Mandatory EatingVine.com Terms of Use

YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE AND AS A CONDITION PRECEDENT TO USING THIS WEBSITE.

Trent Media Company, LLC (hereinafter “TMC”) provides this website and website-related services subject to your compliance with the terms and conditions set forth in this Mandatory Terms of Use Agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between TMC and you, the Visitor, with respect to your use of the Website. This Website is the property of TMC and your entry is not without conditions. YOUR USE OF THE WEBSITE CREATES A LEGALLY BINDING CONTRACT BASED ON THIS MANDATORY TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY, AND YOU HEREBY AGREE TO ALL SAID TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS MANDATORY TERMS OF USE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS PROVISIONS. IF YOU DO NOT AGREE TO THESE MANDATORY TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT USE THE WEBSITE.

As used in this Agreement, the words “you” and “your” refer to any person, system, program, entity or other thing or process accessing the TMC Website. The words “we,” “us,” and “our” refer to TMC.

TMC may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement. You can determine if this Agreement has been revised since your last visit by referring to the “Effective Date” listed at the top of this page.

Further, TMC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that TMC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).

If you have any questions about this Agreement or your other agreements, please contact us at webmaster@eatingvine.com.

SITES COVERED

This Agreement applies the EatingVine.com Website (the "Website") located within the EatingVine.com domain, and any process, contest, promotion, or other material related thereto that references this Agreement.

LICENSE TO USE WEBSITE

As long as you are in compliance with the terms of this Agreement and all associated documents incorporated herein, TMC hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to access the Website via an ordinary Internet browser, to view the Website and all Content and Materials thereon that are intended to be displayed publicly. The Agreement impacts your legal rights and responsibilities and should be read carefully. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. No other rights are granted — by implication or otherwise.

INCORPORATED TERMS

The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:

• 1. Copyright Policy
• 2. Complaint Policy, including trademark complaints
• 3. Privacy Policy

ELIGIBILITY TO USE THE WEBSITE

The following are requirements for your eligibility to use the Website, and you hereby warrant that you meet all such eligibility requirements.

You are over the age of 21, or you are over the age of 18 and agree not to utilize any of the areas of the Website relating to wine, unless otherwise exempt; and, You have not previously been removed, suspended or terminated from the Website.

AVAILABILITY AND USE OF THE WEBSITE

While TMC makes reasonable efforts to ensure that the Website is available at all times, TMC does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and TMC does not guarantee that users will be able to access or use all or any of the Website features at all times.

TMC may change, suspend, choose to charge a fee for or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature or your particular user account, in its sole discretion. TMC may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.

TMC is under no obligation to maintain the Website or any information, Content, Submissions, Materials (as defined hereunder), or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. TMC reserves the right to withhold, remove and or discard any such material on the Website or available or placed by you thereon as part of your account, with or without notice at any time. For avoidance of doubt, TMC has no obligation to store, maintain or provide you a copy of any information, Content, Submissions, Materials, or other matters that you or any other user submits to the Website in any way.

IMPORTANT NOTICES/DISCLAIMER

TMC makes available the information and materials on the Website, including but not limited to summaries, descriptions, user profiles, recipes, tasting notes, text, articles, videos, images, graphics, publications, advertisements, news, surveys, articles, seminars, information regarding TMC members, tutorials and any other such materials appearing on the Website (the "Materials"), for general informational purposes only. TMC does not endorse, approve or warrant in any way any Materials appearing on the Website, whether posted by TMC, advertisers, or by Website users.

The Materials are not intended to constitute, and DO NOT constitute, advice of any kind. Those accessing the Materials should not act upon them without first seeking appropriate counsel, as these Materials are general in nature, and may not apply to a particular circumstance.

The Materials may include examples of temperatures which result in a desired cooking doneness, ingredients to utilize, or other health-related issues. All such examples are not recommendations of any kind. Individual preferences may vary, and may not comport with Government recommended cooking temperatures or health standards. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding food storage and consumption safety. You are solely responsible for your own food preparation and consumption and any illness or injury of any kind which results therefrom.

TMC does not vouch for any statements made by its users nor does it warrant or guarantee that any statements made by users are accurate. Those who have food allergies or other health conditions should proceed carefully and at their own risk. Neither TMC, nor its affiliates, employees, agents, officers or directors will be responsible for any decisions you may make.

For more information regarding food safety, visit: www.fsis.usda.gov/Fact_Sheets/Use_a_Food_Thermometer/index.asp

The Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, service information, product description or availability, and may not be complete or current. In the event that TMC sells or offers to sell products, TMC reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects ("Depiction") of the goods that TMC posts on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description.

Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by TMC, if any, are provided purely for informational and illustrative purposes. TMC does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services, if any, are actually offered or comports with its description on the Website. TMC reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.

