Use Policy Web Site

1. Binding Agreement

Before accessing or using this Internet site: winemaponline.com (hereinafter the “Site”), which Josefina Rosner, CUIT (Individual Taxpayer Identification Number): 27-13295195-6, domiciled at Olegario V. Andrade 890, Ciudad, Mendoza, Argentina (hereinafter “JR”) makes available to you, please read carefully the Terms and Conditions of Use of the Site that are detailed below as part of this User's Binding Agreement. You shall give your full consent to the terms and conditions in order to perform any kind of action related to access, registration, subscription or acquisition of the products offered in the Site (hereinafter the “User's Agreement”).

Access to any of the Site sections and/or the ordering of any product or service through the Site implies knowledge and acceptance of this agreement by any person who accesses the Site, subscribes to receive information about the Site, registers to have access to premium information and hires the additional specialized services the Site offers, or acquires the products JR offers for sale through the Site (the “User”) with the subsequent obligation to respect the terms and conditions contained in this User’s Agreement.

This User’s Agreement covers, among other terms, the terms governing the use of this Site, the terms governing the purchase of products and services through this Site, and the terms governing trademark and copyright issues.

If you do not wish to be bound by these terms and conditions, you may not access the Site. JR has the right to amend, enlarge or in any way and to any extent modify this User’s Agreement at any time, and such modifications shall be effective immediately upon posting of the modified User’s Agreement on the Site. You agree to review this User's Agreement every time you access this Site to be aware of such amendments, enlargements and/or modifications, and your continued access or use of this Site shall be deemed your conclusive acceptance of the amended, enlarged and/or modified Agreement.
 

2. Copyrights and Trademarks

This Site and its Content (as defined hereafter) are protected by laws on copyrights, trademarks, intellectual property and/or trade secrets.

The name “Josefina Rosner”, the JR logotype, WinemapOnline and all the typography and the logotype of WinemapOnline are registered trademarks which are the property of JR and access to the Site does not imply authorization or license of use of the said trademarks. Consequently, any copying, commercial use or reproduction of the above mentioned trademarks without express authorization of JR is prohibited.

All other trademarks, product names or company names and logotypes used in this Site are the property of their respective owners. The User shall obtain express written authorization from the owners before copying or using the said trademarks, product names or company names and logotypes.

The information, data, programs, pictures, graphics, videos, music, sounds, titles or page headers, customized graphics, icon buttons and any other element and/or material contained in this Site under any format, as well as the Site as an integral whole (collectively, the “Content”), are protected by copyright, and/or trademark and/or trade secret and/or intellectual property rights.

These rights are valid and are protected by all means, media and technologies now known or developed hereafter. Likewise, this Site is protected under copyright and JR is the owner of the copyrights in regard with the selection, coordination, disposition and improvement of the whole Content. The User may not alter, remove, delete, enlarge, add, or in any other way modify, totally or partially, the Content, or publish, transmit or take part in the total or partial assignment or sale of the Content. Neither may the User create derivative works of and/or in any way exploit the Content, whether totally or partially.

JR grants the User conditional and essentially revocable permission to copy electronically and to print portions of the Content explicitly authorized by JR for:
 (1) personal use, provided the User keeps intact all copyright and trademark notices and any other warning related to property or ownership rights; (2) use the Site as a personal shopping link, provided that JR authorizes such feature and in accordance with the terms and conditions established by JR; (3) subscribe to the Site newsletters or communicate with JR in regard with JR’s products or services; (4) submit a purchase order with JR for the JR products offered through the Site; or (5) register to access the additional specialized information services that JR offers through the Site.

No other use of the materials within this Site is permitted without JR’s previous written consent, such as, but not limited to, their reproduction for purposes other than those hereby authorized, uploading of material to the Site, modification or distribution. The said authorization may be revoked by JR at any time and without prior notice.


3. Use of Personal Information and Other Data Provided by the User

By uploading any information, data, programs, pictures, graphics, videos, music, sounds and/or any other material or element to the Site and/or otherwise transmitting any information, data, programs, pictures, graphics, videos, music, sounds and/or any other material or element to JR, the User grants JR a non-exclusive, irrevocable, royalty-free, worldwide and perpetual license, with the right to, under any form, modality and/or means now known or hereafter developed, sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and/or use them in any way JR may deem convenient and to even modify them as it may deem convenient (including, without limitation, the right to incorporate them to new or improved products and/or services) by all means and in any media now known or hereafter developed. Additionally, the User grants JR the irrevocable right to use any other of their personal information now known or developed hereafter in the public areas of the Site (such as bulletin boards, forums or newsgroups), for purposes of, but not limited to, advertising, marketing and/or promotion. The User acknowledges and accepts that they shall have no recourse of any kind against JR for the use and/or utilization on the part of JR of the elements or materials mentioned above, grounded in copyright and/or intellectual property laws and/or any other legal provision or regulation.

