Legal

PRIVACY POLICY

Effective Date of Privacy Policy: September 21, 2009

Fruit Wine Media, LLC has adopted this Privacy Policy to notify you of its treatment of personal or personally identifiable information (“Customer Data”) that may be collected when you are on the cherrywine.com website and when you use Fruit Wine Media, LLC’s services. This Privacy Policy does not apply to the practices of companies that Fruit Wine Media, LLC does not own or control, or to individuals that are not under Fruit Wine Media, LLC’s actual control.

1. Collection and Use of Customer Data. Fruit Wine Media, LLC may collect Customer Data when you use the cherrywine.com website. Fruit Wine Media, LLC uses your Customer Data to help you complete a transaction, to communicate with you, to provide service and support, and to update you on services and benefits. The types of Customer Data you provide to Fruit Wine Media, LLC on its web pages may include, name, address, phone number, email address, user IDs and passwords, billing and transaction information, and other information.

You are permitted and able to opt-out of communications from Fruit Wine Media, LLC to you, including communications from our third-party Trusted Partners, which are defined below. You may opt-out of these communication by notifying Fruit Wine Media through email or mail.

Fruit Wine Media, LLC is permitted to use your email address to communicate with you and to update you on services and benefits. By submitting an email address to Fruit Wine Media, LLC or posting information on the cherrywine.com website, you hereby agree that Fruit Wine Media, LLC may contact you. Fruit Wine Media, LLC may use this Customer Data to customize the content that you might see on the cherrywine.com website or in an e-newsletter.

Fruit Wine Media, LLC may also collect data about usage and service operation that is not associated with specific personal identity. In particular, Fruit Wine Media, LLC may log your IP address when you use the cherrywine.com website or collect other information via cookies to evaluate how visitors use the cherrywine.com website.

You also hereby recognize that submission of your email address, in order to gain access to or derive benefit from a cherrywine.com, may subject you to communications from Trusted Partners that Fruit Wine Media, LLC does not own or control.

2. User Choice. Fruit Wine Media, LLC may, in its discretion, use your Customer Data for advertisements by third-parties who meet our Trusted Partner criteria. Fruit Wine Media, LLC may use your email address consistent with the above provisions. Fruit Wine Media, LLC is not responsible for communications from entities that Fruit Wine Media, LLC does not own or control. You also recognized that Fruit Wine Media is not responsible for the privacy policies of third-party websites or retailers that submit Listings to cherrywine.com, or the privacy policy of any third-party website accessed through the cherrywine.com service.

3. Sharing and Disclosure of Customer Data. Fruit Wine Media, LLC will not sell, rent, lease, or transfer your Customer Data to any individual, business, or government entity, except in the enumerated cases below, unless to: (i) respond to duly authorized information requests of governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of Fruit Wine Media, LLC; or (iv) to protect the personal safety of Fruit Wine Media, LLC employees and third parties on Fruit Wine Media, LLC property. Fruit Wine Media, LLC may sell, rent, lease, or transfer your Customer Data where Fruit Wine Media, LLC determines that the sale, rental, lease, or transfer of your Customer Data to Trusted Partners of Fruit Wine Media, LLC that participate in Fruit Wine Media, LLC’s Trusted Partner Program would provide you with information or services that may be of interest to you based on your interest in fruit wine, honey wine, ciders, winemaking supplies and equipment, and fruit liquors. The membership criteria of Fruit Wine Media, LLC’s Trusted Partners Program is defined at the sole discretion of Fruit Wine Media, LLC and will comply with all applicable state and federal laws concerning the transfer of personal information.

4. Protection of Customer Data. All user account pages, such as web pages that display personal information, such as credit card data, names, and addresses, are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share unnecessary Customer Data, including any username and password, with any other person.

Unfortunately, no security system can be guaranteed to be 100 percent secure. Fruit Wine Media, LLC uses commercially reasonable efforts to protect your Customer Data, but you provide all such information at your own risk.

5. User Account Access. Should Fruit Wine Media, LLC assign you a username and password for access to any of Fruit Wine Media, LLC’s services, you have the ability to edit your Customer Data at any time, and may, at your convenience and in writing, request that Fruit Wine Media, LLC delete your account. Under no condition will Fruit Wine Media, LLC share your user account information with another individual, business, or governmental entity, unless ordered to do so by a court of law pursuant to legal process.

6. Amendments. Fruit Wine Media, LLC reserves the right to amend this Privacy Policy at any time. When and if the terms of this Privacy Policy are amended, the “Effective Date of Privacy Policy” will change.

7. Contact. Should you have any questions regarding this Privacy Policy, you may contact Fruit Wine Media, LLC directly by emailing info@cherrywine.com or write to us at the following address:

Fruit Wine Media, LLC

P.O. Box 2237

Traverse City, MI 49685

Effective Date of Privacy Policy: September 29, 2009

COPYRIGHT POLICY

The cherrywine.com website and content contained therein (“Site Content”) is the property of Fruit Wine Media, LLC; its licensors or its users, with certain rights reserved. Fruit Wine Media, LLC, consistent with this Copyright Policy, grants to you a limited license to access and use the Site Content.

It is a policy of cherrywine.com and Fruit Wine Media, LLC to respond to specific notices of copyright infringement and expeditiously remove infringing materials from the cherrywine.com Site Content. Regardless of whether Fruit Wine Media, LLC and cherrywine.com is liable for infringement, Fruit Wine Media, LLC may take steps to remove or disable access to the alleged infringing materials and terminate infringers’ access to the cherrywine.com Site Content upon receipt of notice complying with the terms of 17 U.S.C. § 512(c)(3) (outlined below). If we remove or disable access to the alleged infringing materials, we will make a good faith attempt to notify the owner or uploader of the materials so that they may respond to the removal request with a counter-notification. If you believe anything hosted on our website infringes your copyright, please follow the Digital Millennium Copyright Act steps below:

Digital Millennium Copyright Act

Notice.If you are copyright owner or an agent thereof and believe that any Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent. Fruit Wine Media, LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Todd Spencer, P.O. Box 2237, Traverse City, MI 49685 email: info@cherrywine.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

If you believe that your materials have been removed in error, you may send Fruit Wine Media, LLC a counter-notification complying with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) (outlined below). Upon receipt of a counter-notification, Fruit Wine Media, LLC may return the alleged infringing materials to the cherrywine.com Site Content. A counter-notification must include:

Identification of the specific materials that have been removed from the Site Content;
Your name, address, telephone number, and email address;
A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Fruit Wine Media, LLC may be found and that you will accept service of process from the person who provided notification or their agent; and
Your physical or electronic signature.