TERMS AND CONDITIONS
Updated: November 13, 2021
Acceptance of terms & conditions for use of this website
You accept such terms by using or benefitting from any aspect of this Site, in any manner whatsoever. Waterfront Cellars provides the content and materials contained in this Site to you alone, for your personal, non-commercial use.
You are hereby on notice that these Terms shall be revised from time to time, without notice, and at our complete discretion. It behooves you to review the Terms for revision prior to every use.
MUST BE 21 YEARS OLD OR OLDER
This Site is intended for use by you only if you are of legal age to purchase alcohol in your country and local jurisdiction of residence and in the country from which you are accessing the site and the geographical locale where you are presently located. 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 leave the Site immediately. By continuing to use this Site you represent and warrant that you are of a legal age to purchase alcohol under the criteria set forth in this paragraph, namely 21 years old within the United States.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to material that is harmful to minors. Further information about parental controls can be obtained at www.icra.org.
1. Waterfront Cellars Retains All Rights for Site.
Any and all rights in all material and content (including, but not limited to, text, images, web pages, sound, software – including, without limitation code, interface and website structure- and postings, social media, links, video, and the look and feel, design and compilation thereof) collectively herein “Intellectual Property,”) at this Site are owned by us or our licensors.
You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors.
You shall not use in an unauthorized manner, 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.
2. All reproduction of our Intellectual Property is strictly prohibited.
3. Copying Prohibited – You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use.
In this regard, you may only make (a) one machine readable copy, (b) one backup copy and (c) one print copy of the pages in this site.
All copying, in any format (e.g., electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws worldwide. You may not remove any copyright, trademark or other intellectual property or proprietary notices or legends contained on this website or its content.
YOU ARE ABSOLUTELY PROHIBITED FROM POSTING ALL OR PART OF ANY OF OUR MATERIAL OR CONTENT ON ANY WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION WHICH PERMISSION WE MAY WITHHOLD IN OUR COMPLETE AND ABSOLUTE DISCRETION.
You shall not post anything on the Site that is the intellectual property of any other party. By posting or sharing information (e.g., picture, video, likeness, etc.) on or with the Site, you hereby transfer to us and relinquish your rights to such posting or information.
Message Boards & Posting exposures. Please be aware that you may be exposed to content posted by others, not within our control, for example on message boards or social media Postings (“Message Boards”), which may be inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of the Site, including any Message Boards and Postings, as defined below, shall be at your own risk and at your own peril, and you hereby agree that neither Waterfront Cellars nor the Site shall be responsible.
Reservation of Content Rights. We reserve the right, but not the obligation, to monitor and remove or alter any content which, in our sole discretion, constitutes, in our sole discretion, improper use of the Site or misconduct, and we may therefore, restrict, suspend or terminate your use of the Site including any services provided thereon, where we believe it appropriate.
Any content, information or material posted to a Message Board (“Postings”) 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 Message Boards is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others.
You shall not include any other personally identifiable information about yourself, such as your social security number, driver’s license number or credit card number, or any other person in any Posting. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information or other information we believe, in our sole discretion, to be improper.
Waterfront Cellars and the Site shall not be liable for the use or misuse of any information or data, including personal information Postings or Message Boards.
No aliases; Postings shall be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas of the Site shall not misrepresent their identity or their affiliation with any person or entity.
Non-Commercial Use Only. Any interactive area of the Site is provided solely for your personal, non-commercial use. You shall not include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without express written permission of Waterfront Cellars.
Any unauthorized use of any interactive area of this Site, its content or Postings is expressly prohibited.
Only Proper Postings. You represent and warrant that your that you have the rights to make your Postings, if any, and that your Postings are original to you, (this means, among other things that you did not reference or copy any other work for your posting, did not derive, nor were you inspired in your posting by any other work) are not obscene, vulgar, offensive, malicious, insulting to any person or group, discriminatory, culturally insensitive, defamatory or otherwise unlawful, libelous, pornographic, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the laws or regulations of any country or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.
We are not responsible for maintaining your Postings and we may delete, alter, or destroy them at any time.
You represent and warrant that no other party has any rights to the content of your Postings and that any “moral rights” or “droit moral” as those terms are defined under copyright law 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, exploit, 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.
