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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.
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