TERMS OF SERVICE OF SOMM360
Last modification: October 7th, 2020
ACCEPTANCE OF TERMS OF SERVICE
- This is an agreement between World Exquis Inc. ("SOMM360"), owner and operator of the website accessible at www.somm360.com (the "Platform"), and you ("you" or "You"), a user of the Platform (“User”).
- Account Creation. Some functionalities of the Platform may require the creation of a user account. If you create an account, you must complete the registration process by providing SOMM360 with current, complete, and accurate information as prompted by the applicable registration form. Depending on whether you create an account as a Wine Lover or a Wine Professional, some functionalities of the Platform may not be available to you. If you create an account as a Wine Professional, you will be required to provide proof of employment testifying of your status as a professional.
- Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur with your account. You agree to notify SOMM360 immediately of any unauthorized use of your account or any other breach of security.
- Account Security. SOMM360 cannot guarantee that unauthorized third parties will never be able to defeat the Platform’s security measures or use for improper purposes any personal information that you provide us. You acknowledge that you provide your personal information at your own risk.
- Liability for Account Misuse. SOMM360 will not be liable for any loss, including the loss of data associated with your account, that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by SOMM360 or another party due to someone else using your account or password.
- Assignment. It is prohibited to sell or otherwise assign your account to any User or any other third party.
- Use of Other Accounts. You may not use anyone else's account at any time, unless with the permission of the account holder as her or his duly authorized mandatary.
- Account Termination. SOMM360 reserves its right to delete any account inactive for a period of at least one (1) year, as well as any data associated with such account. However, no data shall be deleted without prior notice to the account holder.
- Account Discontinuation. You may delete your account on the Platform for any reason, as your sole discretion and without notice, without liability to SOMM360.
- Changes in services. SOMM360 hereby reserves the right, at any time, to modify or interrupt the Services (or any other part of said Services) without notice. SOMM360 is not liable to you or to any third party for any change, suspension or interruption of the Service.
- Availability. SOMM360 offers no warranty regarding the availability of the Platform and Services. SOMM360 may shut down the Platform for maintenance or for any other reason, at any time.
- Limitations. We do not warrant that the quality of any services or information, obtained by you, will meet your expectations, or that any errors in the Services will be corrected.
- Content Ownership. You retain all ownership rights to any images, text, quiz answers, graphics, videos, photos, information, or other materials (“Content”) uploaded onto the Platform.
- Netiquette. At any given time, when you publish Content, you agree not to make any publication that could be, at the sole discretion of SOMM360, considered as;(i) insulting, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language); (ii) involving vulgar, obscene or malicious language; or (iii) disclosing personal information or confidential data about others.
- Responsibility for Content You hereby acknowledge and agree that you are solely responsible for all Content that you submit to the Platform. Accordingly, you represent and warrant that; (i) you either are the sole and exclusive owner of all Content submitted to the Platform, or you have all rights, licences, permission, consents and release necessary to grant SOMM360 the rights in such Content, and; (ii) neither the Content nor your posting, transmission or submission of your Content or SOMM360’s use of your Content infringes or will infringe any third-party rights, including intellectual property rights and image rights, or any law or regulation, whether Canadian or foreign.
- Platform Administration. SOMM360 reserves all rights with respect to the administration of the Platform, including, but not limited to, the right to remove without notice any Content that, in the sole discretion of SOMM360, does not comply with the rules set forth in section 13 of these Terms of Service. SOMM360 reserves the right to delete any user account used for purposes contrary to these Terms of Service.
PRIZES AND CONTESTS
- Through the Platform, you may have the ability to access contests and quizzes and, in some cases, win prizes. The prizes awarded on the Platform do not, in any case, hold any monetary value. When the prizes are randomized, SOMM360 will generally inform you of the different possible prizes and the probability to obtain each one. All contests are talent-based, and some prizes are awarded based on your seasonal rankings on the Platform. All prizes are offered for the sole purpose of enhancing the User’s experience on the Platform and may not, in any way, be returned nor exchanged. Under no circumstances may prizes be claimed, exchanged or redeemed outside of the Platform.
