Commercial Subscription Agreement
Last modified: April 23, 2013
This Commercial Subscription Agreement (the “Agreement”) is made by and between The Wine Advocate, Inc. (“The Wine Advocate,” “we” or “us”) and the Commercial User (as defined below).
By accepting the terms of this Agreement, the Commercial User agrees to the terms hereof relating to use of the erobertparker.com Web site (the "Site").
Your ability to access and use the Site is contingent upon your accepting the terms of this Agreement and your payment of the associated subscription fee.
This Agreement is solely for entities or natural persons engaged in (i) the retail or wholesale sale of wine, (ii) the properly licensed importation or distribution
of wine on either a retail or wholesale basis, (iii) licensed commercial wine production, or (iv) in operating a restaurant (a "Commercial User" or "you").
As a Commercial User, you are permitted to use the Content (as defined below) on your website, in blogs and on your flyers and promotional materials, solely in
connection with the sale or distribution of wine, and solely as permitted by this Agreement.
This Agreement is not for entities or natural persons who intend to use the Content on information websites, such as blogs, or in any other
information related publications or formats that provide others with general information about wines, or a particular wine, and that is unrelated
to that entity or natural person's actual sale or distribution of a particular wine.
If you are not a Commercial User, then no right or license to the Content is granted to you under this Agreement. If you are not a Commercial User, please click here to access the Subscription Agreement for personal use
The Site provides access to wine tasting notes and other information about wine, including information that may have been previously published by Robert M. Parker, Jr. in his newsletter,
Robert Parker's Wine Advocate®, and in his various books. The Site may also include other features and services of interest to wine drinkers and collectors and to those in the wine trade,
including access to The Wine Advocate Vintage Guide. The choice of such features and services is made at the sole discretion of The Wine Advocate, and may change from time to time without notice.
The wine tasting notes, reviews and scores available on the Site, as well as The Wine Advocate Vintage Guide, is collectively referred to herein as the "Content".
The database of information will be updated approximately at the same time Robert Parker's Wine Advocate® newsletter is mailed. Interim updates may also be posted between issues
of the newsletter at the sole discretion of eRobertParker.
You must select a Username and Password at the time you subscribe (choice of Username is subject to availability). We will use certain technologies which are intended to ensure that only one person is using each
Username at any given time. Sharing your Username and Password with others (except as described below) is a violation of this Agreement and is grounds for immediate termination of your subscription, without a
full or partial refund of your subscription fee.
Each subscription you obtain provides access to the Site pursuant to this Agreement through a single Username and Password on any one Device (as defined below).
You may not make concurrent or simultaneous use of a Username on more than one Device at any one time. In other words, if you want to access the Site on more than one Device at the same time,
you will need to obtain an additional subscription for each concurrent usage, which will require a separate Commercial Subscription Agreement.
HOW YOU MAY USE YOUR SUBSCRIPTION; USAGE LIMITATIONS
As a Commercial User, your use of the Site and this subscription is limited solely to (i) use by you and your employees accessing the Site via a personal computer or a mobile electronic device
that provides access to the Internet (a "Device") and (ii) use in connection with your business.
In addition, you can download and use a portion of the Content in direct connection (e.g., via "shelf talkers" ) with those wines you currently have in stock, on order, or otherwise have direct means to obtain, but only in connection with a legitimate offer to sell the wine associated with the Content, and provided further, that (i) the Content is not distorted, (ii) the correct wine and vintage are clearly and explicitly stated, (iii) eRobertParker is given credit for the material utilized, (iv) Robert Parker's Wine Advocate is shown as the copyright holder for the Content, and (v) when more than one review, tasting note or score is available for a particular wine, you use the most recent Content available for such wine.
Furthermore, when the Content being used by a Commercial User in connection with the sale or distribution of a particular wine corresponds to a vintage that is different than that of the wine being sold or distributed, the Commercial User must clearly and explicitly make consumers aware of such differences.
