PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES PROVIDED ON ONEWINEONEDAY.COM. BY USING ONEWINEONEDAY.COM, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AND ONEWINEONEDAY ACCEPTANCE OF YOUR USE OF THE ONEWINEONEDAY.COM WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO THESE TERMS AND CONDITIONS.

These Terms and Conditions, as such may be modified from time to time in accordance with the provisions below (the "Terms"), constitute a legal agreement between OneWineOneDay ("OneWineOneDay" or "we") and users ("Users" or "you") of OneWineOneDay.com and its subdomains (collectively, the "Site"). In consideration of using and accessing the Site and the other promises and obligations contained herein, you agree to these Terms and understand and acknowledge that you are bound by the following provisions. If you do not agree to these Terms, do not access or use the Site. You may receive a copy of these Terms by e-mailing us at onewineoneday@OneWineOneDay.com.

I. Generally.

It is our desire for the Site to open communication among producers, distributors and consumers of wine, alcoholic beverages and gourmet foods and thereby create a greater understanding of the wine, alcoholic beverage and gourmet food industry (the "Industry"). We believe that any information shared on the Site by Users should be owned by the Users who provide it and such Users shall have the freedom to determine how such information should be shared or may be accessed provided that it is compliance with these Terms and all applicable laws and regulations. The Site shall be used as a mechanism for Users and other third parties to distribute Industry related information. The rights and responsibilities of OneWineOneDay and the Users are described in these Terms and shall promote the ideas outlined in this Section I.

II Agreement.

You acknowledge and agree that your access to and use of the Site is subject these Terms (as such Terms may be modified from time to time as provided for herein). OneWineOneDay shall have the right at any time and without prior notice, at its sole discretion, to amend and revise these Terms or to impose new terms and conditions with respect to access to or use of the Site (the "Modified Terms"). The Modified Terms shall be effective upon its posting on the Site. Each User is responsible for visiting the Site periodically to review the Terms. Any access or use of the Site by you after the posting the Modified Terms (and, if applicable, any notice relating to the Modified Terms) shall constitute your agreement to the Modified Terms.

III. Use of Site.

(a) License to Use. Subject to your compliance with these Terms, OneWineOneDay hereby grants you a limited, nonexclusive, nontransferable, personal and revocable license to access and use the Site for your personal and noncommercial use. You acknowledge that the Site utilizes usernames and passwords to enable access to the Site and that you should only have the right to use a single username and password that you designate and identify to OneWineOneDay. As a condition for using the Site and receiving a password, the User shall provide OneWineOneDay with accurate, complete and updated registration information, including, User's e-mail address. OneWineOneDay reserves the right to refuse registration of, or cancel use of the site by, any User, as determined in OneWineOneDay's sole discretion. Each User is solely responsible for any use of or action taken under a User's password and accepts full responsibility for all activity conducted through User's account and hereby releases OneWineOneDay from any and all liability concerning such activity. Unauthorized access to or use of the Site is a breach of these Terms and a violation of law. Only individuals thirteen (13) years of age and older are authorized to access the Site and by accessing and using the Site you warrant and represent that you are at least thirteen (13) years of age. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site.

(b) Non-Commercial Use by Users. The Site is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved by OneWineOneDay in writing. Commercial advertisements affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in the termination of User privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site. Any wineries who would like to be involved and engage on our site may sign up but not promote until they sign the Winery Terms of Service and paying an annual subscription to OneWineOneDay.