THE USER EXPLICITLY ACKNOWLEDGES THAT BY ENTERING THIS SITE THEY GRANT JR THEIR FREE, EXPRESS AND INFORMED CONSENT FOR JR TO USE ALL OF THEIR PERSONAL DATA REGARDLESS OF THEIR NATURE AND/OR KIND, IN ANY WAY AND/OR FOR ANY PURPOSE, EVEN TO ASSIGN THEM TO THIRD PARTIES AT ANY TIME. LIKEWISE, THE USER ACKNOWLEDGES THAT THEY HAVE FULL KNOWLEDGE OF:

(i).- THE PURPOSE/S FOR WHICH THE SAID DATA WILL BE USED AND THE POTENTIAL TARGET RECIPIENTS.

(ii).- THE CONSEQUENCES OF PROVIDING OR REFUSING TO PROVIDE THE DATA.

(iii).- ANY OTHER REQUIREMENT OR SECURITY REQUIRED BY THE CURRENT LEGISLATION.
 

4. Third Party Content

THE USER ACKNOWLEDGES AND EXPLICITLY – AND WITHOUT LIMITATIONS – ACCEPTS:

i) that JR does not exert more editorial control over the Content submitted by third parties than does a public library or newsstand. Consequently, JR disclaims any liability for any opinions, advice, statements, services, or other information incorporated as Content by the User or any third party to the Site.

ii) that JR does not guarantee the accuracy, integrity or usefulness of such Content nor is JR liable for any loss or damage of any kind incurred as a result of its use, and it is the sole responsibility of the User to evaluate the accuracy of such Content.

iii) that the User shall comply with any current regulations applicable to the Site Content, including, but not limited to, that related to the protection of personal information.
 

5. Compliance with the Law and General Regulations

This Site shall only be used for lawful purposes. Any activity whatsoever which infringes any law, rule or regulation is prohibited. The User shall not post or transmit through this Site any material which is unlawful, harmful, threatening, offensive, harassing, defamatory, vulgar, obscene, sexually explicit, disrespectful, hateful, racist or ethnically objectionable, or any other kind of objectionable or discriminatory material which encourages a conduct that constitutes a criminal offense, results in civil liability or otherwise infringes applicable laws.

Any behavior on the part of the User is prohibited which, at JR’s sole and exclusive discretion, infringes third parties’ copyrights, or restricts or inhibits any other user from using or enjoying the Site.

Furthermore, any form of behavior, communication or Content is prohibited which is (i) harmful or objectionable in any way with respect to individual users and/or with respect to JR or its affiliates or related parties, (ii) an infringement to any of JR or any third party's rights, or (iii) an infringement to this User's Agreement and/or applicable laws.

The determination of the above cases shall be subject to the exclusive discretion of JR. Notwithstanding, JR may not ensure the immediate edition or removal of the questionable Content once the same has been published. Therefore, neither JR nor any of its affiliates and/or related parties, officers, directors, employees or their representatives, shall assume responsibility for any action or omission with respect to the behavior, communications or Contents of the users of this Site.

The User knows that there exist or may exist pages, links or sections in the Site of restricted access or use, which may only be entered by using a password. In this respect, the User acknowledges that they shall be solely responsible for the administration of the passwords they have or obtain for access to such sections, and that JR shall not be responsible for the manner in which the User, or anyone he determines, uses the restricted access or use pages, links or sections in the Site. The User also undertakes not to enter or try to enter restricted or limited access sections which they are not authorized to enter.

The User undertakes to comply with the policies established or referred to in this Site.
 

6. Warranties and Limitation of Liability

The User acknowledges and accepts that their use of this Site is under their own and exclusive risk. Neither JR nor any of its officers, directors or employees, agents, content suppliers, sales representatives, licensees, or similar persons, warrant that this Site will work without interruptions, failures and/or errors, nor do they guarantee the results that may be obtained from using this Site, or the accuracy, reliability, quality or validity of the information, the Content, or the service or merchandise provided through the Site.

JR OFFERS THIS SITE AND ITS CONTENT AS IS, AS AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE OR ITS CONTENT. JR HEREBY DENIES ANY REPRESENTATION OR WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES SUCH AS COMMERCIAL VIABILITY, FITNESS FOR A PARTICULAR PURPOSE, ETC. NEITHER DOES JR REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE IN OR THROUGH THIS SITE IS ACCURATE, COMPLETE, RELIABLE AND/OR VALID, AND ALL THE INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGES WITHOUT PRIOR NOTICE.

