These Terms of Service are set forth by Executive Vine, Inc., Executive Vine, executivevine.com and executive-vine.com, referred to as “we”, “us” or “our”, together with the “Site”, the “Services”. Please read and understand these Terms of Service before using the Site. These Terms of Service are the legally binding terms and conditions for your use of the Site and the Services offered by us.
For purposes of these Terms of Service, the term “Content” includes, without limitation articles, photographs, images, illustrations, audio clips, video clips, written posts and comments, software, scripts, graphics, and other information, data, text, and interactive features generated, provided, or otherwise made accessible on or through the Site. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). In addition to copyright protection, Published Content is protected by trademarks, service marks or other proprietary rights and laws. You shall abide by and maintain all copyright or other notices, information, and restrictions contained in any Content accessed through the Site.
All Content added, created, uploaded, submitted, distributed, or posted to the Site by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate. Executive Vine makes publication decisions on submitted and contributed articles at its sole discretion, and only publishes content submitted, contributed and/or approved by the originator of the content. The content you read on ExecutiveVine.com is from the original author of the content and its submission, contribution and publication is approved by that author.
EXECUTIVE VINE CONTENT
All Content published or otherwise made available through the Site is protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by the Executive Vine and/or its licensors, as applicable. The Site and all Content, is provided solely for your personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
- By using the Site in any manner, including but not limited to visiting or browsing the Site or signing up to receive any communications from us, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- The Site may be subject to additional terms and conditions specified by us from time to time; your use of the Site is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- There is no charge from Executive Vine to access and view the Site, there is no charge to submit and have an article accepted/published, and there are no fees paid for submitted articles. The site is an open Op-Ex platform.
- These Terms of Service apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms of Service or use of the Site is prohibited or to the extent offering, sale or provision of the Site conflicts with any applicable law, rule or regulation. Further, the Site is offered only for your use, and not for the use or benefit of any third party. You must notify us immediately of any change in your eligibility to use the Site, breach of security or any other unauthorized use of the Services you become aware of.
You can use most parts of the Site without registering, but occasionally there may be features that require you to sign up. When you sign up for any such features, you must provide accurate and complete information and keep such information updated. You may never use another person’s personal information to sign up for any part of the Site. You have the ability to stop receiving certain of the Services you sign up for by emailing us at through our Contact page.
Subject to these Terms of Service, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Site. Subject to these Terms of Service, you may copy, distribute, and/or share links to any Content that resides on the Site and/or the Services for your non-commercial use, provided that any such link is accompanied by proper attribution back to the Executive Vine as the source of such Content or Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Site, including without limitation any copying, sharing, or distribution of any Content in a manner other than linking or as otherwise authorized in these Terms of Service, in whole or in part, is expressly prohibited without prior written permission from us. In order to request such permission, please contact us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
By submitting User Content through the Site, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination of your account or the Site. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and to remove or block any Content from the Site.
SHARING CONTENT VIA SOCIAL MEDIA SERVICES
Certain features of the Site allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Site with others through your Third Party Accounts, such as your social networks, you authorize Executive Vine to share that information with the applicable Third Party Service (defined below). Please review the policies of any Third Party Services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
- As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Site.
- You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- You shall not: take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Services); run any form of auto-responder or “spam” on the Site; use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; harvest or scrape any Content from the Site; or otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, modify, translate, or otherwise create derivative works of any part of the Site, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, (enforce these Terms of Service, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of us, our users and the public.
THIRD PARTY SERVICES
The Site may permit you to link to other websites, services or resources on the Internet (each a “Third Party Service”), and other websites, services or resources may contain links to the Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
You may contact us at the following address: Executive Vine, Inc., 1042 Maple Avenue; Suite 260 Lisle, IL 60532 USA
We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Site;
- what Content you access via the Site; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Site. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Site, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR FOR ANY DIRECT OR INDIRECT DAMAGES.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of DuPage County, Illinois.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following notification of any changes to these Terms of Service constitutes acceptance of those changes.
- SCOPE OF AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with respect to the Site, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
- NATURAL EVENTS
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- NO OTHER RELATIONSHIPS CREATED
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- NO WAIVER
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- PARAGRAPHS AND FORMAT
The section and paragraph format in these Terms of Service are for convenience only and shall not affect their interpretation.
EFFECTIVE DATE OF TERMS OF SERVICE
December 1, 2015