You acknowledge and agree that TMC and its sponsors may send you important notices or other information related to the Website by email or through other means, including mobile or other hand held devices. You acknowledge and agree that TMC has no liability related to or arising from any failure by you to maintain accurate or up to date contact information, or other profile information, or related to your failure to receive important or critical information regarding the Website.

RULES OF CONDUCT

Your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. You must provide true and accurate information at all times in any Material, Content, Submission, or other material that you provide or upload to the Website. You understand that TMC may not review your content for accuracy and that others may view your content and might rely thereon, despite disclaimers contained herein. You agree to review and promptly comply with all messages received from TMC regarding the Website.

You must keep your user password and any other information needed to log-in to the Website, if applicable, confidential and secure. TMC is not responsible for any unauthorized access to your account or profile by other Website visitors and any ramifications of such access. However, under confirmed unauthorized use circumstances, TMC may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact copyright@eatingvine.com with the term "Account Breach Notice" in the subject line.

You alone are responsible for your interactions with other users of the Website. TMC may monitor disputes between you and other users, and may terminate your account at any time, in its sole discretion; however, TMC is under no obligation to monitor such interactions or take any particular action.

You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any TMC employee, agent, or representative, or expressing or implying that TMC endorses any statement you make or product referred to by you. You may not use any information obtained from the Website to harass, spam or intimidate others or to contact them without their permission.

You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or mine, harvest or collect personally identifiable information about Website visitors or users, or about TMC employees or other individuals identified on the Website, without their express written consent.

The Website provides a service to its members to facilitate networking and sharing of information among its other members. The Website, while offering marketing opportunities to certain entities, is not meant to be a marketing tool for the sale of particular products or services, and your use of the Website for commercial solicitation of others, within or without the Website, is strictly prohibited without TMC's consent. Broadcast communication and spam are expressly prohibited. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials. You may not mine or harvest information from the Website, including any scraping of the Website.

You may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website's content, including TMC's or any other party's intellectual property therein, without our prior express written authorization. You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website.

To the extent that you may access or download any software that is made available through TMC from the Website ("Software"), such Software is the copyrighted work of TMC and/or its various third party licensors. Your use of the Software may be governed by the terms of an additional end user license agreement which may accompany or be included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless You first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult TMC before accessing any programs.

You agree not to upload, distribute, make available, or otherwise publish through the Website or any Service thereon, any Content or Submission (as defined herein) that:

• contains a virus, corrupt file, or any other similar software of programs which may damage the operation of another's computer;
• is unlawful or encouraging of another to commit unlawful activity;
• violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party;
• defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing or otherwise objectionable;
• Constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by TMC;
• Contains a contest, pyramid scheme or chain letter;
• May restrict or inhibit any other user from using the Communication Services; or
• Violates any rules of conduct which may be applicable to a particular Communication Service.

In the event that you are obligated by law to take actions contrary to any term of this Agreement, you agree to notify TMC at least 30 days before you are required to take such actions, or if a shorter period is required, as soon as possible.

No omission of prohibited activities should be interpreted as consent. If you have a question about whether a practice is acceptable, please contact TMC at copyright@eatingvine.com

CONTENT SUBMITTED OR MADE AVAILABLE TO TMC

You are under no obligation to submit anything to TMC, and except for provided herein, TMC will not claim ownership of any original text, information, software, music, sound, photographs, graphics, video, messages or tags ("Content") you submit or make available through or on the Website, subject to any Content legally owned by TMC or otherwise not copyright owned by you. However, should you choose to utilize the Services available on the Website to submit, upload, or otherwise provide any original Content to TMC, you hereby grant TMC a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to TMC to use, copy, distribute, reproduce, modify, adapt, improve, interpret, create derivative work from, publish, remove, delete, translate, publicly perform, publicly display and commercialize the Content, in whole or in part, in any way or manner now known or in the future discovered or developed, and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person or entity, without further consent, and without any liability whatsoever. For the avoidance of doubt, the foregoing license shall include any Content (including but not limited to recipes or any portions thereof) which TMC incorporates into published books or other works in any format or medium, even if you are no longer a user of the Website and/or after your use of the Website. You further expressly permit, license, and assent to TMC's right to register, deposit, or otherwise record any modification or derivative work created by TMC from the Content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of TMC and any of its successors or assigns.

By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto ("Submissions") or other Content to TMC, you hereby explicitly agree, represent and warrant that: (a) all such Submissions and Content are true and accurate, (b) such Submissions and Content do not contain confidential or proprietary information, and their provision is not a violation of any contractual or legal right of any party; (c) TMC is not under any obligation of confidentiality relating to the Submissions or Content, either express or implied; (d) TMC shall be entitled to use or disclose the Submissions or Content in any way, manner, purpose or otherwise, worldwide, at any time, even if you are no longer a user of the Website and/or after your use of the Website; (e) TMC may have under consideration or development similar ideas to the Submissions or Content; and (f) you are not entitled to any compensation or reimbursement of any kind from TMC in exchange for the Submissions. You further agree to inform TMC should any Submissions or Content change since your registration with TMC and/or its provision to TMC, and, if appropriate, you agree to make such modifications yourself to your profile.

