Effective 1 June 2007
3. ACCESS INFORMATION. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your user name, password, or other log-in information as provided to You or accepted by WT ("Access Information"). You may not use Access Information of someone else at any time. You agree to notify WT immediately on any unauthorized use of your Access Information. WT shall not be liable for any loss that you incur as a result of someone else using your Access Information, either with or without your knowledge. You may be held liable for any losses incurred by WT, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Access Information.
4. USER CONTENT. You grant WT a license to use the materials, data, or content you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information, data or other content (“User Content”) to the Site or Service, you are granting WT, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the provision of Service and operation of the business of WT, its affiliates, officers, directors, employees, consultants, agents, and representatives. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. USER SUBMISSIONS. You agree that WT may freely use and exploit any feedback, concepts, artwork, ideas, comments, suggestions, or improvements, that You may at any time disclose or submit to WT, for WT's business purposes, including for product support and development, without any obligation or payment to you.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information, data or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secrets, privacy rights, confidentiality, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. COPYRIGHT INFRINGEMENT. WT has no obligation to monitor usage of the Site; however WT has in place certain procedures regarding allegations of copyright infringement occurring on the Site or with the Service. WT has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of WT or of a third party, or otherwise violated any intellectual property laws or regulations. WT’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want WT to delete, edit, or disable the material in question, you must provide WT with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WT to locate the material; (d) information reasonably sufficient to permit WT to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to WT’s designated agent at:
Legal and Business Affairs
914 Mission Avenue, 3rd Floor
10. SERVICES. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner that could damage, disable, overburden, or impair any WT server, or the network(s) connected to any WT server, or interfere with any other party's use and enjoyment of any Service. You may not attempt to gain unauthorized access to any Service or Software, other accounts, computer systems or networks connected to any WT server or to any of the Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. The Site and all Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or the Service.
11. NO WARRANTIES. WT HEREBY DISCLAIMS ALL WARRANTIES. WT IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WT DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. WT'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY WT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. PROHIBITED USES. WT imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WT in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
17. LINKS TO THIRD PARTY SITES. Sites to which Whiskytree.com links are not under the control of WT, and WT is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. WT is not responsible for webcasting or any other form of transmission received from any linked site. WT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WT of the linked-to site.
18. COPYRIGHTS & TRADEMARKS. All contents of Site and Service are: Copyright © 2007 Whiskytree Inc. All rights reserved. Whiskytree and other related marks or logos are trademarks or registered trademarks of Whiskytree Inc.
· Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialogue.
· Alternatively, WT will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
· For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or WT may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in San Francisco County, California or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
· The existence of any dispute between the parties, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept strictly confidential. Except as required by law, no party may make any public announcements with respect to the proceeding or the award, except as required to enforce same.
· Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in San Francisco County, California. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file or assert a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1,000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
22. NO TRADEMARKS LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by WT or by any third party. All trademarks and logos are owned by WT or its licensors and you may not copy or use them in any manner.
23. CALIFORNIA USE ONLY. The Site is controlled and operated by WT from its offices in the State of California. WT makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as WT’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
25. NOTIFICATIONS. All notices or questions regarding the Site, Service or Software should be sent to the following: firstname.lastname@example.org.
Effective 1 June 2007
This Policy tells you how WT uses and protects personally identifiable information collected through use of Whiskytree.com. This Policy covers only information that is collected through this web site and no other web sites that may be linked to or from this web site, and does not cover information that may be collected through software downloaded from this site; nor does this Policy apply to practices of companies that WT does not control or to people WT does not employ or manage.
By accepting the Policy during registration, you expressly consent to WT's collection, storage, use and disclosure of your personal information as described in this Policy and to all other terms herein.
It is possible for you to browse Whiskytree.com without telling WT who you are or revealing any personally identifiable information about you. However, you lose anonymity once you give us your personal information, and by doing so, you agree to the transfer and storage of that information to our servers.