Please see the Usage Guidelines at the end of this Agreement, which describes the only permitted formatting for usage of the Content (the "Usage Guidelines"). Access to the Site and use of the Content is allowed solely pursuant to the terms of this Agreement and the Usage Guidelines, which are incorporated herein by reference, and each of which may be updated from time to time by eRobertParker upon not less than thirty days' prior written notice to you.
Commercial Users may use the Content, including scores and tasting notes, on a single website that is directly controlled and owned by the Commercial User, provided, where practical, that such Commercial User provides a
global link to www.erobertparker.com on such website. As used in this section, a "global link" is a link that is accessible from any webpage that shares the same domain name as the website in which a Commercial User
in this Agreement. This information cannot be aggregated or otherwise compiled with any other information. The Content, including tasting notes and scores, may be presented or provided to others in a searchable or
database format created by the Commercial User ("User-Created Works"), provided, however, that the use of such Content otherwise complies with the terms of this Agreement, including the Usage Guidelines.
Without our written consent, a Commercial User may not use the Content in blogs, websites or other information related publications or formats that provide others with general information about wines, or a particular wine, and that is unrelated to that Commercial User's actual sale or distribution of a particular wine.
No use of the Site or the Content is permitted except as specifically provided herein.
Except as otherwise permitted, your subscription is personal to you and not transferable or sub-licensable to, or usable by, any other person, business or entity.
All of the information and content provided by The Wine Advocate is the copyright protected property of The Wine Advocate, Robert M. Parker, Jr. and/or Robert Parker's Wine Advocate.
eRobertParker reserves all rights in and to the Content and any other materials on the Site. Without limiting the foregoing,
you specifically agree that you shall not use the Content or any other materials on the Site in connection with any other materials, works, content or reviews, and you shall not modify
or make any derivative works therefrom and shall not copy, publish, republish, distribute, transmit or disseminate the Content or any portion thereof in any manner unless specifically permitted herein.
In addition, access to the Site using computer programs, software or routines, or by another means, including but not limited to, Web robots, Web wanderers, crawlers or spiders, that are designed to systematically download
the Content in any manner, is specifically and strictly prohibited.
Any violation of this Agreement or use of the Content beyond what is specifically permitted in this Agreement is grounds for immediate termination of your subscription without notice and without a right of refund of your subscription fee,
and may constitute an infringement of our intellectual property rights, for which we reserve the right to seek damages, legal fees and costs.
TERM OF YOUR SUBSCRIPTION
Unless otherwise previously terminated, subscriptions are for one year. Using the information you provided when you registered, we will attempt to notify you several weeks before your subscription will expire reminding you of
Your subscription will then be automatically renewed unless you turn off automatic renewal by visiting the online Manage My Subscription page and changing your account information.
TERMINATION OF YOUR SUBSCRIPTION
If you breach any of the terms of this Agreement, we reserve the right to terminate your subscription and access to the Site without notice and without a right of refund of your subscription fee.
CONTROL OF YOUR PERSONAL INFORMATION
We may occasionally allow other companies to provide information to our subscribers about their wine-related products or services. We do not provide any information about you to these companies other than your email address, and will do so only if you agree to it at the time you register.
SECURITY OF YOUR PERSONAL INFORMATION
eRobertParker shall endeavor to protect the security of your personal information. We have implemented procedures which are intended to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal information is not shared by us without your permission. Your data is stored in password-controlled secure servers, and your information will be stored and processed in the United States.
You also have a significant role in protecting your information. No one can see or edit your subscription information without knowing your Username and Password, so do not share these with others.
When you sign onto our Site, you are assigned a personal identification number which is sent to your Device in the form of a small text file called a "cookie." This cookie allows us to monitor your use of our Site. This is done only for the purpose of protecting us and protecting you should your Username and Password become available to someone other than you.
If you choose to not have your browser accept cookies from the eRobertParker Site, you will not be able to access the Site.
LIMITATION OF LIABILITY
eRobertParker will use commercially reasonable efforts to ensure the accuracy, responsiveness and availability of the Site to its subscribers. Under no circumstances, however, will we be liable for any direct or indirect damages with respect to the accuracy of the information, the availability of the Site, the responsiveness of the Site or your use of information provided to you by the Site.
