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WinePokke -Terms of Service-

Last update on September 27, 2012

Welcome to WinePokke. WinePokke is an online and mobile service that allows you to create online wine collections, organize and share wines you drink.
The WinePokke Service is provided by Field Works, Inc., however, we will refer to our company and Service as “WinePokke” to keep things simple. 
These terms govern your access to and use of WinePokke. By accessing or using the WinePokke, you are agreeing to theseTerms. 

"You" and "your" refer to you, as a user of the WinePokke. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the WinePokke. "We", "us", and "our" refer to WinePokke.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "User Content" means Content that you submit or transmit to, through, or in connection with the WinePokke, such as photos, ratings, comment, messages, and information that you publicly display or displayed in your account profile. "WineWiki " means wine-master-data we and users create and make available in connection with the WinePokke. "WineWiki" includes wine name, producer name, region name, sub region name, varietal, product type and or so."WinePokke Content" means all of the Content that is made available in connection with the WinePooke, including User Content and WineWiki.

This Terms of Service is the summary version of the original terms written in Japanese. Nevertheless, the Japanese original version of the terms governs your relationship with WinePokke, and any inconsistencies among the different versions will be resolved in favor of the Japanese original version.

We may modify the Terms from time to time. When changes are made, we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.

D) Basic Terms
1. You may not post nude, partially nude, or sexually suggestive photos.
2. You are responsible for any activity that occurs under your user name on the WinePokke
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other WinePokke users.
5. You may not use the WinePokke for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, user names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the WinePokke.
7. You must not modify, adapt or hack WinePokke or modify another website so as to falsely imply that it is associated with WinePokke.
8. You must not access WinePokke's private API by any other means other than the WinePokke application itself.
9. You must not crawl, scrape, or otherwise cache any content from WinePokke.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. You must not, in the use of WinePokke, violate any laws in your jurisdiction (including but not limited to copyright laws).
12. Violation of any of these agreements will result in the termination of your WinePokke account. While WinePokke prohibits such conduct and content on its site, you understand and agree that WinePokke cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the WinePokke at your own risk.
13. WinePokke may terminate your WinePokke account, when we judge your activity on WinePokke as unsuitable for smooth operation of WinePokke.

E) General Conditions
1. We reserve the right to modify or terminate the WinePokke for any reason, without notice at any time.
2. We reserve the right to refuse WinePokke to anyone for any reason at any time.
3. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
5. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

F) Proprietary Rights in Content on WinePokke
1. WinePokke does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the WinePokke, but except WineWiki. By displaying or posting any Content on or through the WinePokke, you hereby grant to WinePokke a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels.
2. WinePokke is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that WinePokke may place such advertising and promotions on the WinePokke or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You represent and warrant that: (i) you own the Content posted by you on or through the WinePokke or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the WinePokke does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the WinePokke.
4. The WinePokke contain Content of WinePokke ("WinePokke Content that includes WineWiki"). WinePokke Content is protected by copyright, trademark, patent, trade secret and other laws, and WinePokke owns and retains all rights in the WinePokke Content. WinePokke hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WinePokke Content (excluding any software code) solely for your personal use in connection with and using the WinePokke.
5. The WinePokke contain Content of Users and other WinePokke licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the WinePokke.
6. WinePokke performs technical functions necessary to offer the WinePoke, including but not limited to transcoding and/or reformatting Content to allow its use throughout the WinePokke.
7. Although the WinePokke are normally available, there will be occasions when the WinePokke will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of WinePokke. Also, although WinePokke will normally only delete Content that violates this Agreement, WinePokke reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by WinePokke in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, WinePokke encourages you to maintain your own backup of your Content. In other words, WinePokke is not a backup service. WinePokke will not be liable to you for any modification, suspension, or discontinuation of the WinePokke, or the loss of any Content.