User Agreement and Terms of Service

Effective Date: March 31, 2023

Welcome to Vinescope! These Terms of Service ("TOS") govern your use of our website and services, and by using our site or services, you agree to be bound by these TOS. Please read them carefully before using our site or services.

Vinescope is a media website that provides news, information, and entertainment to our users. We strive to maintain a safe, secure, and respectful community, and we ask that all users comply with these TOS and any applicable laws and regulations. These TOS contain important information about your rights and obligations, including limitations on our liability and your agreement to arbitrate any disputes.

By using our site or services, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree to these TOS, you should not use our site or services. We may update these TOS from time to time, and any changes will be posted on our site. Your continued use of our site or services after any such changes constitutes your acceptance of the updated TOS.

DEFINITIONS:

“Company” or “We” or "Site" shall mean Vinescope, Inc. and/or any of its affiliates, individually and collectively, doing business as Vinescope or otherwise, that operate the Vinescope site and provide the services to users.

“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.

“Service” or “Services” shall mean any of the internet-based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.

“Content” shall mean each and every item of content or other material (whether comments, ideas, images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user to the site or otherwise integrated into the site by a user.

Using Our Site, User Conduct, and Your Content:

Acceptable Use:

You agree to use the site and Services only for lawful purposes and in a way that does not infringe on the rights of others or restrict or inhibit others' use of the site or Services. You also agree not to:

  • Post, transmit, or distribute any content that is harmful, obscene, defamatory, or otherwise objectionable;
  • Interfere with or disrupt the site or Services or servers or networks connected to the site or Services;
  • Use the site or Services for any illegal purpose or in violation of any local, state, national, or international law or regulation;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Collect or store personal data about other users or engage in any other activity that violates the privacy or publicity rights of others.
  • User-Generated Content Moderation:

    The Company reserves the right to monitor, remove, or block any content that violates the TOS or is otherwise deemed inappropriate or in violation of the TOS.

    Licensing Agreements:

    License of User Content: You will retain all rights to any content you submit through Vinescope. However, by submitting any content on the site, you hereby grant and represent that you have all necessary rights to grant Vinescope a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and create derivative works of all such content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed. This license is for use in connection with the site and Vinescope’s business, including, without limitation, for promoting and redistributing part or all of the site and derivative works thereof, in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and non-commercial purposes alike. Additionally, you grant each user of the site a non-exclusive license to access your Content through the site, and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the site and under these Terms. You acknowledge and agree that any material you transmit to Vinescope or otherwise through the site will be treated as non-confidential and non-proprietary.

    You understand and agree that additional uses of your content may be made by Vinescope, or other companies, organizations, or individuals who partner with or use Vinescope, without any compensation paid to you with respect to the content you submit through the site. Vinescope may add or insert affiliate and partner code into your Content, and may modify or adapt your Content to transmit, display or distribute it over computer networks and in various media, and/or make changes to your Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or Third Party Services. You are responsible for reading and understanding those Third Party Services’ privacy policies.

    License of Site Content: All right, title, and interest in and to the site (excluding Content provided by users) shall remain the exclusive property of Vinescope and its licensors. The site are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Vinescope name or any of the Vinescope website names, trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, ideas, or suggestions you may provide regarding the site or the Services is entirely voluntary, and Vinescope will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

    Subject to your acceptance of these Terms, Vinescope grants you a non-exclusive, limited, non-transferable, freely revocable license to use the site for your personal, non-commercial use only and as permitted by the features of the site. Vinescope reserves all rights not expressly granted herein in the site and the Vinescope Content. Vinescope reserves the right to terminate your license to use the site at any time and for any reason or in the future to charge for commercial usage.

    Privacy:

    We respect the privacy of our users and are committed to protecting their personally identifiable information. By using the Services, you acknowledge and consent to the collection, use, and disclosure of your personally identifiable information and aggregate data in accordance with our Privacy Policy. You also agree that your personally identifiable information may be collected, used, transferred to, and processed in the United States.

    Information Sharing:

    Vinescope implements technical, administrative, and physical safeguards to prevent unauthorized access, use, or disclosure of user information. Access to personally identifiable information is granted only to those with a legitimate business need, and sensitive records are retained only for as long as necessary and then destroyed properly. Despite our efforts to secure personal information, we cannot guarantee that our safeguards will prevent unauthorized access, use, or disclosure of personal information. Please notify us at legal@vinescope if you become aware of any security issues. The Company reserves the right to disclose your identity or any information we have about you in the event of a complaint or legal action arising from any content posted by you, or where such information is deemed relevant.

    Third-Party Links Disclaimer:

    The site may contain links to third-party websites or resources that are not owned or controlled by the Company. We are not responsible for the content or practices of any third-party websites or resources.

