• Review the MoltoVino User Agreement and Privacy Policy and the policies incorporated by reference in those documents.
• Read and accept the specific clauses by checking the boxes
• Accept the User Agreement, Privacy Policy and the terms and the policies incorporated by reference by Clicking the 'I accept' button at the bottom of the page

If you choose not to accept the terms and conditions on this page and incorporated in the User Agreement and Privacy Policy please click on the "I decline" button. Please note that you will not be able to use our services.

 

MoltoVino User Agreement
THE FOLLOWING DESCRIBES THE TERMS BY WHICH MOLTOVINO.COM OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. Welcome to MoltoVino’s User Agreement. MoltoVino’s Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained hereinafter referred to as the Agreement. MoltoVino provides its service to you, subject to the following User Agreement. The Agreement establishes the terms and conditions applicable to your use of our services at MoltoVino.com (hereinafter referred to as the "Agreement"). Before being able to transact on the Site, the Member is given the opportunity to accept the terms and conditions of the Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. By joining the Site, the Member is deemed to have accepted them and has a legal obligation to comply with them in order to benefit from continuous access to the Site and Services. ARTICLE 1. CONDITIONS OF MEMBERSHIP Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or any person under age 21 in the United States or of legal drinking age in their country of residence. If you do not qualify, please do not use our services. MoltoVino may refuse our services (such as, but not limited to listings and purchasing) to anyone at any time, at our sole discretion. Individuals (buyers and sellers) must be at least 21 years of age if you reside in the United States or of legal drinking age in their country of residence. Further, your MoltoVino account, including your feedback and User Id may not be transferred or sold to another party. Members undertake: To comply with all laws and regulations in force, including, in particular, the laws relating to the sale and distribution of alcoholic beverages; Not to impersonate any person, supply false information or otherwise misrepresent their affiliation with any person, organization or other entity, Not to use the Site to harvest or collect personal information, including, without limitation, financial information concerning other Members and of the Site; not to display, promote or transmit information or materials on the Site of any kind or nature which may be unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racist or otherwise objectionable; Not to transmit or display any information or materials, which encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any statute; Not to interfere with the use or enjoyment of the Site by the other Members, conduct any survey, hold any contest, send any chain letter, or display or send e-mails or advertising messages through unsolicited mass mailings; Not to download or distribute files, in any manner whatsoever, that may be contaminated by viruses or corrupted or altered files, or any other similar software or program that could interfere with the functioning of the Site or the computers of third parties; Not to interfere with or disturb the functioning of the networks connected with the Site; Not to do any thing which would impose an unreasonable or disproportionately large load on the infrastructure of the Site; and Not to disclose their passwords to third parties or use their passwords for unauthorized purposes. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. MoltoVino’s Site and Services are accessible to organizations, corporations and other business entities and their employees who have been designated. Members and their designated employees undertake: To comply with all laws and regulations in force, including, in particular, the laws relating to the sale and distribution of alcoholic beverages; Not to impersonate any person, supply false information or otherwise misrepresent their affiliation with any person, organization or other entity, Not to use the Site to harvest or collect personal information, including, without limitation, financial information concerning other Members and of the Site; not to display, promote or transmit information or materials on the Site of any kind or nature which may be unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racist or otherwise objectionable; Not to transmit or display any information or materials, which encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any statute; Not to interfere with the use or enjoyment of the Site by the other Members, conduct any survey, hold any contest, send any chain letter, or display or send e-mails or advertising messages through unsolicited mass mailings; Not to download or distribute files, in any manner whatsoever, that may be contaminated by viruses or corrupted or altered files, or any other similar software or program that could interfere with the functioning of the Site or the computers of third parties; Not to interfere with or disturb the functioning of the networks connected with the Site; Not to do any thing which would impose an unreasonable or disproportionately large load on the infrastructure of the Site; and Not to disclose their passwords to third parties or use their passwords for unauthorized purposes. Additionally, there are some restrictions on buyer participation due to alcohol laws related to interstate commerce. Each seller will note in the item description, which states they are allowed to ship to, along with other buyer requirements for participation. For a complete reference to state-by-state legislation, policy, regulation, and laws on direct interstate wine shipment in the United States, go to http://www.wineinstitute.org/shipwine/analysis/state_analysis.htm ARTICLE 2. FEES Membership and buying on MoltoVino.com are free. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. Our Fees are available at http://www.moltovino.com/fee_sched.html. