WINETASTEBUDS, INC. ("WineTasteBuds") TERMS AND CONDITIONS OF USE ("Terms") PLEASE READ THESE TERMS CAREFULLY.

ACCEPTANCE
1. By using and/or visiting this website, you signify your agreement to these Terms and agree to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this website.
2. You should periodically review the most up-to-date version of the Terms (http://www.winetastebuds.com/terms.html). WineTasteBuds may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
3. This website is intended for use by persons who are at least 21 years old. You may not use or access this website directly or indirectly if you are under the age of 21. Furthermore, your use of this Website may not violate (or be in violation of) any federal, state, local, foreign or international law, regulation or other governmental requirement. Notwithstanding the fact that WineTasteBuds is a Website targeted to adults over the age of 21, WineTasteBuds understands that minors (individuals under the age of 21) and children, including those under the age of 13, may visit the Website. WineTasteBuds does not condone the use of alcoholic beverages by minors and children. Consequently, WineTasteBuds will not knowingly agree and register minors and children, notwithstanding the "Children's Online Privacy Protection Act of 1998," even when a child under age 13 attempts to register with WineTasteBuds, with a parent or guardian parental permission.
WEBSITE & ACCOUNTS
1. This web site ("Website") is owned and operated by WineTasteBuds and is for your personal and non-commercial use. The Website and its contents and any other website owned, operated, licensed or controlled by WineTasteBuds (collectively, the "Contents") may only be accessed for personal use. No Contents may be used for any commercial or resale purposes. Contents may not be downloaded, copied, reproduced, republished, uploaded, posted, broadcasted, modified, used to create derivative works from, transmitted, sold, licensed, distributed, or otherwise exploited for any other purposes whatsoever without WineTasteBuds' prior written permission or the prior written consent of the respective owners.
2. In order to access some features of the Website, you will have to create a WineTasteBuds account and become a registered user ("User"). You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WineTasteBuds immediately of any breach of security or unauthorized use of your account. WineTasteBuds will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of WineTasteBuds or others due to such unauthorized use.
3. As a User, you may download the Contents on for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of Contents or use of Contents for any other purpose is a violation of WineTasteBuds' copyright and other proprietary rights. The use of any Contents on any other website or networked computer environment is prohibited. All trademarks, service marks, logos, and trade names (collectively, the "Marks") are proprietary to WineTasteBuds or other respective owners which have granted WineTasteBuds the right and license to use such Marks. Any derivative use of this Website or the Contents, and any use of data mining, web "robots," "spiders," "crawlers," or "scrapers," or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of the Website or any Contents contained therein.
4. The Website may contain links to third party websites that are not owned, controlled, or operated by WineTasteBuds. You acknowledge that the links and websites are not under the control of WineTasteBuds and that WineTasteBuds is not responsibility for the content, privacy policies, or practices of any third party websites. In addition, WineTasteBuds will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve WineTasteBuds from any and all liability arising from your use of any third party website.
5. While WineTasteBuds uses reasonable efforts to include accurate and up-to-date information on the Website, WineTasteBuds makes no warranties or representations as to its accuracy. WineTasteBuds assumes no liability or responsibility for any errors or representations in the content of this Website. Content on the Website is provided to you AS IS for your information and personal use only.
USER SUBMISSIONS & OWNERSHIP
1. As a User, you may submit information and content ("Submissions") in the form of personal profiles, survey answers, ratings, reviews, messages, questions, images, pictures, feedback and/or other content on the Website. You agree that your Submissions will not be copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WineTasteBuds any and all of the license rights granted herein. You shall be solely responsible for your Submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize WineTasteBuds to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your Submissions to enable inclusion and use of the content and/or information in the manner contemplated by the Website and these and future Terms.
2. You retain all of your ownership rights in your Submissions. However, by submitting content and information to WineTasteBuds, you hereby grant WineTasteBuds and its successors a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all your Submissions and intellectual property rights as if it were the full owner thereof. You grant WineTasteBuds, its affiliates, and sublicensees the right to use your name and/or user name in connection with your Submissions. You understand and agree that WineTasteBuds may retain, display, distribute, or otherwise use your Submissions that have been removed or deleted. No compensation will be paid with respect to the use of your Submissions.
3. WineTasteBuds does not control or endorse any Submissions, and WineTasteBuds specifically disclaims any and all liability in connection with Submissions. WineTasteBuds does not permit copyright infringing activities and infringement of intellectual property rights on its Website and will remove all Submissions if properly notified that Submissions infringe on another's intellectual property rights. WineTasteBuds reserves the right to remove Submissions without prior notice.
4. Users of the Website may post comments, reviews, and other content and submit feedback, suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. WineTasteBuds has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Website, including content that has been posted by users. WineTasteBuds has zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from WineTasteBuds. WineTasteBuds will report any unlawful activity it catches to the proper authorities.
5. The content on the Website, except all Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and Marks are owned by or licensed to WineTasteBuds, subject to copyright and other intellectual property rights under the law.
PRIVACY
1. WineTasteBuds may collect personal or other information when you create an account on this and other WineTasteBuds websites. When you create an account, we may ask for information such as your first and last name, street address, phone number, E-mail address, user name, password, birth date, gender, zip code, occupation, income, education, number of annual purchases, and interests in wine or other hobbies. When you create a WineTasteBuds account, you are not anonymous to us. WineTasteBuds may combine information about you that we have with information we obtain from other companies. WineTasteBuds may collect information about your transactions with our retail partners, including information about your purchases and use of products and services that we or our retail partners may offer. WineTasteBuds may automatically receive and record information from your browser, including your IP address, cookie information, and browsing history including web pages you access or visit.
  
