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ViniQ Terms and Conditions

1. Introductions

Thanks for choosing ViniQ (“ViniQ”, “we”, “us”, “our”). By using the ViniQ service, websites, or software applications, you are entering into a binding contract with Vin IQ Northbay Beach (”ViniQ”) (org 969766-9605). Your agreement with ViniQ includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy.

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the ViniQ Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Technology limitations and modifications

ViniQ will make the most reasonable efforts to keep the ViniQ Service operational. However, certain technical difficulties, acts of god or maintenance may, from time to time, result in temporary interruptions. ViniQ reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ViniQ Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the ViniQ Service or any function or feature thereof. You understand and agree that ViniQ has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

4. Warranty

We endeavor to provide the best service we can, but you understand and agree that THE VINIQ SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE VINIQ SERVICE AT YOUR OWN RISK. VINIQ DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You understand and agree that ViniQ is not responsible or liable for any transactions between you and third-party providers of any services or other goods. ViniQ is using third party service providers for securing the ViniQ Services, security and performance. ViniQ takes no responsibility for performance, security, backup or export of the information you are using with the ViniQ Services. It is your full responsibility to secure data backup and export of the information you are using with the ViniQ Services. ViniQ owns the full right to use information and statistics from your usage of ViniQ Services.

5. Licence and assignment

The ViniQ Service and the content provided through it are the property of ViniQ. This Licence shall remain in effect for a period of 20 years unless terminated by you or ViniQ.

The ViniQ software and web applications are licensed, not sold, to you, and ViniQ retains ownership of all copies of the ViniQ software applications even after installation on your Devices. ViniQ may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

All ViniQ trademarks, service marks, trade names, logos, domain names, and any other features of the ViniQ brand are the sole property of ViniQ. This Licence does not grant you any rights to use the ViniQ trademarks, service marks, trade names, logos, domain names, or any other features of the ViniQ brand, whether for commercial or non-commercial use.

6. Limitations and Restrictions

Except as specifically provided herein, you may not, in whole or in part: (a) copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Service; (b) reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Service or any part thereof, except as otherwise permitted by law; (c) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Service or any part thereof to third parties; or (d) use the Service to act as a service bureau or application service provider, or to permit remote access to the Service to any third party. Nothing in these Terms shall give you the right or license to use any trademarks used in connection with the Service, including without limitation "ViniQ" and/or any marks of ViniQ's providers or suppliers.

7. Third Party Materials

THE PORTION OF THE SERVICE TITLED "TASTING NOTES" IS AVAILABLE SOLELY FOR YOUR OWN PRIVATE, NONCOMMERCIAL USE, AND IS NOT FOR USE BY OTHERS. You may post limited excerpts of Third Party Materials only to your own "Tasting Notes" section of the Service, provided that you are authorized to receive, access and use such Third Party Materials and comply with all terms and conditions imposed by the third party copyright owner for such use, such as reproducing applicable proprietary notices or other requirements. ONLY THE COPYRIGHT OWNER IN THE THIRD PARTY MATERIALS CAN AUTHORIZE THE USE, DISPLAY, REPRODUCTION OR DISTRIBUTION OF THIRD PARTYMATERIALS.
a.) You may not post, input or copy (whether literally or in paraphrase) any Third Party Materials, in whole or in part, on any other portion of the Service, and you may not rent, loan, sub-license, lease, distribute or otherwise attempt to grant access to such Third Party Materials to any third parties. You shall not attempt  to gain access to Third Party Materials posted by another user.
b.) You represent and warrant that you have the right to receive, access, use and post such Third Party Materials on the Service and to transmit to and authorize ViniQ to use the Third Party Materials for the purpose of providing the Service to you.

8. Contributions
a.) You acknowledge and agree that your Contributions, including without limitation, postings in "Tasting Notes" and user forums, will be accessible by other ViniQ users.
b.) ViniQ does not screen Contributions in advance and is not responsible for screening or monitoring information or material posted by users or any other person or entity. If notified by a user of Contributions that are alleged not to conform to these Terms, ViniQ may review the claim and determine in its sole discretion to remove or request the removal of the Contributions. ViniQ reserves the right to remove Contributions that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms. ViniQ reserves the right (but is not obligated) to edit or delete any Contributions posted on the ViniQ Service, regardless of whether such Contributions violate these standards for Contributions.
c.) ViniQ reserves the right (but is not obligated) to monitor, edit, disclose or record any type of Contributions for adherence to these Terms. ViniQ may exercise these rights if required, in the course of normal operations and maintenance of the Service, or by law or in the good faith belief that such action is necessary to: (i) comply with the law or with legal process served; (ii) protect and defend the rights of ViniQ or others; or (iii) act in an emergency to protect the personal safety of our users or the public or to protect the operation or integrity of the ViniQ infrastructure. VINIQ HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
d.) By posting Contributions, you are granting to ViniQ and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Contributions by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now or hereafter known.
e.) You represent and warrant that you have the right to transmit to and authorize ViniQ to use the Contributions and all information, materials, data or records that you provide to ViniQ in connection with the Service as set forth in hereunder.

9. Acknowledgment of Understanding - Entire Agreement

You acknowledge that you have read these Terms, understand them and agree to be bound by them. You also agree that these Terms are the complete and exclusive statement of the agreement between ViniQ and you and supersede all proposals, representations or prior agreements, oral or written, and any other communications between ViniQ and you relating to the subject matter of these Terms. These Terms may not be amended, except by an agreement in writing which is signed by authorized representatives of ViniQ and you.

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