(c) Restrictions and Limitations. You are solely responsible for accessing the Site and using the Site and you are solely responsible for you interactions with other Users, third party websites and other persons with whom your interactions with other Users, third party websites and other persons with whom you interact through the Site with. Any fraudulent, abusive or otherwise illegal activity may be grounds for immediate termination of your right to use the Site. Without limiting the foregoing, you may not, in whole or in part: (a) copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content or other material contained on this Site; (b) reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Site or any part thereof, except as otherwise permitted by law; (c) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Site or any part thereof to third parties; (d) use the Site to act as a service bureau or application service provider, or to permit remote access to the Site to any third party; (e) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of any User Content; (g) restrict or inhibit any other user from using and enjoying any public area within the Site; (h) collect or store personal information about other users of the Site, or post personal information about any person on the site without their express permission; (i) frame the Site or putting pop-up windows over its pages; (j) use any automated means to access or use the Site or to collect any Content contained therein; (k) publish any product or service review more than once, or publishing any product or service review for a product or service for which you have a direct or indirect financial or other interest; (l) modify or create variant versions of OneWineOneDay's name, trademarks or logos; (m) interfere with or disrupt the Site or its infrastructure; (n) impersonate any person or entity, including, but not limited to a OneWineOneDay representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (o) take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure; (p) engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or (q) engage in any acts or omissions that could constitute a violation of these Terms (including posting any User Content in violation of Section IV below) or any applicable laws, statutes, regulations, rules or ordinances. Without limiting any term or provision herein, your failure to comply with any of the foregoing conditions shall constitute a violation of these Terms and result in the immediate revocation of your license to use the Site without notice.

(d) Third Party Websites. Users may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control on OneWineOneDay. OneWineOneDay makes no representation or warranty about any third party site that is linked to the Site and OneWineOneDay does not endorse any product or service offered on any such third party site. OneWineOneDay hereby disclaims: (a) all responsibility and liability for any content displayed on third party websites; (b) all responsibility and liability for any services or goods sold on third party websites or any actions by such third party on its website relating to any goods or services sold thereon; and (c) any representation as to the security for any information you might be requested to provide any third party, and you hereby irrevocably waive any claim against OneWineOneDay with respect to such third party websites and third party content.

IV. Site Content.

(a) Submission of User Content.

(i) By contributing or submitting any text, files, images, materials, information, ideas, suggestions, ratings, reviews, recommendations or other content to OneWineOneDay (whether through its posting on the Site or otherwise), (collectively, the "User Content"), you warrant and represent that you are the owner of all intellectual property and proprietary rights in such User Content (or you otherwise have the right to grant the license set forth in this Section IV to the User Consent), and you grant OneWineOneDay (and our licensees, distributors, affiliates, partners, agents, representatives and other authorized users) a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, re-use, copy, modify, delete in its entirety, adapt, publish, host, store, cache, archive, index, categorize, comment on, broadcast, stream, translate, publicly perform, publicly display, exhibit, create derivative works from and/or sell and/or distribute, re-distribute, publish, transmit and disseminate and/or incorporate or otherwise exploit such User Content in, with, into or through any form, medium or technology (whether now known or hereinafter developed) without compensation to you, without obtaining your permission or providing attribution, and for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes. In addition, you warrant that all "moral rights" that you may have in such User Content have been voluntarily waived by you, and you agree that the license in this paragraph includes, without limitation, the right for OneWineOneDay, its affiliates and partners to use any name, likeness, image and other identifying characteristics that are embodied or incorporated into any User Content and which shall be considered part thereof for the purposes of these Terms. None of the User Content shall be subject to any obligation of confidence on the part of OneWineOneDay or any third party. After posting your User Content on the Site, you shall continue to retain all ownership rights in such User Content and you shall continue to use your User Content in any way you choose. You agree that any User Content you provide is not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

(ii) You acknowledge that you are solely responsible for all User Content that you post on or disseminate through the Site, including all materials and information transmitted to other Users of the Site. You acknowledge and agree that all User Content, including without limitation, any recommendations and reviews will be accessible by other Users. OneWineOneDay does not screen User Content in advance and is not responsible for screening or monitoring information or material posted by Users or any other person or entity. OneWineOneDay reserves the right to, from time to time, refuse, move, remove, change, condense or delete any User Content on the Site in OneWineOneDay's sole discretion. Without limiting the foregoing, if notified by a User of any User Content that does not conform to these Terms, OneWineOneDay may review the claim and determine in its sole discretion to remove or request the removal of the User Content. OneWineOneDay reserves the right (but is not obligated) to remove User Content that is abusive, illegal, disruptive or that otherwise fails to conform with these Terms and/or to edit or delete any User Content, regardless of whether such content violates these Terms. OneWineOneDay reserves the right (but is not obligated) to monitor, edit, disclose or record any User Content for adherence to these Terms. OneWineOneDay may exercise these rights if required, in the course of normal operations and maintenance of the Site, or by law or in the good faith belief that such action is necessary to: (i) comply with the law or with legal process served; or (ii) protect and defend the rights of Users, OneWineOneDay or others. OneWineOneDay HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