  WineTasteBuds may use information for the following general purposes: to customize and personalize the features, offers, promotions, recommendation, advertising and other content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous consumer sales reporting to internal and external clients. WineTasteBuds reserves the right to send you certain communications relating to WineTasteBuds classes, events, promotions, offers, services or products through our and/or our retail partners' means including but not limited to websites, email, direct mail, or phone contact.
  
  WineTasteBuds limits access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. At various times, WineTasteBuds may retain third parties to perform services for WineTasteBuds who may come into contact with personal information about you. These third parties are under a confidentiality agreement with WineTasteBuds, and may not disclose such personal information under the terms of such agreements.
2. WineTasteBuds does not rent, sell, or share personal identification information about you with other people or nonaffiliated companies, except to provide products or services you've requested, when we have your permission, or under the following circumstances: (i) we provide the information to third parties who work on behalf of or with WineTasteBuds under confidentiality agreements. These companies may use your personal information to help WineTasteBuds communicate with you about offers from WineTasteBuds and our retail partners. However, these companies do not have any independent right to share this information; (ii) we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (iii) we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of WineTasteBuds Terms, or as otherwise required by law; or (iv) we transfer information about you if WineTasteBuds is acquired by or merged with another company. In this event, WineTasteBuds will notify you before information about you is transferred and becomes subject to different privacy measures.
  
