Terms Of Service

Please read this Terms of Service in conjunction with the Privacy Policy & Cookie Policy.

Cellar Watch is Vinous Media LLC's (“VM“) collection valuation offering and provides fine wine investors and enthusiasts with professional-level access to Liv-ex Limited (“Liv-ex“) price data and the Cellar Watch valuation tool (“the Services“).

The pricing data on this website are drawn from Liv-ex. The contents are determined by Liv-ex and may change from time-to-time without notice. The database of information will be updated as often as possible, at the sole discretion of Liv-ex, to ensure that subscribers have access to the most up to date market information. VM is not responsible for the accuracy of this pricing data and usage of such information is subject to representations made by Liv-ex.

Restrictions of Use

Cellar Watch is a consumer offering made available for private collectors on the basis of fair usage. It is not intended for commercial use. Anyone wishing to use pricing data in the course of their fine wine business should visit Liv-ex for the appropriate service.

Terms of Subscription

You may subscribe to the Services by payment of the subscription fee set out on our website (the “Subscription Fee“). If you choose to subscribe to the Services your subscription provides a licence for unlimited access to the Services via the Internet from one or more personal computers. You must select a Username and Password when you subscribe, subject to the availability of the Username and Password of your choosing. You are responsible for ensuring the security and proper use of your Username and Password and you shall not disclose them to an unauthorised person. Liv-ex may use certain means to ensure that only one person is using each Username and Password at any given time. Sharing your access codes with others contravenes this Subscription Agreement. Any breaches of the terms of subscription will lead to termination of your subscription, with no refund of your subscription fee.

Payment of your Subscription Fee

You shall pay to VM or its agent the Subscription Fee in advance on the date from which you wish to use the Services, as per the terms of the Subscription. Subject to your statutory rights, the subscription fee is otherwise non-refundable. When your subscription expires you will be given the opportunity to renew your subscription by paying a new subscription fee. If you fail to pay the Subscription Fee on such date your access to the Services will be terminated. The Subscription Fee is inclusive of taxes where applicable.

Intellectual Property

You acknowledge that all data and content together with any rights therein, without limitation copyright and database right, are and shall remain the property of VM (or its licensors, as the case may be), and you further acknowledge that such information is provided for your personal use only. Any other use of the information on this site, including any commercial use thereof, requires a data licence from VM (via vinous.com) in the case of reviews and ratings or Liv-ex in the case of pricing data. For the avoidance of doubt, this means that you may not copy, reproduce, modify, distribute, transmit, publish, licence, use, resell or provide it to others in any form or format except as provided for in this subscription agreement. You may not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,“ “data mine“ or in any way gather content or materials from the website or reproduce or circumvent the navigational structure or presentation of the site.

Warranty

Whilst all reasonable care has been taken to ensure that the information available on this website is correct, VM is providing this website on an as is basis and it makes no representations or warranties of any kind regarding the information contained on this website. You should be aware that the information may be incomplete, out of date, inaccurate, incorrect or unsuitable for any purpose.

This website or any part of it may not be compatible with your browser or system configuration and we make no warranty that it is. We make no warranty that your access to our website will be interrupted, timely or error free and we will not be responsible if we are unable to provide the website for whatever reason.

Limitation of Liability

VM will use reasonable efforts to assure the accuracy and availability of the Services to its subscribers. Under no circumstances will VM be liable for any direct or indirect damages with respect to the accuracy of the information provided in the Services, the availability of the Services or your use of information provided to you by the Services This is a comprehensive exclusion of liability and includes all costs, losses, damages and expenses of any kind including loss of profit, economic loss, loss of goodwill and all direct, indirect or consequential loss of any kind. Exclusions and restrictions of liability contained in this Subscription Agreement are considered reasonable by you.

Changes in This Agreement

The Company may update the terms of this Subscription Agreement from time to time. Such changes will be effective when posted on the website. Your continued use of the Services after that date will constitute your continued acceptance of the changed Subscription Agreement. This Subscription Agreement shall not affect your statutory rights.

General

Each of the provisions contained in the Subscription Agreement shall be construed as being independent of each other and if any provision contained in the Subscription Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the limitation on liability, such determination shall not affect the validity of the remainder of the Subscription Agreement which shall continue in effect.

This website is operated and controlled from the United States and this Subscription Agreement and your use of this website are governed by and construed in accordance with the laws of the state of New York.

Additionally, users of this website must comply with the Terms of Service of Vinous.com where relevant, particularly as it relates to use of content.