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. ARTICLE 3. MOLTOVINO IS A VENUE As a venue, MoltoVino is a web-based application, it is not a consignee, wholesaler, broker, agent, distributor, seller or auctioneer. Our site acts as a venue for sellers to offer goods for sale and for buyers to purchase goods offered. MoltoVino.com is not a party to transactions between Members. Consequently, MoltoVino.com makes no representation or warranty regarding the following: a) prices, terms of contracts, or the quality, security, conformity or legality of products offered for sale; b) the capacity of Members to sell or purchase products; c) the conclusion and execution of sales; d) the payment or compiling of offers made and purchases placed on the Site; e) the quality control, compatibility, security or legality of products offered on the Site, or the control of the truthfulness or accuracy of information displayed on the Site. In addition, note that there are risks of dealing with foreign nationals, disguised underage persons or people acting under false pretense. We will report such abuses to the competent autorities. ARTICLE 4. IDENTITY VERIFICATION You agree to not use the Service to impersonate any person or entity, including, but not limited to, a MoltoVino official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. We do not control nor confirm the information provided by other users that is made available through our system. User authentication on the Internet is difficult; therefore MoltoVino.com cannot and does not confirm that each user is who they claim to be. We encourage you to communicate directly with a trading partner to help you evaluate with whom you are dealing. If you have any concerns about your trading partner, please consider the use of a third party escrow service or services that provide additional user verification. You warrant that all information supplied by you and/or designated member in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties In the event that you have a dispute with one or more users, you hereby release MoltoVino.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) and agree to hold it harmless against all claims, demands and damages of any kind or nature arising from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For legal reasons, we cannot nor do we try to control the information provided by other users that is made available through our system. By its very nature, some members’ information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. ARTICLE 5. BUYING Limitation of Liability: The buyer expressly acknowledges and agrees that neither the seller nor MoltoVino shall be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on the MoltoVino site. As a buyer, you are obligated to complete the transaction with the seller: By purchasing an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Purchases are non-retractable except in exceptional circumstances, such as: when a seller changes an item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; or when the seller does not confirm your purchase. The member’s right to use the Site is non-assignable and non-transferable. Each buyer represents and warrants that: a. The buyer of the wine is at least 21 years old in the United States of America. b. The recipient of the wine is at least 21 years old in the United States of America. c. The transaction will comply with all inter-state and international commerce laws, including all laws around shipping and fulfillment. Purchases are binding. You are obligated as the buyer to complete the transaction with the seller upon the order completion, unless there is an exceptional circumstance, such as: (a) the seller fails to meet the terms put forth in his description, or you cannot authenticate the seller’s identity. MoltoVino reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. ARTICLE 6. LISTING & SELLING Limitation of Liability: Seller expressly acknowledges and agrees that MoltoVino shall not be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on the MoltoVino site. You must be legally able to sell the items you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each Seller represents and warrants that: a. The seller of the wine has the right, power and authority to sell the wine; b. The owner of the wine is 21 years of age in the United States. c. The recipient (and buyer if different from the recipient) has proven he/she is 21 years of age or older prior to delivery. d. The transaction will comply with all inter-state and international commerce laws, including all laws around shipping and fulfillment. Sales are binding. If you receive a purchase order, you are obligated as the seller to complete the transaction with the buyer, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. MoltoVino.com reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. ARTICLE 7. SHIPPING Due to State, Federal and international regulations governing the limitations of shipping alcohol, Sellers can presently ship wine directly to buyers and to participating wholesalers and retailers or recipients in some U.S. states only and some foreign countries. In the U.S., since each state has its own regulations governing the shipment of wine, seller must clearly note which states it is able to ship to in the item description. Click http://www.wineinstitute.org/shipwine/analysis/intro_analysis.htm to learn more about State Shipping Laws and which laws govern which states. For a complete reference to state-by-state legislation, policy, regulation, and laws on direct interstate wine shipment go to http://www.wineinstitute.org/shipwine/analysis/state_analysis.htm ARTICLE 8. INDEMNIFICATION The seller is solely responsible for compliance with all laws associated with the sale of wine. The seller indemnifies MoltoVino.com of all responsibility associated with this sale. It is therefore the seller's sole discretion of the completion of the transaction based on it's ability to assure that the transaction is in compliance with all laws associated with the sale of alcohol. ARTICLE 9. FRAUD Without limiting any other remedies, MoltoVino may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site. Neither buyers nor sellers may manipulate the price of any item nor may interfere with other user's listings or transactions. Fraudulent activities will promptly be turned over to the competent authorities. ARTICLE 10. LISTING POLICY Users may not use systems or techniques to interfere with the proper working of the MoltoVino website. Some examples include but are not limited to: Listings with an e-mail address or domain name in the title or the description are prohibited. Links are not permitted. These include but are not limited to: links to other trading sites; links to sites offering the same merchandise for the same or lower price; links to sites offering merchandise prohibited on MoltoVino. The links described above are not permitted and will be ended. Repeat offenders will be banned. Items offered for direct sale. Offering in a listing the opportunity to purchase the item or other merchandise outside of MoltoVino.com. Listings with low prices but unreasonably high shipping costs. Such listings may cause a seller to be suspended. Selling an item that requires an additional purchase from the seller. Credit card surcharges. Seller may not charge a fee, often called a "credit card surcharge," when accepting credit card payments. This surcharge, which is an added cost to the buyer over and above the final sale price and shipping/handling, is not allowed under the laws of many states, including California. Catalog sales. Listings of