Further, TMC may access and use the Website and any Service and any information stored thereon, including the contents of any Content or Submissions, for any lawful purpose. At any time, even if you are no longer a user of the Website and/or after your use of the Website, TMC may disclose the contents of any Content or Submissions, including the identity and other personal information of any user, submitter or poster of such materials, to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.

Certain Contents, Submissions or Materials you may choose to submit to the Website are likely to reveal your age, gender, nationality, sexual orientation, religion or other sensitive information. You acknowledge that you are fully aware and responsible for all actions and impact of providing said materials. You agree that TMC will not be held responsible for any such impact. By providing any sensitive or personally identifiable information to TMC, you explicitly grant TMC the right to process, display, transfer and/or disclose all or part of such information, in accordance with the Privacy Policy.

You hereby take and accept full responsibility for all ramifications of the public availability of any Content or Submissions you submit to TMC or make available on the Website, and agree that TMC shall be held harmless from any result of such availability or use, in accordance with this Agreement. To the extent that you do not want other people knowing your business, do not share or post it to the Website.

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. TMC does not warrant that any information contained on or in said Communications Services is accurate, reliable or confidential. You agree that TMC cannot be held responsible for any ramifications of your posting or use of any Content or Submissions or any Materials from or to said Communications services.

TMC retains the right, but not the obligation, to monitor any activity and Submission or Content submitted, posted, uploaded, or otherwise communicated to TMC or the Website, or is made available on the Website. TMC may block, edit, modify or remove any Submission or Content it deems to be violative of this Agreement, or any other Content or Submissions that TMC deems, in TMC's sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of TMC, the Website or the particular area of the Website to which such Content or Submission may have been placed. However, TMC takes no responsibility and assumes no liability for any Content or Submission posted by you, or any damage caused by another user's access to such content on the Website, whether before or after any removal of such Content or Submission by TMC. TMC in no way endorses any Content or Submission posted to or made available through the Website.

TMC does not control the Content or Submission submitted to TMC or otherwise made available to others on the Website, and has no obligation or duty to verify the accuracy of any such Content or Submission, or the identity of any user that provides such materials or to supervise the uploading, use or availability of such materials on or to the Website. In the event that you believe that any user of the Website has violated this Agreement, please contact TMC immediately, and TMC may take action that it, in its sole discretion, deems appropriate under the circumstances.

TMC'S INTELLECTUAL PROPERTY RIGHTS

The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions world-wide. You recognize that while some of the Materials available on the Website may be compiled from publicly available sources, the compilation of such materials represents protectable effort and expression exerted by TMC, and you agree not to contest same.

You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy, distribute, make commercial use of or otherwise exploit any part of the Materials or the Website for any other purpose without the express written consent of TMC, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to TMC's Mandatory Terms of Use and obtaining TMC's prior express written authorization. Additionally, you may not remove any trademark, copyright, or other rights notice which appears on the Website.

The trademarks, service marks, logos and any designs used or displayed on the Website specific to TMC, including the EatingVine name and logo, are trademarks and/or service marks owned by TMC. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of TMC is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

The website may also contain samples of TMC's programs for informational purposes, including but not limited to TMC's proprietary wine/food pairing system. These programs cannot be used for any commercial purpose without the express written permission of TMC. Moreover, certain technology and programs may be subject to intellectual property rights, and any unauthorized use is strictly prohibited.

TMC can be reached by directing communications to:
Trent Media Company, LLC
Nilani Trent
1385 York Ave. 19C
New York, NY 10021
212-737-7513 (phone and fax)
copyright@eatingvine.com

ENFORCEMENT OF THE AGREEMENT

TMC may investigate any reported, alleged or suspected violation of this Agreement, and take any action that TMC, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user's access to the Website or complete termination of such access, at any time. TMC reserves the right to recover those amounts spent in connection with enforcement, from any violation of these terms.

TERMINATION

Participation in the Website and any rights or privileges to use the Website may be revoked by TMC at any time for any reason at its sole discretion. Termination is effective immediately upon notice to you or upon deletion or deactivation of your account without notice. Without limiting the foregoing rights, TMC has a policy of terminating users who are repeat violators of the United States Copyright Act, as noted in the Copyright Policy.

Termination does not relieve you of your obligations under this Agreement and you explicitly agree to abide by the conditions herein after termination, understanding that your initial access to the Website is conditioned upon this representation.

