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.
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 April 20, 2017.
- 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 time.
- 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).
- Ownership of Data and Content of Website WineAuctionPrices has expended significant resources gathering, assembling, compiling and updating the data and content contained on its website and such data and content is the sole and exclusive property of WineAuctionPrices. By subscribing to this website, you hereby agree to use such information and data contained on this site for personal uses only and shall not reproduce, republish, sell, license or share such data or content for commercial purposes without the prior written consent of WineAuctionPrices. For this purpose, "commercial purposes" shall be defined as the use of such data or content in any manner, directly or indirectly (including through 3rd parties or agents) for the purpose of producing a profit OR to enhance, support, advertise, or promote the activities of a commercial enterprise, whether engaged in such activity "for profit" or "not for profit".
- Release. 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 Information:
- 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.
- 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 state.
- 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.
- OUR 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. You shall 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 Cook County, Illinois, 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 Cook County, Illinois 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 Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois 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 120 N. LaSalle Street, Suite 2000, Chicago, IL 60602. If you are an Illinois 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 Office of the Illinois Attorney General, Consumer Protection Bureau may be contacted in writing at 500 South Second Street, Springfield, IL 62701, or an online complaint may be filed at the following website address: http://www.illinoisattorneygeneral.gov/consumers/filecomplaint.html.
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.
Our site's 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.
Your 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 3rd parties.
This site contains links to other sites. WineAuctionPrices.com is not responsible for the privacy practices or the content of such Web sites.
Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address).
Our online 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.