Welcome to booquet! booquet.com is a website (the "Site") that allows you to find the wines you love through its unique array of content and tools, content aggregation services and social networking functionality (collectively, the "Services", which includes the Site,mobile versions of the Site, mobile applications derived from the site and downloadable applications). When you use the Services as a casual visitor or a registered member you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, you should not use these Services. The terms "us" or "we" refer to booquet, LLC, the owner and operator of the Services, and the term "you" refers to users and visitors of the Site. This is an agreement between you and us.
We reserve the right to modify this Agreement at any time, without prior notice, by posting amended terms on the Services. Your continued use of the Services after any posted changes indicates your acceptance of the amended Terms of Use.
The primary purpose of the Services is to provide you a single location where you can follow (and join) the conversation taking place online about wine generally, or a wine, wine type, wine region or anything else wine that you can think of, specifically. You should know that the great majority of the content made available on the Services is received by us though feeds or some other automated process and posted on the Services automatically. We do not, as a general rule, review the content before it is posted. While we reserve the right to remove any Content (as defined below) from the Services, we do not undertake the obligation to remove any Content and we do not take responsibility for the Content. The simple appearance of any Third Party Content on our Services should not be seen as our endorsement of the product, opinion or comment. The information and tools on the Services fall into one of four categories:
(a) "feeds": we aggregate blogs, articles, tweets, comments and other information from across the internet, present you a headline version of each piece and allow you to link to the full version for more information;
(b) "booquet user comments": these are comments that you and other users post on the Services;
(c) "licensed content": content we make available to you under an agreement with one of our partners; and
(d) "our content" -- we love wine and we write our own blog that we publish on the Site. Our content also includes all the other information within the Services that we created including our logo and the look and feel of the Services.
The feeds, booquet user comments and the licensed content are Third Party Content. We sometimes refer to the Third Party Content, combined with our content, as the Content.
A lot of what's on the Services is viewable without registering with us, but to actively participate or access the Service's most useful tools, you must either register as a member of the Site or authenticate through one of our social networking friends, Twitter or Facebook.
There are three types of registration on the Site:
(a) Member Registration. You can register for the Services by clicking the Sign Up link that appears at the top of each page of the website. If you sign-up for membership through the Services, you will provide us with a very limited amount of information about yourself, an email address and create a password. These are your "Credentials" for accessing the Services. You will also select a screen name that you will be associated with any booquet user comment you post using your Credentials. If you access your account page by clicking on your user name when you are logged in, you may have the opportunity to upload an image or icon ("Icon") that will be associated with your username. You may not use a screen name or Icon that is vulgar, attempts to impersonate another person, or violates the rights of others
(b) Retailer Registration. You may register with us to list your wine store or winery in our directory by clicking on the Join Us link adjacent to the question "Do you sell wine?" that appears in the header of each page. By registering, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, display, perform, modify and distribute through multiple tiers of distribution (collectively "Use") the information that you provide us about your establishment including, as applicable, your wine and price lists and to direct users to your online store based upon such information.
(c) Blogger Registration. You can register with us to aggregate your blog on the Services by clicking on the Join Us link adjacent to the question "Do you write about wine?" that appears in the header of each page. By registering, you grant us a perpetual, irrevocable, worldwide, royalty-free right to Use your blog, including in the Services.
We have relationships with Twitter and Facebook. If you prefer, you can authenticate through Twitter or Facebook by clicking on the appropriate icon on the registration page and following the directions provided by Twitter or Facebook. When you authenticate through Twitter or Facebook, you provide us a perpetual, irrevocable, royalty-free license to use, reproduce, display, distribute, and excerpt any posts you made on Twitter or Facebook, respectively, in all media now known and later developed. And you provide us a license to allow others to do the same.. When you make a post to the Services, you may be provided with the opportunity to also make the post available through your Facebook and/or Twitter account. If you make such a request, we will disclose the information to Twitter and/or Facebook and they in turn may make the post available through their services. Twitter or Facebook's use of your post is governed by their terms of use not ours.
We give you permission to view the Services and the Site for your personal, non-commercial use only. Except for the limited license granted to you in this paragraph, we reserve all right, title and interest in our content, the Services, Site, and the Content as a whole as such Content is protected as a collective work or compilation under copyright law and international conventions. If you are a news organization or otherwise making fair use of our content on the Site, we ask that you include the following attribution: Copyright © 2009 booquet, LLC. All rights reserved. If you would like permission to use any of our content for commercial purposes, please send an email to indicating who you are, what organization you represent, the intended use (including length of any such use) and the content to be used (including the URL). We reserve the right to refuse permission at our discretion. Please note that much of the Content is owned by third parties. For any Third Party Content please seek the permission of the applicable copyright owner.