- Access and Use. You are allowed to access and use the Platform, for your personal and non-commercial use solely, including the using the Services offered.
- Restrictions. You shall not; (i) use the Platform for purposes other than in accordance with these Terms of Service; (ii) copy, distribute, or disclose any part of the Platform in any medium, including by any automated or non-automated web scraping tool or technique, (iii) use any automated system, including "robots," "spiders," and "offline readers", to access the Platform; (iv) transmit, via the Platform, spam or other unsolicited content; (v) attempt to interfere with the servers running the Platform, compromise their system’s integrity or security, or decipher any transmissions to or from them; (vi) take any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Platform infrastructure; (vii) upload invalid data, viruses, worms, or other malware through the Platform, (viii) collect, extract or harvest, or attempt to, any personally identifiable information from the Platform; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Platform; (xi) access any content on the Platform through any technology or means other than those provided or authorized by the Platform, (xii) bypass the measures that SOMM360 may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or the content therein; (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Platform, or (xiv) otherwise use the Platform in contravention with applicable law
- Investigation and Prosecution. SOMM360 shall have the right to investigate and prosecute any violation of these Terms of Service, to the fullest extent permitted by law. In case of violation of these Terms of Service, SOMM360 shall have the right, at any time and without prior notice, disable your access or use to the Platform.
- Trademarks. All trademarks (including words, expressions and logos) used by SOMM360 for the purposes of distinguishing or so as to distinguish its own goods or services advertised or promoted on the Platform from those of others are owned by SOMM360. SOMM360 tradenames and logos are trademarks of SOMM360, and may not be used, reproduced or imitated, in whole or in part, without the prior written permission of SOMM360.
- Copyright. All original works reproduced or published on the Platform are protected by copyright. The owner of the copyright in each of such work reserves all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
- Other rights. The Platform, or any part thereof, may also be protected by industrial designs, patents and other intellectual property rights. SOMM360 reserves all rights with respect to the Platform, the Content, the Services that are not expressly granted herein. You agree not to use, copy or distribute any Content on the Platform other than as expressly permitted.
- Feedback. SOMM360 is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Platform or any other SOMM360 product or service ("Feedback"), without compensation or attribution to the User or to any person behind this Feedback.
- Reverse engineering. Any action assimilated to Reverse Engineering, regarding the Platform, Services or other Confidential Information (as defined below) that is encrypted or otherwise provided in a non-human-readable form is strictly prohibited. “Reverse Engineering” includes any reverse engineering, translation, disassembly, decompilation, decryption or deconstruction (including "cable sniffing" or "black box reverse engineering") or any method or process to obtain or convert any information or data or any software into human-readable form
- Definition. For the purpose of the present section, “Confidential Information” means any non-public information, in connection with SOMM360, including in connection with the Platform and its Services (including any trade secrets), written or oral, whether or not marked as confidential.
- Obligation of Confidentiality. You agree to protect SOMM360’s Confidential Information with the same care and discretion applied to your own Confidential Information, but in no event less than reasonable care and discretion. Without limiting the foregoing, you agree to keep the SOMM360’s Confidential Information secret, and to not disclose, copy or otherwise provide in part or in whole, to any third party, any Confidential Information.
- Limited purposes. The User may only use Confidential Information for the purpose of using the Platform.
- Notice. The User must notify SOMM360 promptly and in a timely manner if the User is required by law to disclose any Confidential Information or is aware of any unauthorized disclosure of Confidential Information.
- Survival. The present confidentiality obligations shall expire five (5) years from the date of disclosure, except for trade secrets, in which case, shall be held in confidence for so long as they constitute trade secrets.
- When you provide SOMM360 with your email address via the Platform, you expressly consent that SOMM360 will keep your email address in its databases or that it may use such email address in its mailing list to communicate with you to; (i) validate certain information relating to your account;(ii) keep you informed of the status of your account on the Platform; (iii) conduct surveys or verification relating to the Platform, namely its functionalities, user-friendliness or your appreciation of the Platform; (iv) offer you advantages or promotions offered by SOMM360, or (v) any other purpose relating to the Platform or security of Users
- External Sites. The Platform may contain hyperlinks to external Internet sites that remove you from the Platform (the "External Sites"). You acknowledge and agree that SOMM360 is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any endorsement or endorsement by SOMM360 of such External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Platform, you expressly release SOMM360 from any liability arising from your use of any External Site.
