Terms of Use
Terms And Conditions of Use AgreementWhen you use Winely (www.winely.com, winely.com) you agree to the Terms of Service listed below, without modification.
We may update the Terms of Service from time to time. You may always find the most current version of these Terms of Use at www.winely.com/terms-of-use.html
Content Linked to by Winely
The sites displayed as search results or linked to by Winely are developed by people over whom Winely exercises no control. The search results that appear from Winely's directories are indexed by Winely's automated servers and computers, and Winely cannot and does not screen all the sites before including them in the indices from which such automated search results are gathered. A search using Winely may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Winely search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Winely.
Personal Use Only
The Winely website is made available for your personal, non-commercial use only. You may not Winely to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Winely search and reformat and display them, or mirror the Winely home page or results pages on your Web site, or send automated queries to Winely's system without express permission from Winely. If you want to make commercial use of Winely you must enter into an agreement with Winely to do so. Please contact us via the form located at www.winely.com/contact-us.html for more information.
Privacy Policy
Winely will not disclose any personally identifying information to third-parties unless you expressly authorize it, or as required by and in compliance with the law. You may view a complete statement of our privacy policy at www.winely.com/privacy-policy.html
Users alone are responsible for maintaining the confidentiality and security of and account number and/or password for your accounts. You are personally liable and responsible for the use of your account, whether or not actually or expressly authorized by you.
In order to ensure that Winely is able to provide high quality services you must consent to Winely employees and/or authorized affiliates having access to your account and records.
Changes In Terms and Conditions and Winely
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be the subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Winely's designated agent for notice of alleged copyright infringement appearing on our Site. Direct any notices of infringement to:
Syrah Corporation
848 N. Rainbow Blvd. #1107
Las Vegas, NV 89107
Contact via email: www.winely.com/contact-us.html
Disclaimer of Warranties
Winely disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Winely. Winely disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Winely disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through Winely..
THE WINELY WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WINELY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WINELY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF WINELY. WINELY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH WINELY. WINELY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN WINELY OR RECEIVED THROUGH ANY LINKS PROVIDED BY WINELY, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY WINELY.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF WINELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WINELY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON WINELY. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WINELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON WINELY, FROM INABILITY TO USE WINELY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WINELY (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN WINELY OR RECEIVED THROUGH ANY LINKS PROVIDED IN WINELY, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN WINELY OR RECEIVED THROUGH ANY LINKS PROVIDED IN WINELY. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF WINELY OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, WINELY. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Winely be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Search Engine Advertising Accounts
The Winely Advertiser Terms and our Submission Policy are integral parts of our Terms of Use Agreement.
Requests for Removal of Links or Cached Materials
Winely occasionally receives requests from people to remove links from its directory. Although Winely reserves the right to address such requests individually, the general approach that Winely takes reflects the following principles:
Winely's directory consists of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Winely cannot and does not screen anything made available through its indices. For each web site reflected in Winely's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, Winely would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Winely.