The User acknowledges and accepts that neither JR nor its employees or representatives are responsible for damages that may arise or result from use of this Site, including any error, omission, interruption, failure, deletion of files or e-mail addresses, defects, viruses and/or delays in operation, transmission and/or of any other kind. The User acknowledges and accepts that this is a broad limited liability provision which applies to all damages regardless of their kind, including compensatory damages, direct or indirect; loss of data, income or earnings; harm, loss of or damage to third party property and/or claims.
 

7. Privacy Policy

Notwithstanding the provisions set forth above for this User’s Agreement and the authorizations granted by the User, JR respects Site users’ right to privacy of information, electronic communications in general and applicable laws on the matter.

The User may from time to time provide information related with their tastes, appraisals or preferences. JR may use the User’s personal information profile to create personalized content, services and advertising about or related with JR or with offers of products and services provided by JR. JR may also use the User’s personal information profile to create aggregate reports.

Notwithstanding the foregoing and in accordance with applicable laws, JR: (1) fully cooperates with national, provincial, municipal, and international governmental authorities in any investigation related with the Content, including electronic communications, whether  personal or private, transmitted to JR in and/or through this Site or presumably unlawful activities of any user; and (2) makes its best effort in order to take reasonable measures to protect its property or ownership rights. For the specific purposes of obtaining such cooperation or taking such measures, and, in accordance with applicable laws, JR may be required to provide certain personal information pertaining to users. Likewise, JR may decide to inspect the sections of this Site to which Users may submit materials, and may disclose any Content, files or records, or electronic communications of any kind in order to satisfy any governmental law, regulation or requirement, provided that the said disclosure is necessary or appropriate for JR’s operation and development, or to protect JR or other people’s property or ownership rights; the User is hereby notified and accepts this extreme.
 

8. Access Termination. Survival of Clauses.

8.1. In case the User fails to comply with any of the terms hereof, JR may, at any time, terminate or discontinue the access of the User to the whole or part of this Site, without prior notice or incurring in any liability.

Notwithstanding the provisions of the preceding paragraph, JR may, at any time, without prior notice and without alleging cause, discontinue or terminate the User’s access to the whole or part of this Site, and this shall not give rise to any right of claim or compensation whatsoever. Neither the termination nor the discontinuity of access, nor any action or inaction on the part of the User, shall cause the termination of the provisions of this User’s Agreement. The said Sections shall remain in full force and effect indefinitely, only subject to any change that JR may introduce according to Section 1 of this User’s Agreement.

8.3. In the case of Users who are registered to the Site with access to specialized information or premium access, and have paid an amount of money for such service, JR shall send them notification of the said access discontinuity or termination 48 working hours in advance. In any case, JR shall not be required to reimburse any amount that has been paid, and the User shall discontinue any direct debit, Paypal or any similar mechanism they may have arranged for the payment of the service. In this respect, JR shall not take responsibility for any delay in, or the impossibility of, reimbursement of the paid funds due to the service policies of banks, credit card companies or Paypal service providers that have been involved in the above mentioned process.
 
9. Changes to the Site

This Site and its Content are subject to changes without prior notice.
 

10. Links to Other Sites

This Site may contain links or have access to connection with web sites or pages of third parties, and these in turn to others (Linked Sites). Linked Sites are not under the control of JR, who is not responsible for the contents therein, and the User assumes full responsibility for such connections or links, direct or indirect, as well as for the contents in the Linked Sites, their changes and updates.

JR is especially, but not exclusively, excluded from any responsibility for webcasting or any transmission of any kind received from any Linked Site, or for the incorrect or unlawful operation of the Linked Site. JR offers the links for the User to evaluate their own convenience in using them, but it does not imply that JR endorses, or in any way supports or is associated with them. The User undertakes, upon entering the Linked Sites, to observe the rules and policies thereby set forth.

JR has no responsibility, and the User specifically relieves JR of any obligation referred to any compromise or agreement (including publicity or advertisements) that the User, without the specific participation of JR (whether or not through Linked Sites), assumes with third parties, even if it were in relation with the User’s participation in promotions, including or not the shipping of merchandise or services.

11. Miscellaneous

This User’s Agreement shall be governed and construed in accordance with the laws of the Argentine Republic. The User agrees that, any legal action or proceeding between JR and the User for any purpose concerning this User’s Agreement or this Site or the parties’ obligations hereunder shall be brought exclusively in the ordinary courts of the Province of Mendoza, with express waiver of any other jurisdiction to which they might have recourse. The failure to insist upon or enforce strict performance of any of JR’s provisions or rights under this User’s Agreement shall not be construed as a waiver of any such provisions or rights on the part of JR. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this User’s Agreement. JR may assign its rights and duties under this User’s Agreement to any party at any time without notice to the User.