Terms of Use

Welcome to the Terms of Use for TheSpir.it Users of our website ("Site") are provided with a wide variety of information and services, including search capabilities, access to reviews, the ability to submit reviews for other users, and shopping opportunities (collectively the "The Spirit Service"). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of The Spirit Service indicates your acceptance of the amended Terms of Use.

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

Your license for access and use of The Spirit Site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a)You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of The Spirit; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by The Spirit, including but not limited to the JavaScript URL Encode function by Craig A. Schultz, are subject to the same conditions.

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

The Site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). The Spirit cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by The Spirit of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of The Spirit and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and The Spirit shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

Reviews

For clarity, you retain all of your ownership rights in and to your Submissions. However, by submitting reviews, ratings or other content to The Spirit through this Site (collectively, "Submissions"), you are also granting to The Spirit a non-exclusive, royalty-free, worldwide license to use, display, reproduce, sublicense, transfer, modify and publish all or any portion of such Submissions in connection with the Site. The Spirit shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by The Spirit or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting The Spirit's responsibilities and obligations under its Privacy Policy.

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.

Indemnification

By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless The Spirit, Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of The SpiritThe Spirit Site.

Termination

You agree that The Spirit may, with or without cause, immediately terminate your Spirit account and access to The Spirit Service without prior notice. Without limiting the foregoing, the following will lead to a termination by The Spirit of a user's use of The Spirit Service (a) breaches or violations of this Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems. Termination of your Spirit account includes removal of access to all offerings within The Spirit Service and may also bar you from further use of The Spirit Service. Furthermore, you agree that all terminations shall be made in The Spirit's sole discretion and that The Spirit shall not be liable to you nor any third-party for any termination of your account or access to The Spirit Service.

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.

Copyright Complaints

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

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use, the following content is prohibited on The Spirit Talk:

  • 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.