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2. Intellectual Property
You agree not to use any part of WineSpectator.com or any Wine Spectator Digital Application for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site or any Digital Application if, in our opinion, your use of these products may violate any laws, infringe upon another person's rights or violate these Terms of Service. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, law or is otherwise vulgar or offensive.
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You may not republish any portion of the Content in print or electronic media including, but not limited to, any Internet, Intranet or extranet site or Digital Application. You may not incorporate the Content in any database, compilation, archive or cache. You may not distribute or participate in the distribution of any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape, cut and paste or otherwise copy our Content without permission. You also agree not to decompile, reverse engineer or disassemble any software, Digital Application or other products or processes accessible through Wine Spectator, not to insert any code or product or manipulate the Content in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Wine Spectator, WineSpectator.com, Wine Spectator Mobile, The New York Wine Experience, The California Wine Experience, The New World Wine Experience, WineRatings+, VintageChart+ and Wine Spectator's Guide to Napa Valley are trademarks of M. Shanken Communications. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Wine Spectator and WineSpectator.com will enforce its intellectual property rights to the fullest extent of the law.
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8. Other Specifics About Interactive Areas (Comments, Ratings, Message Boards, Chat Areas, Automated Posting of Classified or Other Advertising, etc.)
WineSpectator.com comments sections, ratings, forums, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of WineSpectator.com and the volume of messages and postings, WineSpectator.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through comments, postings on the forums, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. WineSpectator.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
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Interactive areas, comments, ratings, forums, chat rooms, etc., are intended to encourage public debate. We expect people to differ—judgment and opinion are subjective things—and we encourage freedom of speech and a marketplace of ideas. But by using these areas of WineSpectator.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by WineSpectator.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using WineSpectator.com, please do not post material that:
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While Wine Spectator uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Wine Spectator does not represent or warrant that use of any Content will not infringe rights of third parties. Wine Spectator has no responsibility for actions of third parties or for content provided or posted by others.
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Wine Spectator reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of WineSpectator.com or any Digital Application after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Site or Digital Applications prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. If any of these rules or future changes are unacceptable to you, you may cancel your WineSpectator.com membership by sending an email to: email@example.com. Cancellation policies and procedures for Digital Applications are governed by the stores or platforms on which they are sold. Your continued use of the service now, or following any changes to these Terms of Service will indicate acceptance by you of such rules, changes or modifications.<./p>
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15. Applicable Law
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Wine Spectator, WineSpectator.com or our Digital Applications must be filed in a federal or state court located in New York City, New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Wine Spectator to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Wine Spectator, and all other provisions for which survival is equitable or appropriate.
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