Last modified: September 10, 2013
- Provide accurate information
- Use the Services in a lawful and honest manner
- Protect your password, log-in and account information using reasonable methods. You will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
Content means text, graphics, images, photographs, music, software (excluding the Application), audio, video, information or other materials.
Quini Content means Content that Quini makes available through the Site, Services or Application, including any Content licensed from a third party, but excluding Subscriber Content.
Subscriber means a person who completes Quini’s account registration process, as described under the “Account Registration” section below.
Quini Content means Content that a Subscriber posts, uploads, publishes, submits or transmits to be made available through the Site, Services or Application.
Collective Content means, collectively, Quini Content and Subscriber Content.
Quini reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Modified” date at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services and Application.
Quini may, in the future, offer new services and/or features through the Services (including, but not limited to, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE OF LEGAL AGE TO CONSUME OR PURCHASE ALCOHOLIC BEVERAGES. Any access to or use of the Site, Services or Application by anyone under the legal drinking age is EXPRESSLY PROHIBITED. By accessing or using the Site, Services or Application you represent and warrant that you are of legal age to consume or purchase alcoholic beverages pursuant to the laws of the applicable jurisdiction.
Using the Services
Quini provides a cloud-based wine tasting app that heightens the tasting, researching and sharing experience for people who love wine. Designed to make the tasting process accessible to all but rigorous enough to satisfy wine professionals, Quini educates, entertains and produces extremely valuable data. Quini shows comprehensive wine-tasting information via the Quini Bloom, a unique visual representation of each review, accompanied by a composite numerical score. Every tasting also stores a wealth of statistically rich qualitative and quantitative data about wine: tasting trends, connections across types of wine and personal preferences, and perception of detail.
Quini also distributes content (“Quini Content”) via its website and Applications, which may include, but not be limited to, blog posts, magazine articles, and advertising. Via the Site, Services and Application, you can share text, graphics, images, photographs, lists, calendar items and other data (collectively, “Subscriber Content”), subject to the conditions stated herein, with other Quini users or groups of Quini users, according to the selections you make via the Services.
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any Content.
Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising which may appear on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Subscriber Content on the Service. If you delete Subscriber Content, Quini will use reasonable efforts to remove it from the database, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
In order to access certain features of the Site, Services and Application, you must register to create an account (“Account”) and become a Subscriber. You may register directly via the Application.
If you create a Quini account, you are responsible for maintaining the security of your account, and you are fully and solely responsible for all activities that occur under the account and any other actions taken in connection with the account, whether or not you have authorized such activities or actions. You are responsible for maintaining the confidentiality of your password, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you will not disclose your password to any third party. You will immediately notify Quini of any unauthorized use of your Account or any other breaches of security. Quini will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
The Site, Services, Application and Collective Content are protected by copyright, trademark, and other laws of Canada, the United States and other countries. You acknowledge and agree that the Site, Services, Application and Quini Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Quini Content contained on the Site is owned, controlled or licensed by or to Quini and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Application or Quini Content.
Licenses Granted by Quini to Quini Content and Subscriber Content
Subject to your compliance with these Terms of Service, Quini grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Quini Content solely for your personal and non-commercial purposes; and (ii) to view any Subscriber Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Application or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Quini or its licensors, except for the licenses and rights expressly granted in these Terms.
License Granted by Subscriber
We may, in our sole discretion, permit Subscribers to post, upload, publish, submit or transmit Subscriber Content. By making available any Subscriber Content on or through the Site, Services or Application, you hereby grant to Quini a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view in cases of potential unlawful use, copy, adapt, modify, license, transfer, and with Subscriber permission distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Subscriber Content only on, through or by means of the Site, Services or Application. Quini does not claim any ownership rights in any Subscriber Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Subscriber Content.
You acknowledge and agree that you are solely responsible for all Subscriber Content that you make available through the Site, Services or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Subscriber Content that you make available through the Site, Services or Application or you have all rights, licenses, consents and releases that are necessary to grant to Quini and to the rights in such Subscriber Content, as contemplated under these Terms; and (ii) neither the Subscriber Content nor your posting, uploading, publication, submission or transmittal of the Subscriber Content or Quini’s use of the Subscriber Content (or any portion thereof) on, through or by means of the Site, Services or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, Quini grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Quini reserves all rights in and to the Application not expressly granted to you under these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Services or Application (“Feedback”). You may submit Feedback by emailing us at email@example.com or through the support section of the Site and Application. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services or Application, Quini’s name, any Quini trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Quini’s express written consent;
- Access, tamper with, or use non-public areas of the Site or Application, Quini’s computer systems, or the technical delivery systems of Quini’s providers;
- Attempt to probe, scan, or test the vulnerability of any Quini system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Quini or any of Quini’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- Attempt to access or search the Site, Services, Application or Collective Content or download Collective Content from the Site, Services or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Quini or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Quini trademark, logo URL or product name without Quini’s express written consent;
- Use the Site, Services, Application or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services or Application;
- Collect or store any personally identifiable information from the Site, Services or Application from other users of the Site, Services or Application without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Quini will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Quini may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Quini has no obligation to monitor your access to or use of the Site, Services, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Quini reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Quini, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, Services or Application.
Quini respects copyright law and expects its users to do the same. It is Quini’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site, Software and Services display advertisements. We may provide, or third parties may provide, links to other Websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided and you hereby waive any claim you might have against us with respect to such sites. Quini IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services.
Quini partners in the Content and Shopping sections of the Quini app, as well as advertisers in the Services, may from time to time feature contests. Apple and Quini are not sponsors of such contests and are not involved in any manner.
Termination and Account Cancellation
If you breach any of these Terms, Quini will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Quini reserves the right to revoke your access to and use of the Site, Services, Application and Collective Content at any time, with or without cause. If you wish to terminate this Agreement or your Quini Account, you may simply discontinue using the Services, or you may request account deletion by emailing firstname.lastname@example.org. Once your Account is cancelled all of your Account data will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SITE, SERVICES, APPLICATION AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUINI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QUINI MAKES NO WARRANTY THAT THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QUINI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES OR APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUINI OR THROUGH THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APPLICATION. YOU UNDERSTAND THAT QUINI DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES OR APPLICATION, NOR DOES QUINI MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, SERVICES OR APPLICATION. QUINI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APPLICATION,
You agree to defend, indemnify, and hold Quini, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Application or Collective Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APPLICATION AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER QUINI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR APPLICATION OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUINI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL QUINI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUINI AND YOU. [SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.]
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Quini used herein are trademarks or registered trademarks of Quini. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the provincial and federal courts located in the city of Vancouver and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree to comply fully with all export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
These Terms constitute the entire and exclusive understanding and agreement between Quini and you regarding the Site, Services, Application and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Quini and you regarding the Site, Services, Application and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Quini’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Quini may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Quini: (i) via email (in each case to the address that you provide); (ii) by posting to the Site; or (iii) via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and Quini agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Quini are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Quini otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of Quini to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Quini. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
Use of Widgets and Tools
If you have any questions about these Terms or any App Store Sourced Application, please contact Quini at email@example.com or #208 - 1525 W 8th Avenue, Vancouver, B.C., Canada, V6J 1T5.