    Advertisements:

    As part of the Service, we may include advertisements and/or content provided by Vinescope and/or a third party, which may be targeted to the Content or information on the site, queries made through the site, or other information. The types and extent of advertising by Vinescope on the site are subject to change. In consideration for Vinescope granting you access to and use of the site, you agree that Vinescope and its third party providers and partners may place such advertising on the site or in connection with the display of Content or information from the site whether submitted by you or others.

    Copyright Policy:

    a. Copyright Infringement: The Company respects the intellectual property rights of others and expects users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@vinescope.com.

    b. DMCA: The Company complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been uploaded, posted, or otherwise made available on the site or through the Services without your authorization, please contact us at legal@vinescope.com with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work claimed to have been infringed;
  • 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 Company to locate the material;
  • Your contact information, including your address, telephone number, and email address;
  • A statement by you 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.
  • Termination of Agreement:

    a. Termination: The Company may terminate this Agreement at any time and for any reason, with or without notice. You may also terminate this Agreement at any time by discontinuing use of the site and Services.

    b. Effect of Termination: Upon termination of this Agreement, all licenses granted to you will immediately terminate, and you must immediately cease all use of the site and Services.

    Indemnity:

    a. Indemnification: You agree to indemnify and hold the Company and its affiliates, officers, directors, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the site or Services, your violation of the TOS, or your violation of any rights of another.

    Warranty, Disclaimer, and Limitations of Liability:

    a. Disclaimer of Warranties: The site and Services are provided "as is" and without warranties of any kind, whether express or implied. The Company does not warrant that the site or Services will be uninterrupted or error-free.

    b. Limitation of Liability: The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of the site or Services.

    Waiver, Severability & Entire Agreement:

    a. Waiver: Failure to enforce any provision of the TOS will not be deemed a waiver of such provision or of the right to enforce such provision.

    b. Severability: If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the TOS will otherwise remain in full force and effect.

    c. Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding the use of the site and Services.

    Legal Disputes:

    a. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New Jersey.

    b. Dispute Resolution: Any dispute arising out of or relating to this Agreement or the use of the site or Services shall be resolved through binding arbitration conducted in New Jersey in accordance with the rules of the American Arbitration Association. The award rendered by the arbitrator(s) shall be final and binding on both parties, and judgment may be entered thereon in any court having jurisdiction thereof.

    c. Class Action Waiver: Any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted, and you agree to waive the right to participate in a class action or class-wide arbitration.

    Statute of Limitations:

    a. Time Limit: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the site or Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Notification of Changes to Terms of Service:

    a. Notice: The Company may modify these TOS at any time, and any modifications will be effective immediately upon posting. You are responsible for reviewing these TOS each time you use the site or Services. Your continued use of the site or Services after any modifications to the TOS constitutes your acceptance of the modified TOS.

    International Users:

    a. Compliance with Laws: The site and Services are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that the site or Services are appropriate or available for use outside the United States. If you access the site or Services from a location outside the United States, you are responsible for compliance with all applicable laws.

    Effective Date:

    a. Effective Date: These TOS are effective as of March 31, 2023.

    If you have any questions or concerns about these TOS or the use of the site or Services, please contact us at legal@vinescope.com.

    Miscellaneous:

    a. Entire Agreement: These TOS constitute the entire agreement between you and the Company regarding the use of the site or Services and supersede all prior agreements and understandings, whether written or oral.

    b. Assignment: The Company may assign these TOS, in whole or in part, at any time without notice to you. You may not assign or transfer these TOS, or any of your rights or obligations hereunder, without the prior written consent of the Company.

    c. Waiver: The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

    d. Severability: If any provision of these TOS is found by a court of competent jurisdiction to be 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 these TOS shall remain in full force and effect.

    e. Headings: The section titles in these TOS are for convenience only and have no legal or contractual effect.

    f. Notices: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered in person, by facsimile or electronic mail (with confirmation of receipt), or deposited in the United States mail, postage prepaid, addressed to the respective addresses set forth below:

    If to the Company: legal@vinescope.com

    If to you: The email address and/or physical address provided by you during the registration process

    g. Governing Law: These TOS shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of law.

    h. Survival: The following sections will survive any termination or expiration of these TOS: Definitions, Using Our Site, User Conduct, and Your Content, Licensing Agreements, Privacy, Information Sharing, Advertisements, Copyright Policy, Termination of Agreement, Indemnity, Warranty, Disclaimer, and Limitations of Liability, Waiver, Severability & Entire Agreement, and Legal Disputes.

    We hope that this Terms of Service document is clear and informative. If you have any questions or concerns, please do not hesitate to contact us at legal@vinescope.com.