Welcome to CatchWine.com ("CWC"). The mission of CWC is to provide information about wine and wineries, as well as provide a community to allow winery visitors to express their opinions about visits in the form of reviews (the "Services"). To provide the Services, we have to set out some ground rules in this document (the "Terms"). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.
The CWC may change the Terms from time to time, at CWC's sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CWC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CWC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with CWC ("CWC Account"). You represent and warrant that all information provided by you to CWC is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of CWC Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and CWC Account(s). You understand and agree that you a fully responsible for all actions and postings made from your CWC Account(s). Any accounts you create are not transferrable. You agree to notify CWC immediately if you become aware of any unauthorized use of your CWC Account(s).
CWC reserves the right to terminate your CWC Account or restrict access to your CWC Account, or to delete any content posted through your CWC Account, with or without notice, for any or for no reason, and without any liability to you.
You understand that material made available by CWC is a product of a community effort and does not necessarily represent the view of CWC. The CWC assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
You understand that CWC has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that CWC endorses or is affiliated with any third-party website. You agree that CWC bears no responsibility or liability for any content accessed or harm caused from any third-party website.
Attribution-Noncommercial-Share Alike License
Except where otherwise noted, any and all content contributed by you to the Services or this website is submitted under a Creative Commons Attribution-Noncommercial-Share Like 3.0 License.
By posting or contributing content using these Services, you are granting CWC a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
Contributed content should be relevant to the subject scope of CWC. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
The CWC does not pre-screen or regularly review any contributed content, but CWC has the right (though not the obligation) to remove, without notice, any content posted which CWC considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. The CWC may terminate any account, with or without notice, for posting such content.
User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
You acknowledge and agree to indemnify and hold CWC and Michael Matczynski, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Please read our Privacy Notice, which is incorporated herein by reference.
The CWC reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
Termination of Service
The CWC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. The CWC reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
Extent of Terms
The Terms apply to use of and contribution to CWC website and any account provided therefore. The CWC may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
No Waiver of Terms
Failure of CWC to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Last updated on October 6th, 2008