Terms Of Service
Terms of Service, Content Submissions, Copyrights, Privacy Notice and Agreement
Thank you for visiting and using our website and reading this agreement and notice. This Agreement and notice was last updated on September 1, 2012 and is effective immediately. We reserve the right to change these Terms of Service or to impose new conditions on use of the website, from time to time, in which case we will post the revised Terms of Service on this website and update the “Last Updated” date to reflect the date of the changes.
Please read this carefully. It represents your legally binding agreement with us (“Agreement”) regarding your use of our website, any purchases and your submissions (and our display and distribution) of content to the website via technology, functionality and/or features we make available to you so you can read, upload and post content for display via the website.
IMPORTANT NOTE: To view and/or use this website, you must meet the Age Requirement of being at least 21 years old.
THIS WEBSITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
We are an Internet Service Provider. We are not responsible for and do not necessarily hold the opinions expressed by our Content Contributors: Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Great Wine News or Patrick Media Group, LLC or their affiliates. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our website, Great Wine News or Patrick Media Group, LLC or their affiliates are not undertaking any obligation or liability relating to the content. Great Wine News and Patrick Media Group, LLC and their affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Great Wine News and Patrick Media Group, LLC and their affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Great Wine News and Patrick Media Group, LLC and their affiliates reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, GREAT WINE NEWS AND PATRICK MEDIA GROUP, LLC, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE.
We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to our site. We have no control over such services, and you agree that we are not responsible for the availability of such external services or products, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, products or services available on or through such services. If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant may have privacy and data collection practices that are different from ours. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Great Wine News, Patrick Media Group, LLC, or any of their Affiliates, any of their successors and assigns. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods, products or services associated with or obtained in connection with any such site, whether or not Great Wine News’, Patrick Media Group, LLC or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
Visitors from outside the United States. The website’s offices are located in the United States. If you visit the site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the website may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the website or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
Submitting User Content:
When you submit User Content, or by using or attempting to use Content Submission Features, you are signifying your agreement with and acceptance of all terms and conditions of this Agreement that govern your legal and contractual relationship with Great Wine News and Patrick Media Group, LLC. When you submit User Content you may also be asked to provide some information about you and your submission. This may include such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term “User Content” also includes and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
The term “User Content” means and refers to any and all content, media and materials you submit for posting on our Site using the User Content Submission Features, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in any part of the world.
Submitted Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Content does not reflect the views of Great Wine News and neither Great Wine News, nor Patrick Media Group, LLC or the Affiliates represent or guarantee the truthfulness, accuracy, or reliability of any User Content, nor endorses or supports any opinions expressed in any User Content, and except for any attempts we may make to prevent Unauthorized Content from being displayed. In no event shall Great Wine News or Patrick Media Group,LLC or their Affiliates have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Age Requirement or our Content Requirements or if, in our judgment, you or anything you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the User Content Submission Features or any User Content are appropriate for any particular purpose or audience, or that any video, software or our User Content Submission Features may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as Great Wine News and Patrick Media Group, LLC deems appropriate, any “Unauthorized Content” which is defined as any User Content that is or could be construed as violating any of the terms and conditions of this Agreement, without limitation:
- infringing on a third party’s copyright or other intellectual property rights;
- causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our website;
- unauthorized access to the User Content Submission Features or information of other users;the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the User Content Submission Features; or
- any requirements, rules, terms or conditions that may be applicable to the User Content Submission Features.