(iii) You understand, acknowledge and agree that when you delete User Content from the Site it is deleted but such removed User Content may persist, in backup copies for a reasonable period of time (but will not be available to other users of the Site). Notwithstanding the foregoing, you understand and agree that once User Content is distributed or posted on a third party website which is linked to the Site, OneWineOneDay is under no obligation to delete such content or ask any other third party to delete such content and thus, it may continue to appear and be used indefinitely.

(iv) You agree that you shall not post, publish, submit or otherwise disseminate any User Content or other information through the site: (a) that is known by you to be false, inaccurate or misleading (including, without limitation, creating a fictitious account with false information); (b) that violates, infringes or misappropriates any third party's copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right; (c) that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language; (e) for which you were compensated or granted any consideration by any third party; (f) that contains any computer viruses, worms or other potentially damaging computer programs or files; (g) harasses or advocates harassment of another person; (h) exploits people in a sexual or violent manner; (i) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimmins," or "spamming"; (j) solicits passwords or personal identifying information for commercial or unlawful purposes for other users; or (k) includes any information or photograph of another person without such person's consent. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SUBJECT TO CRIMINAL AND CIVIL PENALTIES IF YOU POST OR UPLOAD ANY USER CONTENT THAT IS COPYRIGHTED OR CONTAINS ANY PROPRIETARY RIGHTS OF ANOTHER THIRD PARTY.

(b) OneWineOneDay Content.

The Site (and the services offered by OneWineOneDay on the Site) contains certain information, materials, files or content of OneWineOneDay (collectively "OneWineOneDay Content"). No OneWineOneDay Content comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of OneWineOneDay. The Site and the OneWineOneDay Content found therein are the property of OneWineOneDay and its licensors and are protected by copyright laws and international treaty provisions. You acknowledge that OneWineOneDay or its licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all OneWineOneDay Content. For purposes herein, the term "Content" shall include User Content and OneWineOneDay Content.

(c) Other Third Party Content.

(i) The Content on the Site may include information relating to third parties and their products, services and opportunities (including, without limitation, your opportunity to participate in various wine tastings), and links to such third parties and their online resources. Such Content may include, without limitation, postings by users in different areas of the Site, data files, written text (e.g., reviews, recommendations, articles, etc.), computer software, music, audio files, video files, web casts photographs or other images. The Content on the Site also includes a variety of information and views and opinions on a wide range of topics. Some Content will be provided directly by OneWineOneDay or third party providers of products and services (or agents or representatives working on their behalf). In other instances, Content may be provided by experts who may or may not be compensated by OneWineOneDay or affiliated with OneWineOneDay in any manner. OneWineOneDay does not warrant that product, service or opportunity descriptions, pricing, editorial, opinion or other commentary or any other Content, regardless of its source, is accurate, complete, reliable, current, of good quality or error-free. All Content is provided for informational purposes only and does not constitute an endorsement, recommendation, sponsorship or approval of such Content, or any product, service, or opportunity of or provided by a third party, by OneWineOneDay. You should not rely on such information including, without limitation, in situations where its inaccuracy would or could cause you or any other third party to incur any loss, damage, liability or injury (including, without limitation, personal injury or death).