Without limiting the foregoing, the "Find it Online" feature of this Site is provided through an arrangement with WineAlert. WineAlert is the exclusive, independent provider of retailer pricing data to eRobertParker.
eRobertParker presents these listings solely as a service to its subscribers, and receives no compensation whatsoever from listed retailers or from WineAlert.
Although it has been professionally edited by WineAlert, neither eRobertParker nor WineAlert can guarantee the accuracy of the wine retailer information.
You should use reasonable caution in making any purchase arrangement with the wine retailers listed, including whatever precautions necessary to assure that your purchase is
legal in the jurisdictions in which you and the wine retailer are located.
The purchase, sale and distribution of wine is regulated by different laws in various jurisdictions. If you are purchasing and/or selling wine, you should make certain you are familiar with the current laws governing the sale and shipment of wines in your jurisdictions and in the jurisdictions to which you may be shipping wine.
This is the complete Agreement with respect to your use of the Site as a Commercial User. Nothing published or stated elsewhere (other than in the Usage Guidelines) should be viewed as a modification of this Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement shall be construed, interpreted and determined in accordance with the laws of the State of Maryland. Any controversies arising out of this Agreement shall be brought exclusively in the U.S. District Court for the District of Maryland or, if the U.S. District Court for the District of Maryland does not have subject matter jurisdiction thereover, then in the Circuit Court for Baltimore County, Maryland.
Your breach of this Agreement may cause irreparable damage that cannot be readily remedied by monetary damages in an action at law and may also constitute an infringement of trademark rights and/or copyright rights. As such, you agree to the entry of an immediate injunction, in addition to any other remedies available at law or in equity, to stop or prevent any irreparable harm, loss or dilution as result of a breach of this Agreement.
CHANGES TO THIS AGREEMENT
eRobertParker may occasionally update this Agreement. When we do, we will also revise the "last updated" date at the top of the copy of the Agreement posted on the Site. For changes to this Agreement we consider material, eRobertParker will notify you by placing a prominent notice on the Site. Such changes will be effective when posted by us. Your continued use of the Site after the date upon which this Agreement is changed, and the changes are posted, will constitute your continued acceptance of this Agreement. Your only alternative, should you no longer wish to be bound by this Agreement, is termination of your use of the Site. No full or partial refunds will be offered in such an event.
The Content may only be used by you in the following forms:
A. Full Excerpt
Vintage Name of Wine
[LOGO]Robert Parker's Wine Advocate – [RPWA score], the reviewer name, the complete tasting note in quotes and the date of the review. There are wine reviews that are available only on the Site and that were never in published in the newsletter. Use of these reviews must follow the same format.
2006 Penfolds Grange
[LOGO] Robert Parker's Wine Advocate - 98pts - Made from fruit coming predominantly from the Barossa Valley this year (97%) and containing 2% Cabernet Sauvignon, the 2006 Grange has been added to my list of favorite recent vintages. Deep garnet-purple colored, it’s still a little youthfully mute, offering notes of warm cherries, black currants, anise, coffee and toast with underlying hints of soy, yeast extract, black olives and Indian spices. Tight-knit and solidly structured on the medium to full bodied palate, the concentrated fruit is densely coiled around the firm grainy tannins and very crisp acidity at this stage, but promises something very special in the years to come. It finishes very long, complex and layered with the cedar poking though the fruit purity. Patience is required for this vintage; it should begin opening out around 2016 and drink to 2030+. – Feb 2012
B. Shelf Talkers
Vintage Name of Wine
[LOGO] RP-Score- Initials of the APPROPRIATE reviewer, brief but not distorted portion of the Tasting Note in quotes and indicating that more information is available, the date of the review
2006 Penfolds Grange
[LOGO] RP-98 "... Dark cherries, smoke, licorice and earthiness are some of the nuances that emerge from 2006 Campoleone, a blend of Sangiovese and Merlot that spent 12 months in French oak...2/12
C. Score Only Post
Vintage Name of Wine
[LOGO] RPWA-Score- Initials of the APPROPRIATE reviewer