Limitations of Use
Your license to access and use the WineSofa Site, and any information, materials and documents included on it, is subject to the following prohibitions and restrictions on use: a) You may not copy, reproduce, distribute, display, republish, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, recording, photocopying, or otherwise, without the express prior written consent of WineSofa; b) You may not use the Site or any materials obtained from it to develop, or as any component of, any kind of information, storage and retrieval system, database, information base or similar resource (in any media already in existence or subsequently developed) which is meant for commercial distribution of any kind, including through sale, license, lease, subscription, rental, or any other commercial distribution mechanism. You may also not “mirror” on any other server any material included on this Site. The unauthorised use of any content from this Site may violate the laws of privacy and publicity, copyright and trademark laws, and communications regulations and statutes. Elements of the website licensed by WineSofa, including but not limited to, design elements and code, are governemd by these same conditions.
Access to Service
Use of automated or manual software, devices or other processes to “spider” or “crawl” any web pages included on the Site is strictly prohibited. You agree not to monitor or copy, or permit others to monitor or copy, our web pages or any of their content. In addition, you agree not to “frame” or otherwise simulate the function or appearance of this Site. Moreover, you agree not to take any actions which may interfere with the proper working of or place an unreasonable burden on our infrastructure, including but not limited to, unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.
Links to Third-party Sites
In addition, you agree that you shall not: (I) submit material which is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are in possession of such rights or have permission from their rightful owner to post the material and to confer on WineSofa all the license rights granted herein; (II) submit material that is unlawful, threatening, pornographic, obscene, defamatory, libelous, harassing, hateful, ethnically or racially offensive, or that may encourage behaviour considered a criminal offense, give rise to civil liability, violate any law or that is otherwise inappropriate; (III) post any advertisements or solicitations for business: (IV) impersonate another person.
Public Comments and Forums
WineSofa may make such resources as online message and commentary boards, forums, blogs and personal profile pages available to users. Please bear in mind that any such information that you choose to provide in these areas becomes the property of WineSofa in accordance with our Terms and Conditions, and that we may use such information in any way we deem fit. Such information can then also be accessed in the public realm. Therefore, you should exercise caution about what personal information you disclose when using these areas of our Site or if you upload material of any nature to the Site.
Repeat Infringer Policy
Further to the Copyright Directive (2001/29/EC) and other applicable laws, it is WineSofa’s policy to terminate, in appropriate circumstances and at WineSofa’s sole discretion, the access of members considered to be repeat infringers. WineSofa may also at its sole discretion restrict access to the Site and/or terminate the membership of any user who infringes the intellectual property rights of others, regardless of whether there is any repeat infringement.
Disclaimer of Warranties
WineSofa, its affiliates, providers and their respective officers, directors, employees, agents, independent contractors or licensors (collectively the ‘WineSofa parties’) offer no guarantee for the accuracy, adequacy, reliability, timeliness, completeness or usefulness of any of the content and WineSofa accepts no liability for any errors or omissions in the content.
This site and all of the content is provided ‘as is’ and ‘as available’, without any warranty, express or implied, including the implied guarantees of merchantability, fitness for a particular purpose, title or non-infringement. Moreover, no guarantees are made regarding the results of your use of the content. WineSofa parties do not guarantee that the site is free of viruses or other harmful elements. This does not affect those warranties incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
WineSofa may discontinue or alter the content and Site at any time without any prior notice and without any liability to you. Any dated information is published as of its date only, and WineSofa parties have no obligation or responsibility to amend or update any such information. WineSofa reserves the right to end any or all site offerings or transmissions without prior notice to you. There may be technical inaccuracies or typographical errors on this Site. You use this site at your own risk.
Limitation of Liability
WineSofa parties will under no circumstances be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or of any other kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party the content, the Site or any third-party site to which this Site is linked, or in connection with any performance failure, error, interruption, omission, defect, transmission or operation delay, computer virus, or line or system failure, even if WineSofa parties, or representatives thereof, are advised of the possibility of such losses, damages or expenses. WineSofa is not liable for the defamatory, illegal or offensive conduct of any user. Your sole remedy in the case of dissatisfaction with this Site is to refrain from using it. Should your use of materials from this Site result in the necessity to service, repair or correct equipment or data, such costs shall be borne by you. Should the foregoing limitation be found invalid, you agree that WineSofa parties’ total liability for all losses, damages, or causes of action of any nature or kind shall be limited to the greatest extent permissible by the applicable law.