Your privacy and the protection of your personal information is important to us. The booquet privacy policy explains our information practices. Please read and make sure you understand how we use information collected on the Services before using the Services.
When you submit a booquet user comment, we may post the comment on the Services in conjunction with your user name and icon (if any). You continue to own the copyright in any comment you post, but by submitting the comment, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, display, perform, modify and distribute through multiple tiers of distribution (collectively "Use") the comment in the Services and in all other media and manner now known or later developed. You also agree that we can Use your comment, name and icon on the Services and in all media and manner now known and later developed for the purpose of promoting the comment and/or the Services. You represent and warrant that you have all the rights necessary to grant the rights in this section. Any and all booquet user comments you post must comply with the posting guidelines established below. We reserve the right to remove any comment and the right to block you from making any comments.
Please remember that the feeds and the booquet user comments are provided for the benefit of people like you. If you see any Materials on the site, including any material from feeds, licensing partners or us, that violate these guidelines, you can choose to ignore it. But we prefer that you report any violations to us by clicking on the flag button that appears next to each post.
We welcome your feedback which you may provide in any number of ways (e.g., through booquet user comments, email, or snail mais communications with us). You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, that we will own all intellectual property that we create based upon or incorporating your feedback, and that we will not be required to pay you any compensation for the feedback or our use of it.
You are responsible for all use of the Services using your Credentials, including use by others to whom you have given your credentials. You are responsible for keeping your password confidential and notifying us if your password has been hacked or stolen. Please contact us if you believe your password may have been compromised (). We provide the Services for your personal enjoyment. Your use of the Services are subject to the following restrictions: (a) you may not copy, reproduce, distribute, republish, display, post, or transmit any of our content without our express written consent, (b) you may not copy, reproduce, distribute, republish, display, post, or transmit any of the feeds, licensed content, or booquet user comments without the express written consent of the copyright owner; (c) you may not use any of the Content to develop, or to be used as part of any database, information retrieval system or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. Further, you may not use or harvest contact information provided by booquet.com users for the purpose of sending unsolicited bulk communications, such as SPAM. You also may not "mirror" any Content, frame the Site or Services or otherwise simulate the Site or the Services. You may not use the Services in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party's use of the Services. You may not use any robot, spider, scraper or other automated means to access the Services.
The Site and Services link to other websites. Similar to the Third Party Content listed above, these sites may contain materials that are objectionable, unlawful, or inaccurate. In addition, we may provide links and/or information about stores from which you can purchase wines. All links and information provided on the Site and Services are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content, accuracy, polices or acts and omissions of these other sites or the products sold through these sites. The sites are operated by third parties and are not governed by our terms of service or privacy policy. Please review the third party site's terms and privacy policy before engaging the site.
Certain Services may have additional terms (such as policies, guidelines and rules) that will supplement these terms of service for the particular Service. If you choose to register for or access any such Service, you will be presented with the relevant additional terms at that time. By using the Service, you agree that the additional terms apply to your use of the Service.
We reserve the right to change, suspend or discontinue the Site or the Service at any time, including the availability of any Service feature, database or content. We may also terminate your membership or otherwise impose limits on your access to part or all of the Services at any time without notice or liability.
THE SITE, SERVICES AND THE CONTENT (INCLUDING WITHOUT LIMITATION OUR CONTENT AND THE THIRD PARTY CONTENT) ARE PROVIDED "AS-IS". WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, THAT THE SOFTWARE, INFRASTRUCTURE, OR CONTENT ARE COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION WHEN DOWNLOADING ANY CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND YOU DOWNLOAD CONTENT FROM THE SERVICES AT YOUR OWN RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR SIX MONTHS FOR THE SPECIFIC SERVICE AT ISSUE. IN NO EVENT WILL WE BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
By accepting the Terms of Use, you agree to indemnify, defend and otherwise hold harmless booquet, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your breach of any of your obligations or your use of the Site and Services.
You agree that the law of the state of Maryland governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the state's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the Bethesda, Maryland.
We respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
(a) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
(b) A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
(c) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
(d) Identification of the URL or other specific location on this Services where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
(e) Your name, address, telephone number, and email address so that we may contact you.
(f) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(g) A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:
booquet, LLC
P.O. Box 30339
Bethesda MD 20824
By email:
All trademarks appearing on the Services are the property of their respective owners, including, without limitation booquet. No right, license or interest to such trademarks is granted by this terms of service.
This terms of service and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. We may assign this terms of service at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site and Services regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.