(ii) The products and services offered by third parties are sold or provided by such third parties and not by OneWineOneDay, nor is OneWineOneDay or the Site acting as agent for such third parties in the provision of such third party products and services including, without limitation, with respect to any free product samples you may obtain through the use of the Site. Reviews, ratings and other Content (e.g., video, web casts, etc.) on the Site are from our users, partners or vendors who have elected to provide such materials on the Site. OneWineOneDay disclaims any responsibility for, or liability related to, such products and services (or any information relating thereto), and you agree to address any questions, complaints or claims solely to the appropriate third party provider of such products or services and not to OneWineOneDay. Links to other Internet sites operated by third parties, including manufacturers of products or services featured on OneWineOneDay, do not constitute sponsorship, endorsement or approval by OneWineOneDay of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by OneWineOneDay, and OneWineOneDay is not responsible for the availability, content, security, policies or practices of linked sties, including without limitation, privacy policies and practices. Links to other websites are provided to your convenience only and you access them at your own risk.

(iii) OneWineOneDay expressly disclaims any and liability for the accessing of any data or communications or other Content on the Site by unauthorized persons and entities.

(d) DISCLAIMER OF WARRANTIES AND REPRESENTATIONS IN FURTHERANCE OF THE FOREGOING, THE SITE, AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (1) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE, AND (2) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. OneWineOneDay MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. OneWineOneDay MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE CONTENT. ANY ISSUES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES (INCLUDING, WITHOUT LIMITATION, PRODUCTS OR SERVICES PROVIDED BY OR PURCHASED FROM THIRD PARTIES, OR VOLUNTEER OPPORTUNITIES OFFERED BY THIRD PARTIES) MUST BE RESOLVED SOLELY AND DIRECTLY WITH THE PROVIDER OF SUCH THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF OneWineOneDay.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of OneWineOneDay shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

(e) Assumption of Risk. While using the Site, you may be exposed to Content that you find offensive, indecent, profane, objectionable or inaccurate, and you bear all risks associated with your access to or use of such Content. We have the right, but not the obligation, to remove any Content that may (in our sole discretion) violate these Terms or that we may otherwise decide should be removed from the Site (in our sole discretion).


V. Conduct.

OneWineOneDay cannot and does not assure that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. However, it is acknowledged and agreed that it shall be a violation of these Terms to use any Content obtained from this Site to abuse or harm another third party or to contact, advertise to, solicit or sell to any User without the prior written consent of such User.


VI. Privacy.

Certain information collected from you in the course of your using the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference and which may be revised from time to time as provided therein. You acknowledge, agree and consent to the information collection, distribution and other terms, conditions and matters set forth in the Privacy Policy.

VII. Release.

WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU HEREBY DISCLAIM, WAIVE AND RELEASE OneWineOneDay AND COVENANT NOT TO SUE OneWineOneDay FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, JUDGMENTS, INJURY, LOSS, DAMAGES, EXPENSES AND DEMANDS WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR REFERENCE TO THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CODE SECTION 1542 WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITORS FORES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

VIII. Indemnification.

You agree to defend, indemnify and hold harmless OneWineOneDay, its affiliates, vendors, partners, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or relating to (a) your breach of these Terms, (b) your access to or use of the Site and/or the Content, (c) any User Content provided by you or on your behalf, or the subsequent use and access thereto by third parties, (d) your violation, breach or misappropriation of a third party's copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property, proprietary or other right, (e) your tortuous acts including, without limitation, defamation, and/or (f) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.

IX. Limitation of Liability and Exclusive Remedy.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONEWINEONEDAY OR ANY MEMBER, MANAGER, OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AGENT (COLLECTIVELY WITH ONEWINEONEDAY THE "ONEWINEONEDAY PARTIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ONEWINEONEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR ANY OTHER BREACH OF THESE TERMS BY ONEWINEONEDAY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES.

IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY ONEWINEONEDAY PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, THE AGGREGATE LIABILITY OF THE ONEWINEONEDAY PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES (IF ANY) PAID BY YOU TO OneWineOneDay IN THE SIX MONTH PERIOD PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE ONEWINEONEDAY PARTIES (OR ANY ONE OR MORE OF THEM), OR (B) $150.00 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.

