Terms and Conditions
Dear Ivywine User,
maintain the trust and goodwill that are necessary for a strong and active community. We hope this site will be
a useful resource for you. A few notes on what we ask of you in order to continue using the site:
Use of Ivywine Content:
The Ivywine website (the “Site”) and materials contained within the Site are intended solely for our members’
personal, non-commercial use. This means you cannot take Content or material that you did not create from the
Site and repost or redistribute that Content or material in another location, whether on the internet or offline.
You may not use the Site to sell a product or service, or to increase traffic to your own web site for commercial
reasons, including, but not limited to, for viewing the advertising that may exist on your site. If you want to
make commercial use of the Site you must enter into a written agreement with Ivywine to do so in advance, and
abide by our commercial use policy as well as add something of value back to our community. Please contact us
for more information.
The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or
controlled by Ivywine (the “Content”) is the proprietary information of Ivywine or the party that provided the
Content to Ivywine, and Ivywine or the party that provided the Content retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in
any way without the prior written consent of Ivywine except that you may print out a copy of the Content solely for
your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You may be required to register with Ivywine in order to access certain Services or areas of the Site. With respect
to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is
already being used by someone else; that may be construed as impersonating another person; that belongs to another
person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject
for any other reason in our sole discretion.
User Names and Passwords:
Your user name and password are for your personal use only, and not for use by any other person. You are responsible
for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your
password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are
fully responsible for all interaction with the Site that occurs in connection with your password or user name. You
agree to immediately notify Ivywine of any unauthorized use of your password or user name or any other breach of
security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site
(if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to
comply with any of the foregoing obligations.
Personally Identifiable Information:
Ivywine promises to use reasonable care to protect the information you provide us that identifies you personally,
such as your name, age, or e-mail address ("personally identifiable information" or "PII"). We may provide certain of
your PII to third parties if you allow us to do so by opting in to an offer. We may also provide certain of your PII to
third parties that provide services to us, such as account services, web hosting, application development and information
processing. These third parties will be bound by contractor privacy policies in order to protect your information. We may
also provide your PII to governmental agencies or under a court order, or as otherwise required by law. We will not rent
or sell your PII to a mail house or direct marketing company, so you will never receive e-mail from a third party as a
about you we collect and how we use it.
Your Submissions to the Site:
You are solely responsible for the Material that you and anyone using your username contribute to Ivywine. You agree that
any submission you make to the Site is not confidential, inappropriate or protected by any privacy or intellectual property
laws. You also agree that misrepresentation of information, or extreme exaggeration of achievements, constitutes fraud,
putting the trust of the community at risk, and will lead to your account being closed.
For purposes of clarity, you will retain ownership of any materials that you submit through the Site (each, a “Submission”).
You hereby grant to Ivywine, the Affiliated Entities and their designees a worldwide, non-exclusive, transferable, royalty-free,
perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including
without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly
perform such Submission, in any media now known or hereafter developed, for Ivywine’s and the Affiliated Entities' non-profit
purposes, and (b) to sublicense the foregoing rights, through multiple tiers of distribution (i.e., viral media), to the maximum
extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to
grant the license granted in this section, and that such Submission, and your provision thereof to and through the Site, complies
with all applicable laws, rules and regulations.
Our Right to Contact You:
You agree that we have the right to communicate with you by e-mail to send you noncommercial messages about your account. We
will not send you unsolicited commercial e-mail. You understand and agree that as part of the normal day-to-day functioning of
the Site, you may receive certain communications from Ivywine, such as account creation confirmations, administrative announcements,
and the like. You may be able to opt out of many of these communications, but not from messages critical to your privacy and
security, or the privacy and security of other members.
The Site may provide links to other web sites and online resources. Because Ivywine has no control over such sites and resources,
you acknowledge and agree that neither Ivywine nor the Affiliated Entities are responsible for the availability of such external
sites or resources, and neither Ivywine nor the Affiliated Entities endorse or are responsible or liable for any content,
advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the
Site with or without our authorization. You acknowledge and agree that Ivywine and the Affiliated Entities do not endorse such sites,
and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or
other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION,
DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS
SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Ivywine shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other
means without prior notice.
We reserve the right in our sole discretion to refuse to post or to delete materials, including your Materials, from the Site without
notification or recourse. There are two primary applications of this right. First, just as we are constantly adding new functions within
the Site, we are similarly removing obsolete or redundant components. Second, as we are facilitating communication and the sharing of
information, we are removing material that is detrimental to these goals, creates mistrust or otherwise offends our membership, in our
own view or in the view of other members as reported to us. Furthermore, we retain the right to keep back-up copies of any materials we
delete from the Site.
Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any content posted by a user of this Site infringes upon your
copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available,
an electronic mail;
- 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
- 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.
Ivywine’s designated Copyright Agent to receive notifications of claimed infringement is: Ivywine. You acknowledge that if you fail to
comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your posting that was removed (or to which access was disabled) is not infringing, or
that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content
in your posting, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared
before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of
the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New
York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Ivywine may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files
an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Suspension and Expulsion of Members:
This Agreement is effective until terminated. Ivywine, in its sole discretion, may terminate your access to or use of the Site, at any
time and for any reason, including if Ivywine believes that you have violated or acted inconsistently with the letter or spirit of this
Agreement. Actions that are detrimental to Ivywine such as spamming or issuing abusive remarks aimed at other members or groups in Ivywine
can lead to temporary or permanent expulsion from Ivywine. While we retain this right, Ivywine shall have no responsibility to exercise it
or otherwise moderate disputes between members. Upon any such termination, your right to use the Site will immediately cease. You agree
that any termination of your access to or use of the Site may be effected without prior notice, and that Ivywine may immediately deactivate
or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such
information or files. You agree that Ivywine and the Affiliated Entities shall not be liable to you or any third party for any termination
of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you
after any such termination.
Limitations of Liability and Disclaimer of Warranties:
THE SITE AND ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ARE PROVIDED TO YOU
“AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT
YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING ANY THIRD PARTY CONTENT SUBMITTED). Ivywine AND THE
AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT, SERVICE (INCLUDING WITHOUT LIMITATION,
THIRD PARTY PRODUCTS AND SERVICES) OR MATERIALS OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
NEITHER Ivywine NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN
CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED
IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER Ivywine NOR ANY AFFILIATED ENTITY WILL BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MATERIALS POSTED ON THE SITE
BY Ivywine OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE
MAXIMUM LIABILITY OF Ivywine FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Ivywine TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not
guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site
may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make
unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us by
e-mail at firstname.lastname@example.org, with a description of the material(s) at
issue and the URL or location on the Site where such material(s) appear.
By using the Site, you agree to indemnify Ivywine and any parent, subsidiary or affiliated entities, sponsors, employees,
officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and hold them harmless from and
against any and all claims, losses, costs, and expenses, including reasonable attorney's fees, directly or indirectly arising
available through the Site, any Material you submit to the Site, any third party claims in connection with your use of the site,
any Material you submit to the Site, and any violation of this Agreement by you or anyone using your user name and/or password.
The Site is controlled and operated by Ivywine from the United States, and is not intended to subject Ivywine to the laws or
jurisdiction of any state, country or territory other than that of the United States. Ivywine does not represent or warrant that
the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with
all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations
of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit
the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our
This Agreement is effective until terminated. Ivywine, in its sole discretion, may terminate your access to or use of the Site,
at any time and for any reason, including if Ivywine believes that you have violated or acted inconsistently with the letter or
spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any
termination of your access to or use of the Site may be effected without prior notice, and that Ivywine may immediately
deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any
further access to such information or files. You agree that Ivywine and the Affiliated Entities shall not be liable to you or any
third party for any termination of your access to the Site or to any such information or files, and shall not be required to make
such information or files available to you after any such termination.
Governing Law and Venue:
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without
regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in
the County of New York in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections
to such courts.
General Legal Terms:
If any provision or portion of this Agreement is held illegal, invalid, or unenforceable, in whole or in part, it shall be
modified to the minimum extent necessary to correct any deficiencies and shall not affect the legality, validity or
unless made in a writing manually executed by an authorized officer of Ivywine and e-mail shall not constitute effective waiver.
You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express
prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter
of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to
herein, is the entire Agreement between you and Ivywine relating to the subject matter herein and supersedes any and all prior
or contemporaneous written or oral agreements or understandings between you and Ivywine relating to such subject matter. Notices
to you may be made via posting to the Site, by e-mail, or by regular mail, in Ivywine's discretion. The Site may also provide
notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without
limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed form. Ivywine will not be
agreement between the you and Ivywine and its affiliates with respect to its subject matter, and supersede any oral agreements,
Last revised: Tuesday, February 7, 2012.
Thanks for your cooperation,