- The Platform is provided to you "as is", without any warranties of any kind. To the fullest extent permissible under applicable laws, SOMM360 disclaims all such warranties, express or implied, including, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. SOMM360 may update the Platform without prior notice to Users. While SOMM360 does everything in its power to assure that the information presented on the Platform is complete and accurate, SOMM360 cannot guarantee that such information is free from any errors, omissions or inaccuracies. SOMM360 makes no warranty regarding the quality of any services or content obtained through the Platform.
LIMITATION OF LIABILITY
- Limitations. You acknowledge and agree that you assume the entire risk arising from your access or use of the Platform, including licit and illicit uses. To the fullest extent permitted by applicable laws, in no event shall SOMM360, its affiliates, directors, employees, agents, licensees, successors and assigns, (“Affiliates”) be liable for any special, direct, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort, or otherwise, arising out of, or in any way connected with, the use of or inability to use the Platform, including any damages caused by, or resulting from, the use or performance of the Services and the Platform, including any damages caused by, or resulting from, reliance by a User on any information obtained from the Platform or the Services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
- No Liability for third parties. To the extent permitted by law, SOMM360, and its Affiliates, are not responsible for the acts, omissions or conduct of any third party user of the Platform and Services and can in no way be held liable for any loss, damage or expense arising in any way from the acts, omissions or conduct of a third party user of the Platform or Services.
- Exclusion of damages. Under no circumstances shall SOMM 360 be liable to any User for any consequential, indirect, special, incidental or punitive damages in connection with the hereby Terms of Service or in connection with the Platform and/or Services.
- By using the Platform, you agree to defend, indemnify and hold harmless SOMM360, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlements arising from or relating to your use of the Platform and/or the Services in breach of these Terms of Service, or your violation of any third-party rights. SOMM360 may assume the exclusive defense and control of any matter for which you have agreed to indemnify SOMM360 and you agree to assist and cooperate with SOMM360 in the defense or settlement of any such matters and to assume all costs, expenses, fees and disbursements.
CHANGES TO THE TERMS OF SERVICE
- Right to Change Terms. SOMM360 reserves the right, in its sole discretion, to change these Termes of Services (“Updated Terms”) from time to time. SOMM360 will notify you of this update on the Platform. The User must regularly consult these Terms of Service, notably by verifying the date of the last modification at the top of the hereby page.
- Acceptance of Updated Terms. Your use of the Platform after the effective date of Updated Terms constitutes your agreement to these Updated Terms. You should review these Terms of Service and any Updated Terms before using the Platform.
- Termination by SOMM360. SOMM360 may terminate or suspend your access to or ability to use the Platform immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service.
- Effect of Termination. Upon termination of your access to or ability to use the Platform, your right to use or access the Platform will immediately cease.
- Survival of Provisions. These Terms of Service provisions that by their nature should survive termination shall survive termination, including ownership and indemnification provisions, warranty disclaimers and limitations of liability. Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to the termination or limit any liability that you otherwise may have to SOMM360 or any third party.
- Waiver. The negligence or delay by SOMM360 to exercise a right, recourse, power or privilege in accordance with the Terms of Service does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made in writing and must be signed by SOMM360. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.
- Headings. The headings used in these Terms of Service have no interpretative value. Their sole function is to facilitate consultation of the Terms of Service.
- Governing laws. These Terms of Service and use of the Platform are governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to its conflict of law rules. When you use the Platform, you acknowledge that any dispute arising, directly or indirectly, from the Platform or the Services, or relating to these Terms of Service, shall be subject to the exclusive jurisdiction of the courts of the judicial district of Québec (Québec).
- SOMM360 appreciates your comments, questions and feedback, which may be sent to [[email protected]].