catalogs from which buyers may order further items directly are prohibited. The seller will usually offer the catalog and complete offline sales for items found in the catalog, which subsequently circumvents our fees. These types of listings are not permitted and will be ended. Such listings may cause a seller to be suspended. Repeat offenses If a seller repeatedly lists items that violate the terms of the User Agreement, that seller is subject to suspension. Disciplinary action may result in a formal warning, temporary suspension, or the indefinite suspension of a user's account. ARTICLE 11. YOUR INFORMATION 11.1 Definition. Access to and use of the Site are authorized through the combined use of a username and password. Each user shall choose his own username and password, and is responsible for keeping them confidential. Your Information is defined as any information you provide to us or other users in the registration, purchasing or listing process, or through email. You are solely responsible for your Information, and we act as a platform for your online distribution and publication of your Information. The member’s right to use the site is non-assignable and non-transferable. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MoltoVino of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MoltoVino cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 11.2 Restricted Activities. Your Information or any items listed, and your activities on the site shall not: a) be false, inaccurate or misleading; b) be fraudulent or involve the sale of counterfeit or stolen items; c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising); e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; f) contain any viruses, Trojan horses, worms, or other computer programming scripts that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; g) create liability for us or cause us to lose in whole or in part the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that:1) are prohibited under this Agreement; 2) are identical to other items you have up for sale but are priced lower than your item's price on our site; 3) are concurrently listed for sale on a web site other than MoltoVino.com (this does not preclude linking to or advertising an MoltoVino.com item from another web site); or 4) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. ARTICLE 12. FEEDBACK 12.1 Integrity. You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -3 (minus three), your membership may be suspended, and you may be unable to list or bid. 12.2 Export. You understand and agree that your feedback consists of comments written by other users and a composite feedback number compiled by MoltoVino.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than to facilitate informed trading between users, you agree that you shall not market or export your MoltoVino.com feedback rating in any venue other than this one. 12.3 Import. We prohibit the import of feedback from other (non-MoltoVino operated) websites to this site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. ARTICLE 13. ACCESS AND INTERFERENCE You agree that you will not use any device to interfere or attempt to interfere with the proper working of MoltoVino.com or any activities conducted on our site. MoltoVino.com reserves the right to establish conditions for the use of and limits on the amount of memory or other computer storage (archiving) that a member may use on the site. MoltoVino.com shall assume no liability for the deletion of, or failure of the Site to save or store, any data or any information or materials of the member. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of MoltoVino.com ARTICLE 14. BREACH Any contravention of a provision contained of this Agreement may result in the immediate termination of your membership without further notice. Additionally, we may indefinitely suspend or terminate your membership and refuse to provide our services to you if we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause financial loss or legal liability for you, our users or us. In case of termination of the Agreement, the Member shall cease to use the Site, and MoltoVino may terminate all access to the Site. ARTICLE 15. NO WARRANTY WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. ARTICLE 16. LIMIT TO LIABILITY IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS be held liable or be obligated to indemnify a member for indirect, incidental, special, exemplary or punitive damages HOWEVER ARISING, INCLUDING NEGLIGENCE. Both buyer & seller expressly acknowledge and agree that MoltoVino.com shall not be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on this site The total cumulative liability of MoltoVino.com resulting from this Agreement shall not under any circumstances exceed the aggregate of the amounts paid by such Member for the use of the Site under this Agreement or $50.00. This Agreement shall be terminated if MoltoVino.com goes bankrupt, becomes insolvent, or commits any act for the benefit of its creditors under any statute relating to bankruptcy and insolvency. MoltoVino.com shall assume no liability for the deletion of, or failure of the site to save, store or display any data or any information, materials or listed items of the member whether caused by earthquakes, fire, or other cataclysmic event, or negligence. ARTICLE 17. INDEMNITY You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party ARTICLE 18. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of alcohol. ARTICLE 19. GENERAL We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MoltoVino.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and shall survive any termination or expiration of this Agreement.

I have read the User Agreement and Privacy Policy and the policies above, incorporated by reference, understand and accept all of the terms and conditions, and specifically acknowledge and accept the following: Check off the boxes: I must be an adult (21 years and over) to trade on MoltoVino, I understand alcohol laws related to interstate commerce, and I certify that I am an adult and can enter into this Agreement. I agree (Required) I agree to be contacted by MoltoVino in accordance with the default settings of "My Account" Preferences and understand that I can change those preferences at any time by going to the Preferences page in My Account. I agree (Required) I understand that the information I provide will be collected, stored and processed by MoltoVino LLC, located in Los Angeles, California, USA. I agree (Required) MoltoVino strongly encourages you to review the User Agreement and Privacy Policy in detail as well as the terms and conditions that are linked from those policies.

If you have any problems registering, contact customer support. Copyright © 2005 MoltoVino.com, All rights reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the MoltoVino User Agreement and Privacy Policy.