Neither Great Wine News nor Patrick Media Group, LLC or their Affiliates control any User Content submitted although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our website. Great Wine News and Patrick Media Group, LLC reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to Great Wine News or Patrick Media Group,LLC or Affiliates, for any reason or for no reason whatsoever; provided, however, that Great Wine News and Patrick Media Group, LLC shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If Great Wine News or Patrick Media Group, LLC receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law, we may remove User Content associated with such claim. Great Wine News and Patrick Media Group, LLC reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
User Content Rights Granted to Great Wine News and Patrick Media Group, LLC
In connection with all User Content you submit using the User Content Submission Features, you grant to Great Wine News and Patrick Media Group, LLC and their Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the website and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Great Wine News and Patrick Media Group, LLC and Affiliates , in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to Great Wine News and Patrick Media Group, LLC and their Affiliates, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting Great Wine News and Patrick Media Group, LLC and their Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Great Wine News and Patrick Media Group, LLC and Affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Great Wine News and Patrick Media Group, LLC and their Affiliates, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to Great Wine News and Patrick Media Group, LLC and their Affiliates, shall commence immediately upon submission of you User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Great Wine News or Patrick Media Group, LLC on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither Great Wine News and Patrick Media Group, LLC or their Affiliates , shall be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Great Wine News or Patrick Media Group, LLC may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Great Wine News and Patrick Media Group, LLC or their Affiliates. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted to you for approval prior to use.
You hereby release Great Wine News and Patrick Media Group, LLC and their Affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Great Wine News and Patrick Media Group, LLC and their Affiliates, have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future.
Ownership of Submissions
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, Great Wine News and Patrick Media Group, LLC acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content. Great Wine News and Patrick Media Group, LLC is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing Great Wine News and Patrick Media Group, LLC or their Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the website), neither we, or our Affiliates have any obligation to do any of these things.
You must own the rights to the User Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to Great Wine News and Patrick Media Group, LLC and, by submitting User Content, you reaffirm each such representation, warranty and covenant, that (a) you are 21 years old or older and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and condition, (b) all of the information provided by you associated with your User Content is correct, complete and current, (c) your submission of any User Content does not violate this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described. Upon the request of Great Wine News or Patrick Media Group, LLC, you will furnish us any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants. You represent and warrant that the submission of your User Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement. You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
Great Wine News and Patrick Media Group, LLC retain all right, title and interest in and to the User Content Submission Features, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Service.
Great Wine News and Patrick Media Group, LLC reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the website, the User Content Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your submissions may be displayed on or otherwise used by or in connection with the Site, the User Content Submission Features or other Platforms.
Your indemnification obligations include, without limitation, any third party claims arising from, related to or caused by your User Content, the submission of User Content and/or in any way associated with this Agreement and/or the Site.
Disclaimers and Limitation of Liability
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. GREAT WINE NEWS AND PATRICK MEDIA GROUP, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
You are not required to provide information directly to us in order to view the Site. However, when you use certain Site functions, such as when you register or purchase services or products, access certain content or features, or directly contact the Site, we may ask you to provide information, including:
- contact information, such as name, email address, postal address, phone number, and mobile number;
- username and password;
- information posted in community discussions and other interactive online features;
- search queries conducted on the Site; and
- correspondence you send to us.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Great Wine News and Patrick Media Group,LLC are in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
If you make a purchase from a merchant on our Site, or on a third-party website that you have accessed via a link on our website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant may have privacy and data collection practices that are different from ours.
There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with many of these types of Promotions.
We use the Other Information we track from Users in a variety of ways, including:
- Keeping count of your return visits to the Site.
- Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
- Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
- Preparing statistics reports;
- Allowing you to participate in the public areas and/or other features of the Site;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
- Saving certain Other Information for use on your return visits to the Site;
- Otherwise to maintain and administer the Site
If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
1. A statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
3. The country or countries to which your copyright applies;
4. A description of the way in which the copyright material has been infringed;
5. A description of where the material that you claim is infringing is located on our services (including a URL and screen shot);
6. Your address, telephone number, and email address so that we may get in contact with you;
7. A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
9. An electronic or physical signature (which may be a scanned copy) of the copyright owner.
A complaint can be submitted by:
- Sending a letter to us at: Patrick Media Group,LLC 3104 East Camelback Road Suite 580 Phoenix, Arizona USA 85016
- Calling us and providing the items 1 – 9 details. Our phone number +1-602-852-0283
- Email us at jcp[at]patrickmediagroup.com providing the items 1 -9 in your email.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice. This “notice and takedown” process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith.
Any Dispute Between Us Will be Governed by Arizona, USA Law: These Terms and Conditions shall be governed by the laws of the United States and the State of Arizona, applicable to agreements made and to be performed therein without regard to conflict of laws principles.