TERMS AND CONDITIONS
Terms of Use
EFFECTIVE DATE: OCTOBER 10, 2022
Welcome to Unwine Inc., its affiliates, or its subsidiaries (collectively “Unwine,” “us,” or “we”). These Terms of Use (“Terms”) govern your use of our websites, applications, and other products and services that include an authorized link to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
Please consult our Privacy Policy for Information regarding our privacy practices.
Certain Services are provided to you free of charge, while other Services, including wine sold and events, are part of our trading system. If you choose to purchase any products, please also review such Service’s Terms of Use, in addition to all of the other provisions of these Terms.
1. Changes
These Terms are effective as of the Effective Date above. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service.
We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be linked from each of the Services. If you do not agree with any changes to these Terms, your sole remedy is not to use the Services. If you continue to use the Services after we change these Terms, you accept all changes.
2. Disputes; Arbitration
If you have any dispute with or claim against us or any of our affiliates, or if we have a dispute with or claim against you, in either case arising out of or relating to the Services or these Terms (a “Claim”), and the Claim is not resolved by calling our Customer Service department at customerservice@unwine.online, you and we each agree to attempt to resolve such Claim first through informal negotiation. If we do not resolve the Claim through informal negotiation, the Claim shall be resolved through binding arbitration or an individual action in small-claims court in the U.S. county (or parish) of your residence or in San Francisco, California. If neither of us chooses to resolve the Claim in small-claims court, or the small-claims court determines that it lacks jurisdiction to resolve the Claim, the Claim must be resolved solely and exclusively by binding arbitration. Class arbitrations and class actions are not permitted under any circumstances. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and we are each waiving the right to a trial by jury or to participate in a class action or class arbitration. This Section 2 shall survive termination of these Terms or any subscription that you may have to any of the Services.
Before you or we commence an arbitration or file a small claims court action with respect to a Claim, you must first send to Unwine Inc. written notice of your Claim or we must send a written notice of our Claim to you (“Notice”). Your Notice must (1) be sent by certified mail; (2) be addressed to Unwine Inc, Attn: Legal Department, USA-6595 Roswell Road, Atlanta GA 30328; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the Claim within 30 days after you receive a Notice of Receipt of the Claim, either you or we may commence an arbitration or file a small claims court action to resolve the Claim.
Any such arbitration shall be administered by the JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”). Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at http://www.jamsadr.com. In circumstances in which the JAMS Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in San Francisco, California. Payment of the parties’ costs and fees owed to JAMS will be determined by the JAMS Rules and fee schedule and will be subject to any limitations on the costs and fees owed by you under the JAMS Consumer Arbitration Minimum Standards. You and we agree that, under JAMS Comprehensive Rule 6(e), any arbitration commenced by you or by us shall be consolidated with any other arbitration(s) submitted to JAMS if and only if the arbitrations: (a) involve the same legal claims or causes of action; (b) involve common issues of fact and law; (c) were filed by the same attorney(s) or law firm, and (d) are at a similar procedural stage. However, class or representative arbitrations are not permitted under any circumstances.
3. Additional Terms
Additional terms may apply to your use of certain Services. We will provide these terms to you or post them on the Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
4. Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit the use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including the unauthorized use of your account.
5. Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data, and other content associated with Unwine (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark, or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Unwin, Unwine will retain all rights, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 5(a) or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 5(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing, or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, social media posts, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. When expressly authorized by us in writing, provided you do not use it on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content or any content described in (i). As determined by us in our sole discretion, we reserve the right to prevent you from using any of Unwine products, footage, or any product deriving from Unwine on any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please email us.
c. Dated Materials
6. Legal Complaints
We respect intellectual property rights. If you believe that Content infringes your copyright, please email our legal department: legal@unwine.online.
7. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user-generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Unwine and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
The User Submission may still exist in our backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want to be protected from others.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant Unwine the license above and that your User Submissions do not violate Section 11.
8. Third-Party Content
We may provide third-party content (including advertisements) or links to third-party websites on the Services. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.
9. Unsolicited Submissions
We do not accept unsolicited submissions, including scripts, storylines, articles, suggestions, ideas, or concepts.
10. Indemnification
You will defend, indemnify and hold harmless Unwine, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, or other representatives and all of their successors and assigns (collectively, the “Unwine Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of Unwine /events and opportunities. Unwine retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 10 without Unwine’s prior written approval.
11. Disclaimers; Limitation of Liability
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy, subject to your right to make certain choices about our use of your personal information as described in the Privacy Policy.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use the contact instructions posted on the Service at which you obtained the account. If you are a subscriber of a fee-based Service, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 7 of these Terms.
Sections 2, 7, and 11-17 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
12. Governing Law, Venue, and Jurisdiction
These Terms and all claims between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the United Nations Convention on Contracts for the International Sale of Goods, if applicable or the Laws of the country in which the dispute arises.
With respect to any disputes or claims not subject to arbitration or small claims court (as set forth in Section 2 above), you agree to the jurisdiction of the court of any of the participating countries in which Unwine is operating and is represented.
Regardless of any statute or law to the contrary, you must file any claim or action related to the use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
13. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court orders, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy, subject to your right to make certain choices about our use of your personal information as described in the Privacy Policy.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use the contact instructions posted on the Service at which you obtained the account. If you are a subscriber of a fee-based Service, you must first cancel your subscription before you will be able to delete your account. Any User Submissions you made while using the Services will continue to be governed by Section 7 of these Terms.
Sections 2, 7, and 11-13 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
Need help?
Contact us at info@unwine.online for questions related to the Terms and Conditions.
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