CONTENT, INFORMATION AND MATERIALS POSTED ON THE SITE BY USERS TO MESSAGE BOARDS ARE NOT ENDORSED BY Waterfront Cellars. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH MESSAGE BOARDS.
The opinions expressed in Message Boards are not necessarily those of Waterfront Cellars. Any statements, advice and opinions made by third parties are those of such parties only. Waterfront Cellars shall not be responsible nor liable for any statements, advice, opinions or other content or materials from other parties.
5. YOU SHALL NOT AFFECT SYSTEM INTEGRITY.
You shall not, in any manner, directly or indirectly: damage, disable, overburden, or impair any or ours servers, or the network(s) connected to any or our servers, the efficiency and/or effectiveness of our website, or interfere with any other party’s use and enjoyment of our website. You shall not attempt to gain unauthorized access to any of our accounts, or computer systems by any means.
6. NO LIABILITY/ NO WARRANTIES.
THIS SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION, FACTS, OPINIONS, AND RECIPES ARE PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW WE, (INCLUDING Waterfront Cellars’S OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND ASSIGNS), HEREBY DISCLAIM ALL LIABILITY AND YOU HEREBY WAIVE ANY CLAIMS AND CAUSES OF ACTION AGAINST US (INCLUDING Waterfront Cellars’S OFFICES, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND ASSIGNS) FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE) SUFFERED BY ANY PARTY AS A RESULT OF USE OF THE SITE OR FROM ANY COMPUTER VIRUS OR OTHER PROBLEM TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, LIABILITY, CLAIM, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
7. Propriety of 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, including without limitation ideas, creative concepts or suggestions relating to any facet of our business, products or potential business or products, by email, or in any other way.
Any information or material (including, without limitation any Postings) submitted shall be and shall be deemed not confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, including without limitation ideas, creative concepts or suggestions relating to any facet of Waterfront Cellars, the Site, or business, products or potential business or products, may be used, reproduced, exploited, and disclosed by us either in its original form or as modified by us without restriction for whatever purpose we deem fit and without payment of any sum, or any other form of consideration or remuneration or acknowledgement of you as their source. You also warrant that any “moral rights” or “droit moral,” as those terms are defined under copyright laws, 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. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
8. You are Responsible for Your Information.
You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
9. No Liability for 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 this Site (“Linked Sites”).
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, claim, liability, 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.
Unless you have a prior written agreement in effect with us that states otherwise, you may only provide a hypertext link to our website on another website if you comply with all of the following: (a) the link must be a text-only link clearly marked to the Waterfront Cellars site which linked you to these terms and conditions (b) the link must “point” to the front page of such site and not to other pages within the site; (c) the link, when activated by a user, must display our site full-screen and not within a “frame” on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time at our sole discretion.
10. You Will Indemnify.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies or appropriate third parties. You will indemnify us against any loss, damage or cost incurred by us (including reasonable legal fees and investigative costs) arising out of or relating to your use of this Site, any of its services or any information accessible over or through this 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 or any other laws, regulations and rules.
You will also further indemnify us against any claims that information or material which you have submitted to us is in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right).
We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters. You further agree that you will fully cooperate with us in any such defenses at no cost to Waterfront Cellars.
11. Site may restrict, suspend and/or terminate your use.
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at our sole discretion, for any reason whatsoever, including if we believe that you have breached these Terms at any time. We may also remove or alter the Site as a whole or any sections or features of the Site at any time.
You understand and consent to our ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms, or as may otherwise be necessary.
12. Entire Agreement.
You agree to abide by the terms of all third-party agreements we may have regarding use of software.
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.
13. Our Relationship.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and us. These Terms are an agreement between you, alone, and us, and are not intended to be for the benefit of any third party, except for the successor(s) or assigns(s) of Waterfront Cellars.
14. Disputes and Jurisdiction
Any controversy, cause of action, or claim brought by you against us arising out of, concerning, or relating to these terms or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Alternatively, we may in our sole and absolute discretion commence a lawsuit regarding such controversy or claim in the Federal District Court in for the Southern District of New York. You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of any of us will be entitled to a preliminary injunction or temporary restraining order to prevent the continuance of such injury.
Except as explicitly stated otherwise or required by law, you shall provide any notices relating to these Terms by email to us at email@example.com.
Export of Data – To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction. It is your responsibility to familiarize yourself with such provisions and comply with them.
© 2021 Waterfront Cellars, LLC