The term "The Spirit" or "us" or "we" refers to the owner of the Site, The Spirit, Inc. The term "you" refers to the user or viewer of our Site.
Limitations of Use
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Links to Third Party Sites
You may delete all or any part of your Submissions at any time using the tools provided by The Spirit and the license granted to The Spirit shall terminate upon your deletion of such Submissions from the Site.
You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Spirit all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or in connection with The Spirit Service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in the The Spirit Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see the The Spirit Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Talk Forum Prohibited Content
- Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of The Spirit, does not otherwise have redeeming value to the community. The Spirit may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
- Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
- Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
- Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
- Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
- Content promoting or providing instructional information about illegal activities.
- Content depicting cruelty to animals.
- Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
- Content that violates any applicable laws or regulations not specifically referenced herein.
Partnership Link Policy
By claiming your business information on The Spirit and entering into a "Partnership" with The Spirit, you agree to link to The Spirit from at least one location on your site. The Spirit will provide "badges" to facilitate this linking but a text link to anywhere on The Spirit will fulfill this requirement. The Spirit may at times check to make sure your site is in compliance with this requirement or request you to provide the location of the link to The Spirit on your site. Failure to comply may result in your business and wines being removed from The Spirit.
Disclaimer of warranties
None of The Spirit, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "The Spirit parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and The Spirit disclaims liability for errors or omissions in the content.
This site and all of the content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. The Spirit parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
The Spirit may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and The Spirit parties do not undertake any obligation or responsibility to update or amend any such information. The Spirit reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or tyopographical errors. Use of this site is at your own risk.
Limitation of liability
Under no circumstances will The Spirit parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The Spirit parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Spirit is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that The Spirit parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.