD PARTIES WHO PROVIDE MATERIAL TO THE SITE AND SERVICES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (WHETHER DIRECT OR INDIRECT) RELATING TO ANY ACTION OR INACTION YOU TAKE BASED ON THE SITE, SERVICES, INFORMATION, OR CONTENT LOCATED THEREIN.
WCM DOES NOT REPRESENT OR WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, SECURE, UP-TO-DATE, ACCURATE, OR ERROR-FREE, OR THAT THE RESULTS YOU OBTAIN USING THE SITE AND SERVICES WILL BE USEFUL, RELIABLE, TIMELY, OR THAT THE QUALITY OF THE SITE AND SERVICES WILL MEET YOUR NEEDS.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA ARISING FROM OR IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE, INCLUDING ALL SERVICES, INFORMATION, AND CONTENT YOU ACCESS THROUGH THE SITE.