B. Information Collected
The following personal information about you may be collected and stored by us:
(i) email address, physical contact information, and financial information, including credit card and/or bank account numbers;
(ii) transactional information based on your activities on Whiskytree.com;
(iii) shipping, billing and other similar information you provide to purchase or ship an item;
(iv) community discussions, chats, dispute resolution, correspondence through Whiskytree.com, and correspondence sent to us;
(v) computer sign-on data, statistics on page views, traffic to and from the Whiskytree.com, and ad data;
(vi) other technical information, including IP address and standard web log information;
(vii) supplemental information from you or third parties, such as credit checks if needed in the case of nonpayment of fees generated by your activities at Whiskytree.com, or additional information we may request from you in the event previous information you've provided cannot be verified; and
(viii) information that You voluntarily provide to us.
C. Our Use of Information
We may combine your information with information we collect from other sources to improve Whiskytree.com. We do not sell or rent your personal information to third parties for their marketing purposes without your prior consent. You agree that we may use your personal information to:
(i) provide the services and customer support you request;
(ii) resolve disputes, collect fees, and troubleshoot problems;
(iii) prevent potentially prohibited or illegal activities, and enforce our Whiskytree.com-related agreements;
(iv) customize, measure, and improve our services and Whiskytree.com's content and layout;
(v) tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and
(vi) compare information for accuracy, and verify it with third parties.
Further, we may disclose personal information to respond to legal requirements, enforce WT or Whiskytree.com policies, in connection with a merger, sale of assets, or other similar corporate transactions, respond to claims that a listing or other content violates the rights of others, or protect the rights, property, or safety or any person.
D. Sharing Information
We may also share your personal information with:
(i) members of our corporate family to help detect and prevent potentially illegal acts and provide joint services to requesting users;
(ii) service providers, consultants or similar contractors to support or enhance Whiskytree.com or our business operations;
(iii) other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service)
(iv) law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity;
(v) as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity; and
(vi) other business entities, should we plan to merge with, or be acquired by that business entity.
Users who are California residents may request information about our disclosures of certain categories of personally identifiable information to third parties (i.e., such as corporate affiliates) for their direct marketing purposes. Such requests must be submitted to us by email to: email@example.com
Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to separate legal entities for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these entities, if any. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the email address specified in this paragraph.
E. Your Use of the Site
In order to offer the services for which you will use Whiskytree.com, your user ID will necessarily be displayed throughout Whiskytree.com and to the public. All of your activities on Whiskytree.com will be traceable to your user ID. Notices are sent to other community members regarding suspicious activity and policy violations on Whiskytree.com and refer to user IDs and specific items. Please understand that if you link your name with your user ID, others will be able to personally identify your activities.
Whiskytree.com facilitates your sharing of personal (including financial) information in order to complete transactions. As we cannot guarantee the privacy or security of your information as it may be disclosed or used in Whiskytree.com transactions with other users, it is your responsibility to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. When users are involved in a transaction, they may have access to each other's name, user ID, email address, and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
(i) transaction-related purposes that are not unsolicited commercial messages;
(ii) using services offered through Whiskytree.com; and
(iii) other purposes to which a user expressly consents.
F. Web Site Features
In addition, Whiskytree.com may incorporate pixel tags, web beacons or other web site usage tracking technologies. Such devices are used to collect non-personally identifiable information, such as the identity of the applicable internet service provider, the user's IP address of his or her personal computer, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to Whiskytree.com, and other similar traffic-related information. We may also aggregate such information with similar data collected from other users. However, we do not use such data in any way to create or maintain personally identifiable information from you.
Your password deserves careful thought and protection. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately notify WT at firstname.lastname@example.org and change your password.
H. Updating Your Information
You can see, review and change most of your personal information by logging into Whiskytree.com. We will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Whiskytree.com-related agreements, and take other actions otherwise permitted by law or as specified elsewhere in this Policy.
I. No Guarantee of Security
Despite our efforts, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from Whiskytree.com. Therefore, we cannot guarantee that your personal information or private communications will always remain so.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are users on Whiskytree.com or other sites throughout the Internet, different rules may apply.
Whiskytree.com is not directed to children under thirteen (13) years of age, and we do not knowingly collect personally identifiable information from such children. If you are younger than thirteen, please do not provide any personally identifiable information to us.
L. Policy Changes
WT may amend this Policy at any time by posting the amended terms on Whiskytree.com, which will automatically take effect ten (10) days after they are initially posted except as otherwise specified.