PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The documents, data, information and other materials (collectively the "Material(s)") contained on the Web Site (the "Site") are provided by Shines Brighter Software LLC to inquire about services (collectively, “Authorized Users”).
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it.
Shines Brighter Software reserves the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time.
AGREEMENT FOR USE. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to supervise all usage by minors of this Site under your name or account.
LIMITED LICENSE TO VIEW AND COPY. The content and information displayed on this Site (“Shines Brighter Software Materials”) is the property of Shines Brighter Software and/or other parties. The downloading, reproduction, or retransmission of Shines Brighter Software information, other than for non-commercial individual use, is strictly prohibited.
This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
PROHIBITED CONDUCT. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of Shines Brighter Software. ( b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS. This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Shines Brighter Software and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Shines Brighter Software and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Shines Brighter Software trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES. All contents of this Web site are the copyrighted property of Shines Brighter Software, or their subsidiaries, or affiliates, as applicable. All contents of this Web site are protected by United States and international copyright laws.
Trademarks owned by Shines Brighter Software may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. Any rights not expressly granted herein are reserved.
The following are the service marks owned by Shines Brighter Software LLC: Driven™, Wine Journal™, Vinoriffic™, WineSnap™, BeerSnap™, Pocket Cellar™.
OWNERSHIP OF MATERIALS. The Materials are confidential and proprietary information of Shines Brighter Software as applicable.
LINKED WEB SITES. This Site includes links to other web sites. Shines Brighter Software provides such links solely as a convenience to you and for informational purposes only. Shines Brighter Software has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Shines Brighter Software’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Shines Brighter Software, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
DISCLAIMER. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further Shines Brighter Software does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Shines Brighter Software may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. Shines Brighter Software makes no commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SHINES BRIGHTER SOFTWARE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY SHINES BRIGHTER SOFTWARE OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF SHINES BRIGHTER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION. Shines Brighter Software reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by Shines Brighter Software, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
MISCELLANEOUS PROVISIONS. Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Georgia, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Shines Brighter Software in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.