  WineTasteBuds may license, sell, or share aggregate consumer information with or to our retail partners. Such information does not contain personally identifiable information ("PII") but does contain aggregate sales and consumer information. WineTasteBuds may display targeted advertisements, offers, and other content based on personal information. WineTasteBuds does not provide any PII to advertisers or partners when you interact with or view a targeted ad or offer. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser or partner will make the assumption that you meet the targeting criteria used to display the ad or offer. WineTasteBuds advertisers may include partners selected solely at the discretion of WineTasteBuds.
3. WineTasteBuds may set and access cookies on your computer. WineTasteBuds does not store PII in any of the cookies it uses to identify you. WineTasteBuds may let other companies set and access their cookies on your computer through our Website. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other partners do not have access to WineTasteBuds cookies.
4. WineTasteBuds may allow you to edit your WineTasteBuds account information, including your name, address, E-mail, phone number, etc. WineTasteBuds reserves the right to temporarily suspend these editing capabilities based on Website and or other business priorities. WineTasteBuds solely determines the schedule for permitting and suspending these capabilities. You can delete your WineTasteBuds account by contacting WineTasteBuds and requesting such. All personal information about you received by WineTasteBuds from you, WineTasteBuds partners or any other source will remain in our archived records after your account has been deleted.
5. WineTasteBuds has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. Your WineTasteBuds passwords are encrypted. WineTasteBuds uses industry-standard technologies to protect data transmissions.
FEES, PAYMENTS, AND REFUNDS
1. WineTasteBuds may offer certain services, products, memberships, or other goods for certain fees. WineTasteBuds will prominently display the fees being charged in these cases. WineTasteBuds reserves the right to change these fees without prior notice. WineTasteBuds solely determines the amount, timing, and schedule for any and all fees.
2. WineTasteBuds may use third-party services to execute payments and other financial transactions from WineTasteBuds users when they are purchasing services, products, memberships, or other goods from WineTasteBuds. You most observe the policies of these third parties when executing payment transactions through them.
3. WineTasteBuds solely determines the amount, if any, to be refunded for any services, products, memberships, or other goods provided by WineTasteBuds. WineTasteBuds solely determines the schedule and timing for refunds. Furthermore, you are subject to any refund policies of any third parties WineTasteBuds uses to execute payment transactions. WineTasteBuds will prominently display the refunds offered in these cases.
WARRANTIES
1. YOU AGREE THAT THE CONTENTS AND SUBMISSIONS ON THIS WEBSITE AS WELL AS WINETASTEBUDS CLASSES, EVENTS, PROMOTIONS, CONTESTS, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WINETASTEBUDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AS WELL AS WINETASTEBUDS CLASSES, EVENTS, PROMOTIONS, CONTESTS, MEMBERSHIPS, SERVICES, PRODUCTS, AND/OR OTHER GOODS.
INDEMNITY
1. You agree to defend at your own expense, indemnify and hold harmless WineTasteBuds, its officers, directors, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your participation in WineTasteBuds classes, events, promotions, or other occasions and your use of WineTasteBuds products and services; (iii) your violation of any term of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website. In addition to paying for the defense of such action, you will pay those costs and damages finally awarded against the Indemnified Party pursuant to any such claim, including reasonable attorney’s fees and costs incurred by the Indemnified Party.
2. You agree to indemnify, defend and hold WineTasteBuds, its affiliates, subsidiaries, employees, directors, officers, shareholders, and customers harmless from any and all claims and threatened claims by any third party, including employees of either party, arising out of, under or in connection with:
  1. the death or bodily injury of any third party, including any agent, employee, customer, business invitee or business visitor of WineTasteBuds or the damage loss or destruction of any tangible personal or real property; or
  2. an act or omission by you arising out of or relating to: (a) federal, state or other laws or regulations for the protection of persons who are members of a protected class or category or persons; or (b) sexual discrimination or harassment.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL WINETASTEBUDS BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT YOU HAVE PAID WINETASTEBUDS FOR CLASSES, EVENTS, PROMOTIONS, CONTESTS, MEMBERSHIPS, SERVICES, PRODUCTS, AND/OR OTHER GOODS OR USE OF THE WEBSITE WHICH GAVE RISE TO THE CAUSE OF ACTION AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
2. IN NO EVENT SHALL WINETASTEBUDS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
3. WINETASTEBUDS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, USE OF, AND PARTICIPATION IN OUR WEBSITE, CLASSES, EVENTS, PROMOTIONS, CONTESTS, SERVICES, AND/OR PRODUCTS; (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY WINETASTEBUDS. WINETASTEBUDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WINETASTEBUDS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WINETASTEBUDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NON-COMPETE

You agree not to solicit or to offer employment to any employees or former employees of WineTasteBuds or an affiliate of WineTasteBuds without the prior written consent of WineTasteBuds. You agree not to engage in any consulting, employment, or to provide any services based on access to the Website and its Contents and you agree not to provide information from the Website or its Contents to a competitor of WineTasteBuds. Unless otherwise agreed by WineTasteBuds in writing, you shall not perform any competitive work that would utilize WineTasteBuds Contents, technology that infringes WineTasteBuds intellectual property, or would involve an inevitable disclosure of WineTasteBuds trade secrets.

GENERAL
1. Without limiting the generality of the foregoing, you may not use or access this website to directly or indirectly spread any harmful code, which shall mean any computer viruses, worms, trojan horses, time bombs, traps, bots or other harmful software or programming that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, site access, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's network, system, computer, services, servers, resources, software, data, or information without such other person's knowledge and permission; or (d) would send mass (spam) or other duplicative unsolicited email messages or advertisements (commercial or other), including without limitation, offers of products or services, investment opportunities, charity requests, petition for signatures, chain-mail or other solicitations.
2. Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.
3. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
4. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS.