Terms and Conditions
Any use by you of the web site operated by Upsidedown Wine at https://upsidedown-wine.obtain.wine (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy & Security Statement.
We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion.
Review this page periodically for updates to these Terms & Conditions, which shall come into effect once posted.
We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
The Site is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should exit the Site immediately.
All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy and within the opt-in notice are deemed to refer to Upsidedown Wine, its subsidiaries, affiliates and associates.
1. Rights – all rights in all material and content, including, but not limited to: text, images,* web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us or our licensors. You are permitted to use this material and/or content only as set out in these Terms & Conditions or as authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. *(Exception: Images clearly designated on the Site with a Creative Commons license may be used or distributed with appropriate attribution given to Upsidedown Wine.)
2. Intellectual Property – We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Any use or reproduction of the intellectual property is prohibited.
3. Copying – You may view the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
However, we reserve the right, but are not obliged, to monitor our Public Forums and to remove or alter any content, which we consider, in our sole discretion, constitutes a misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.
Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country. Any content, information or material posted to a Public Forum (“Postings” or “Comments”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, email address, phone number) that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums.
You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.
We are not responsible for maintaining your Postings and we may delete them at any time. CONTENT, INFORMATION AND MATERIALS POSTED BY USERS TO PUBLIC FORUMS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH PUBLIC FORUMS. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on Public Forums. You release us from claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
5. Materials submitted by you – We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.
6. Accounts and Security – We may enable you to establish an account with a username and password to access and use the certain areas of the Site, including the Upsidedown Wine online ordering system and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session, and close your browser for additional protection. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
7. Warranty Disclaimer – THIS SITE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THIS SITE AT ALL TIMES OR PLACES, THAT WE WILL HAVE ADEQUATE CAPACITY FOR ALL USERS, OR THAT THIS SITE WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
8. THIRD PARTY GOODS AND SERVICES – WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.
9. Your responsibility – You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses that we may make of such information.
10. Limitation of Liability – IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT ON THIS SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
11. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
12. Links from and to the Site – You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.
13. Indemnity – You will indemnify us and our officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
14. Restriction, Suspension and Termination – We may restrict, suspend or terminate your access to the Site and/or your ability to use any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
15. Entire Agreement – These Terms & Conditions, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.
16. Export Controls – To the extent that software or technical data is accessible through the Site, such software or technical data may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported in violation of the laws of any applicable jurisdiction including, but not limited to: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or which is subject to relevant export restrictions; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department’s Table of Denial Orders.
17. Law and Jurisdiction – These Terms & Conditions, including the Privacy & Security Statement and any matter relating to the Site, shall be governed by British Columbia law without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of British Columbia and you irrevocably consent to the jurisdiction of such courts.