No action, regardless of form, arising out of any transaction under these Terms, may be brought by you more than one year after you have knowledge of the occurrence which gives rise to the cause of such action.

X. Termination.

You may terminate your membership and use of the Site at any time by contacting onewineoneday@OneWineOneDay.com. Further, your right to access and use the Site will automatically terminate without notice, if you breach any provision of these Terms. You agree that OneWineOneDay may terminate your use of this Site, remove any User Content submitted by you and/or exercise any other remedy available to it if OneWineOneDay believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of OneWineOneDay or any third party, or for any reason with or without notice to you. OneWineOneDay RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT OR DISCONTINUE THE SERVICE OR ANY PORTION OR FEATURE THEREOF FOR ANY OR NO REASON AND AT ANY TIME IN OneWineOneDay'S SOLE ABSOLUTE DISCRETION. You agree that OneWineOneDay will not be liable to you or any third party as a result of such modification or discontinuation. The following Sections shall survive termination of these Terms: ((IV(d), IV(e), V, VII, VIII, IX, XI, XII, XIII, XIV and XV) and all other sections that may be reasonably interpreted to or are intended to survive these Terms.

XI Copyright Complaints.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us at the contact information described below.

All notices of such claims of copyright infringement on or regarding OneWineOneDay is:

OneWineOneDay

Avenida de los Vinateros 32

Cubillas de Santa Marta, Valladolid, Spain 47290

Email: onewineoneday@OneWineOneDay.com


XII. Confidentiality.

The Site is and contains confidential and proprietary information of OneWineOneDay. You agree to hold in strict confidence, not to use or disclose to any third party, and to take all necessary precautions to secure the confidentiality of any nonpublic information of OneWineOneDay (collectively "Confidential Information"). You agree to take all steps necessary to safeguard the Confidential Information against unauthorized disclosure, reproduction, publication, or use, and to satisfy your obligations hereunder. In accordance with this provision, you will maintain at least the same precautions as you take in regard to your own confidential information, but not less than reasonable care. You will not at any time, during or after the conclusion of your use of the Site, directly or indirectly, divulge or disclose for any purpose or use for its own benefit or for the purposes or benefit of any other person any Confidential Information. You shall immediately advise OneWineOneDay in writing of any improper disclosure, misappropriation, or misuse of the Confidential Information, which may come to your attention.

XIII. Injunctive Relief.

Because of the unique nature of the Site and the services offered thereby, you understand and agree that OneWineOneDay may suffer irreparable injury in the event you fail to comply with any of these Terms and that monetary damages may be inadequate to compensate OneWineOneDay for such breach. Accordingly, you agree that OneWineOneDay will, in addition to any other remedies available to it at law or in equity, be entitled to immediate, injunctive relief to enforce these Terms without the necessity of posting a bond.

XIV. Miscellaneous.

(a) These Terms shall be binding upon you and OneWineOneDay and each of your or our successors, assigns, executors and legal representatives, as applicable. You may not assign your rights and obligations under these Terms without the prior written consent of OneWineOneDay. Any attempt at such assignment without complying with the foregoing shall be deemed null and void and of no effect.

(b) Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.

(c) OneWineOneDay will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond OneWineOneDay's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

(d) These terms operate to fullest extent permissible by law. Without limiting any of these Terms, if any provision of these Terms shall be deemed unlawful or unenforceable under any applicable law or jurisdiction will be ineffective to the extent that it unlawful or unenforceable without affecting any other provision of these Terms.

(e) You agree that these Terms (including the Privacy Policy) as modified from time to time, are the complete and exclusive statement of the agreement between OneWineOneDay and you with respect to your access to and use of the Site and its Content, and supersede and merge all prior or contemporaneous proposals, understandings and all other agreements, oral and written, relating to the subject matter hereof.

(f) No change or amendment to these Terms by any party other than OneWineOneDay shall be valid or enforceable against OneWineOneDay unless agreed to in writing by OneWineOneDay.

Copyright 2009 OneWineOneDay All rights reserved.