This site (the "Site") is operated by Wineminer, LLC on behalf of WinesandRecipes.com™ (together "WRC"). It is intended for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. WinesandRecipes.com notifies you that the recommendations expressed within our site are the personal opinions of the individual contributors to our site. Please realize that your opinions may vary. We welcome comments regarding your experiences. However, by accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 21 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.

WRC reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create a WRC account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to WRC, you are hereby required to update that information as soon as possible. Should WRC suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that WRC privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to .

ACCOUNT STRUCTURE

WRC currently has plans for three-tier account structure.

• Free Accounts: WRC accounts are available for free to all valid registrants. Free accounts offer a limited number of features in relation to the other accounts offered.
• Early Adopter: This account was created and made available to users registered before January 1 2006. Early Adopters are offered extended features over free account users, but do not receive any new pay features.
• Paid Accounts: Paid accounts will be available for term-based fee and offer users all extended and basic features that WRC offers. These accounts are issued in accordance with the terms set forth by http://www.winesandrecipes.com/paidaccounts/. Paid accounts are nontransferable and non-refundable. Once a username is chosen and paid for, that user generally retains it until the journal is deleted, whether by WRC or the user.

You hereby agree to this structure, and to WRC right to change, modify, or discontinue any type of account and/or its respective services.

USE OF MATERIALS CONTAINED ON THIS SITE

The Site contains material that is derived in whole or in part from material supplied by WRC and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled. Modification of the Materials or use of the Materials for any other purpose is a violation of WRC's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials for commercial purposes, on any other web site or networked computer environment without WRC's express written consent is prohibited.

PROHIBITED USE

Except as may be expressly permitted by WRC, you may not: (i) interfere with the WRC Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the WRC Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the WRC Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain WRC's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the WRC Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.

CREATIVE SUBMISSIONS/COMMUNICATIONS

WRC does not accept or consider creative ideas, suggestions or materials other than those WRC has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by WRC's staff might seem to others to be similar to their own creative ideas, suggestions or materials.

If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of WRC. None of the Information shall be subject to any obligation of confidence on the part of WRC and WRC shall not be liable for any use or disclosure of any Information. WRC shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Privacy Policy.

By entering into these TOS, you agree to WRC's collection, use and disclosure of your personal information in accordance with the Privacy Policy

BULLETIN BOARDS, CHAT ROOMS, POSTINGS

The Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards").

WRC does not control the material delivered to Bulletin Boards, and WRC has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of WRC. In no event shall WRC assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. WRC reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, WRC reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in WRC's sole discretion are objectionable or in violation of these Terms of Service.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting WRC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

• Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication
• Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
  The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

RULES OF CONDUCT

It is a condition of your use of the Bulletin Boards and this Site that you do not:

• Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
• Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
• Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
• Post any message that solicits gambling or engage in any gambling activity;
• Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
• Post any defamatory, libelous, hateful, or harassing messages, information or material;
• Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
• Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes;
• Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services though password mining or other means;
• Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services;
  

ADVERTISEMENTS AND PROMOTIONS

WRC reserves the right to run advertisements and promotions on the WRC service in the future. By using WRC you agree that WRC has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. You agree that WRC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

MONITORING

WRC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If WRC determines, in its sole and absolute discretion, that you or another WRC user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, WRC may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

THIRD-PARTY SERVICES

WRC may use third parties to provide certain services accessible through the Web Site. WRC does not control those third parties or their services, and you agree that WRC will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with WRC's TOS, agreements or policies, you must comply with WRC's TOS, agreements or policies, as applicable.

TERMINATION OF THE SERVICES

WRC may terminate the Site or any services included on or through the Site at any time with or without cause or notice. WRC shall not be liable any party for such termination.

If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel any your subscription to WRC newsletters by following the directions provided in each newsletter to which you have subscribed.

SHOPPING

WRC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WRC, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.

All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, WRC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. WRC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with WRC in asserting any available defenses.


LIMITATION OF LIABILITY/DISCLAIMER

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site. You specifically acknowledge and agree that WRC is not liable for any defamatory, offensive or illegal conduct of any user. WRC also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site. WRC does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

DISCLAIMER OF WARRANTIES.

WRC PROVIDES THE WEB SITE AND WRC SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WRC DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, WRC SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WRC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXCLUSION OF DAMAGES.

WRC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WRCSERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


MISCELLANEOUS

WRC makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.