Terms of Service
Paircraft™ Site Terms of Service
1. GENERAL RULES AND DEFINITIONS
- This site (“the Paircraft Site”), which is operated by Gueno Gardner LLC (“Paircraft,” “we” or “us”), offers subscriptions (“Subscriptions”) to our sommelier-tested pairings (“Pairings”), along with written and video explanations of how our sommeliers came up with each Pairing, and connects you to wine merchant sites where you can review and buy the wines or categories of wines that we recommend for each Pairing. Our provision of this information and other information on or through the Paircraft Site will be referred to as “the Services.” The emails you will receive if you subscribe that describe the Pairings (“Paircraft Emails”) and the access to the Pairings on the Paircraft Site that your Subscription will give you will be referred to as “Paircraft Subscriber Content.”
- These Terms of Service (“Terms of Service”) contain the complete terms and conditions that apply to your use of the Paircraft Site. These Terms of Service are a legally binding agreement between you and Paircraft, and they supersede any information that may be provided to you in any other way or form about the Paircraft Site. These Terms of Service will remain in full force and effect as long as, you use the Paircraft Site and/or subscribe to Paircraft Subscriber Content unless and until we notify you that these Terms of Service have changed and you agree to the changed Terms of Service by using the Paircraft Site after such notification, and they will govern any interaction between you and Paircraft that concerns your Subscription or any Paircraft Subscriber Content. Certain Terms of Service will survive the termination of your use of the Paircraft Site and the cancellation of your Subscription.
- You must be thirteen ) years or older to use the Paircraft Site in the USA and the UK, and sixteen) years or older anywhere else. If you are younger than eighteen years of age and would like to use, subscribe or register for the Paircraft Site or Paircraft Subscriber Content, please ask your parent or legal guardian to review and agree to these Terms of Service before you use the Paircraft Site or ask them to set up a User Account or complete the Subscription purchase on your behalf.
- For information on how Paircraft collects, uses and shares any personally identifying information, please see our Privacy Notice.
- We may change, suspend or discontinue any aspect of the Paircraft Site at any time, including, but not limited to, the availability of any Paircraft Subscriber Content. We may also impose limits on the Services or restrict your access to parts or all of the Paircraft Site without notice or liability. Being exposed to advertising is a condition of accessing the Paircraft Site.
2. CONTENT ON THE PAIRCRAFT SITE
- The content on the Paircraft Site and all Paircraft Subscriber Content, including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations (collectively, “Paircraft Content”) is protected by copyright, and owned or controlled by Paircraft or the party credited as the provider of that Paircraft Content. Paircraft also owns copyright in the selection, coordination, compilation, and enhancement of the Paircraft Content. You will comply with all additional copyright notices, information, or restrictions contained in any Paircraft Content.
- You may download or copy any downloadable Paircraft Content for your personal use only, provided that you maintain all copyright and other notices contained therein. You may not copy or store any Paircraft Content for other than personal use.
3. YOUR USE OF THE PAIRCRAFT SITE
- You may not access or use, or attempt to access or use, the Paircraft Site or Paircraft Subscriber Content to take any action that could harm us or a third party. You may not use the Paircraft Site or any Paircraft Content in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You will not try (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with or make unauthorized use of the Paircraft Site or any Paircraft Subscriber Content.
- This means that among other things, you may not:
- Access any part of the Paircraft Site or any Paircraft Content that you do not have permission or authorization to access or for which Paircraft has revoked your access;
- Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape Paircraft Content from the Paircraft Site, or otherwise access or collect any Paircraft Content using automated means;
- Use any services, software or manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Paircraft Site or any Paircraft Content, including overriding any security feature or bypassing or circumventing any access controls or use limits;
- Cache or archive any Paircraft Content (except for a public search engine’s use of spiders for creating search indices);
- Do anything that imposes an unreasonable or disproportionately large load on our network or infrastructure; or
- Do anything that could disable, damage or change the functioning or appearance of the Paircraft Site, including the presentation of advertising.
C. Doing anything on the list above may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you and anyone who helped you.
4. REGISTRATION AND SECURITY
- When you create an account on the Paircraft Site (a “User Account”), you will create login credentials by selecting a password and providing your name and an e-mail address. Each User Account is for a single user only. You may not share your registration login credentials with anyone. If you do, we may cancel or suspend your access to the Paircraft Site. You are responsible for maintaining the confidentiality of your password, which Paircraft will never ask you to disclose. You may not (1) select or use the login credentials of another person with the intent to impersonate that person, (2) use login credentials in which another person has rights without such person’s authorization, or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these rules will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your User Account.