All grants of any rights from you to TMC related to Content, Submissions, Materials, or other matter, including but not limited to copyright or other intellectual property licenses, shall survive any termination of this Agreement.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

IN NO EVENT SHALL TMC, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL'S USE OF OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. TMC DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. TMC DISCLAIMS ANY AND ALL LIABILITY FROM ANY MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO THE WEBSITE. ADDITIONALLY, TMC DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY TMC TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. TMC DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF OTHERS. FURTHER, NEITHER TMC, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS

ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY GOODS OR SERVICES CONTAINED HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.

TMC HAS NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER UTILIZING THE WEBSITE OR THE SERVICES AVAILABLE THEREON, NOR DOES TMC HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE BY OTHER USERS. TMC WILL NOT BE HELD LIABLE FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" AND TMC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE WEBSITE. IF YOU ARE DISSATISFIED OR HARMED BY TMC, THE WEBSITE OR ANYTHING RELATED TO TMC, YOU MAY LEAVE TMC AND MEMBERSHIP IN THE WEBSITE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, the Parties agree that neither TMC nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable for any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or any Services, Content, Submissions, Materials or other materials on, accessed through or downloaded from the Website, even if TMC is aware or has been advised of the possibility of such damages. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that TMC causes you intentionally and knowingly in violation of this Agreement or that by applicable law cannot be disclaimed in this Agreement.

INDEMNITY

You agree to defend, indemnify and hold harmless TMC, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of or related to:

Your activities in connection with the Website;

Any violation of this Agreement by you;

Any improper or unauthorized use of the Materials by you;

Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the Website or the use of software or information which appears on the Website; or,

Any allegation that anything you transmitted or attempted to transmit, including but not limited to any Content, Material or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.

To the extent that you voluntarily provide your login, password or member information to another, you agree to be bound by and responsible for their actions hereon.

INCORPORATION OF ADDITIONAL POLICIES

We use or may use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.

We respond to allegations of copyright infringement, trademark infringement or other violations in accordance with the terms of this Agreement, the Copyright Policy and the Complaint Policy, including trademark complaints. These documents are hereby incorporate herein by reference.

CHOICE OF LAW AND JURISDICTION

Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by TMC from New York, in the United States of America, regardless of where its servers may be located, from time to time. You agree that any dispute relating to or arising under the Agreement or arising out of or related to the use of the Website shall be resolved exclusively by New York State or federal courts, in the County of New York, applying New York law, regardless of any principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

LINKS TO OTHER WEBSITES

The Website may contain advertisements and/or links to other sites ("Third Party Websites"). These links are provided solely for the convenience of our users. TMC does not endorse, sanction or verify the accuracy of the information contained in the advertisements or on Third Party Websites or any products or services advertised on Third Party Websites. If you decide to leave the Website and navigate to Third Party Websites, or install any applications, software of download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you may no longer be protected by the Privacy Policy or Mandatory Terms of Use of the Website, and you may be subject to the Terms and Conditions and Privacy Policy of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to from the Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. TMC bears no responsibility for any action associated with any Third Party Website.

EXPORT CONTROL

Your use of the Website, including any Services thereon, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and any programs maintained by the Treasury Department's Office of Foreign Assets Control. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software or Service to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving US origin products, including but not limited to those that may appear on the Website.

POLICIES FOR CHILDREN

The Website is not directed to individuals under the age of 21, or under the age of 18 if such user agrees not to utilize the areas of the Website related to wine. If, however, TMC discovers that a child under the age of 13 has improperly accessed the website and provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

GENERAL TERMS:

SEVERABILITY

If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. ENTIRE AGREEMENT AND AMENDMENTS

This Agreement, along with the attached policies, constitutes the entire agreement between you and TMC regarding your use and interaction with the Website. This Agreement may be supplemented by additional terms relating to services that TMC may provide, which you will be presented with prior to participating in or using such services. Any amendments to this Agreement by you must be in writing, and TMC shall not be bound to any action or activity that it does not so bind itself to do in writing. TMC may modify this Agreement at any time by posting modified terms to the Website, and all such terms will be binding prospectively, but not retroactively, upon posting. NOTICES

All notices to you under this Agreement may be provided via e-mail or any other communications means you provide to the Website. All notices from you to TMC's address indicated above must be sent to the following address. Any notices that are not to these addresses will be given no legal effect.

Trent Media Company, LLC
1385 York Ave. 19C
New York, NY 10021
212-737-7513 (phone and fax)
copyright@eatingvine.com

WAIVER

Any failure by TMC to enforce any term of this Agreement against you or any other user shall not be considered a waiver of TMC's right to enforce this Agreement as to any future violations committed by you or any other user.

ASSIGNMENT

This Agreement is personal to you, and you have no right to assign this Agreement to any party. TMC may assign all of part of this Agreement to any party, at any time. TMC may substitute itself, by way of unilateral novation, effective upon notice to you or upon posting to the Website, for any third party that assumes TMC's rights and obligations under this Agreement.