Introduction

Welcome to WineSpeed digital services. These Terms of Service govern your use and enjoyment of our digital services, including WineSpeed.com (the “Site”), e-newsletters, and any content found on the Site (collectively and individually, “WineSpeed”).

Intellectual Property

You agree not to use any part of WineSpeed for any unlawful purpose. We reserve the right to terminate or restrict your access to WineSpeed if, in our opinion, your use of these products may violate any laws, infringe upon another person’s rights or violate these Terms of Service. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, law or is otherwise vulgar or offensive.

All information, content, services and software displayed on, transmitted through, or used in connection with WineSpeed is licensed or owned by Karen MacNeil & Co. and/or its affiliated companies, licensors and suppliers, and is protected by U.S. and international intellectual property laws.

You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to WineSpeed.com, you may do so provided you agree to cease such link upon request from Karen MacNeil & Co. All rights not expressly granted are expressly reserved.

You may not republish any portion of the Content in print or electronic media. You may not incorporate the Content in any database, compilation, archive or cache. You may not distribute or participate in the distribution of any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape, cut and paste or otherwise copy our Content without permission. You also agree not to decompile, reverse engineer or disassemble any software, digital service or other products or processes accessible through WineSpeed, not to insert any code or product or manipulate the Content in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

WineSpeed and WineSpeed.com are trademarks of Karen MacNeil & Co. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

WineSpeed Subscription

As a Subscriber of WineSpeed, you accept responsibility for all activities that occur under your account or password. You also agree not to sell, transfer or assign your Subscription or any Subscription rights. We reserve the right to terminate your Subscription if individuals from more than one household access WineSpeed using any single user name or password. If you believe someone has accessed WineSpeed using your user name and password without your authorization, email us immediately at winespeed@karenmacneil.com.

Your subscription (thank you!) is for one year; partial refunds are not available. Your subscription will renew automatically after one year at the regular (non discounted) rate. However, we will alert you a month ahead of the end of your subscription in the event you no longer want to continue to receive WineSpeed. Thank you so much for your support!

User-Provided Information and Content

By providing information to, communicating with, and/or placing material on WineSpeed, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of WineSpeed.com that specifically allow unique, fictitious names).

Posting Rules

We reserve the right to remove any content posted on our site at any time for any reason. Please do not post material that:

• contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
• is defamatory, libelous, obscene, pornographic, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, or otherwise illegal material.
• violates any right of WineSpeed or any third party.
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
• interferes with any third party’s uninterrupted use of WineSpeed.
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
• uploads copyrighted or other proprietary material of any kind on WineSpeed without the express permission of the owner of that material.
• uses or attempt to use another’s account, password, service or system except as expressly permitted by the Terms of Service.
• uploads or transmits viruses or other harmful, disruptive or destructive files.
• disrupts, interferes with, or otherwise harms or violates the security of WineSpeed, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through WineSpeed or affiliated or linked sites.
• “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

Communications with Third Parties

Your dealings or communications through WineSpeed with any party other than WineSpeed are solely between you and that third party. For example, certain areas of WineSpeed may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will WineSpeed be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

During your visit to WineSpeed, you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. WineSpeed is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitation of Liability

While WineSpeed uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. WineSpeed does not represent or warrant that use of any Content will not infringe rights of third parties. WineSpeed has no responsibility for actions of third parties or for content provided or posted by others.

Miscellaneous

WineSpeed reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. If any of these rules or future changes are unacceptable to you, you may cancel your WineSpeed membership by sending an email to: winespeed@karenmacneil.com.

WineSpeed may modify, suspend, discontinue or restrict the use of any portion of WineSpeed, including the availability of any portion of the Content at any time, without notice or liability. WineSpeed may deny access to any person or user at any time for any reason. In addition, WineSpeed or Karen MacNeil & Co. may at any time transfer rights and obligations under these Terms of Service to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires WineSpeed or any of their assets.

Applicable Law

These Terms of Service will be governed by and construed in accordance with the laws of the California.

The failure of WineSpeed to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.