- Please notify us of any known or suspected unauthorized use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
- You are responsible for all usage or activity on your User Account, including use of User Account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your User Account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies
5. PAYMENTS, BILLING AND CANCELLATION. For information about payments, billing and cancellation of Subscriptions, please see our Terms of Sale.
6. COMMUNICATION. We may contact you in different ways. We may provide notifications to you via email to the email address in your User Account or through posting of such notices on the Paircraft Site, as determined by us in our sole discretion. You consent to receive notifications from us electronically to the e-mail address in your User Account. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. Make sure you can receive Paircraft Emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you allow all emails from the paircraft.com domain to be whitelisted to help ensure that you receive Paircraft Emails or any other email notifications from us.
7. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- You represent and warrant that (1) you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (2) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Paircraft Site.
- You will indemnify and hold harmless Paircraft and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, that they may incur in connection with any claim arising out of (1) any breach of these Terms of Service or the foregoing representations and warranties by you or anyone who uses your User Account, or (ii) your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE PAIRCRAFT SITE AND PAIRCRAFT CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE PAIRCRAFT SITE IS ALWAYS AVAILABLE AND THAT ANY PAIRCRAFT CONTENT IS ACCURATE, THERE MAY BE DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE OPERATION OF THE PAIRCRAFT SITE AND INACCURACIES IN PAIRCRAFT CONTENT. USE OF THE PAIRCRAFT SITE AND ANY PAIRCRAFT CONTENT IS AT YOUR SOLE RISK. In some jurisdictions, disclaimers of warranty are not permitted, so some of the foregoing limitations may not apply to you.
- IN NO EVENT WILL PAIRCRAFT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“PAIRCRAFT PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE PAIRCRAFT SITE OR ANY PAIRCRAFT CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PAIRCRAFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PAIRCRAFT PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES. The Paircraft Site and Paircraft Subscriber Content may contain links to third-party sites, resources, and advertisers (collectively, “Linked Content”). Paircraft does not control, endorse, sponsor, recommend or otherwise accept responsibility for any Linked Content. You should read the Terms of Service and privacy notice on any site with Linked Content and direct any concerns you may have about Linked Content to the person or entity that produces that Linked Content
9. PRIVACY. For our Privacy Notice, please go to Terms of Sale. Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Notice.
10. TERMINATION; SURVIVAL. You may close your User Account at any time through that User Account. Termination of Subscriptions will be governed by our Cancellation and Refund Policy. Paircraft may, in its sole discretion, terminate or suspend your access to the Paircraft Site or Paircraft Content for any reason, including, without limitation, your breach of these Terms of Service. The provisions of these Terms of Service will survive the termination of your User Account or Subscription.
11. WAIVER OF CLASS ACTIONS.YOU AND PAIRCRAFT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT. However, nothing in this Section limits your right or Paircraft’s right to bring a lawsuit against each other as an individual plaintiff.
12. GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that (i) the Paircraft Site shall be deemed solely based in New York; and (ii) the Paircraft Site shall be deemed a passive Paircraft Site that does not give rise to personal jurisdiction over Paircraft, either specific or general, in jurisdictions other than New York. If you have any dispute with Paircraft that is not barred by the Terms of Service, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions in, and you hereby submit to personal jurisdiction by and venue in, the state and federal courts of Manhattan, New York. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Paircraft Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
13. COPYRIGHT INFRINGEMENT
A. If you believe that your work has been copied on the Paircraft Site in a way that constitutes copyright infringement, please provide us the following information in writing (a “Notice”) to Paircraft’s copyright agent (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, your Notice must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Paircraft Site
- your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- 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;
- 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notices should be directed to:
Attention: Copyright Agent
By email: firstname.lastname@example.org]
- If you are a California resident, under California Civil Code Section 1789.3, you may contact us via phone at ___________in order to resolve a complaint regarding the Paircraft Site or the Services or to receive further information regarding use of the Paircraft Site or the Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
- ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Service invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, Paircraft’s intention, and the remaining provision will not be affected and remain in full force and effect.
- MOST RECENT CHANGES. These Terms of Service were first posted on November 1,