terms of use
Last Updated: September 30, 2010
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE,
AND THAT YOU ACCEPT AND WILL BE BOUND BY THEM. OPENBOTTLES ("OPENBOTTLES") RESERVES THE RIGHT
TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
Trademark Notice:
"OpenBottles" and the OpenBottles logo are trademarks of OpenBottles.
Limited License:
OpenBottles hereby authorizes you to print and copy materials published by
OpenBottles on this web site solely for your personal, non-commercial use. No other use of the information
is authorized. All copies of the content must retain all copyright and other proprietary notices.
Termination:
OpenBottles may terminate this license at any time if you are in breach of the
terms of this agreement. Upon termination, you must immediately destroy all copies of the materials
copied from this web site.
General Disclaimer:
OPENBOTTLES ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION PROVIDED ON THIS SITE.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
YOU HEREBY DISCLAIM ALL WARRANTIES BY OPENBOTTLES RELATING TO YOUR USE OF THIS SITE. YOU ACKNOWLEDGE
THAT YOUR USE OF THIS SITE MAY NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION AVAILABLE ON THIS
SITE MAY CONTAIN, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM
TIME TO TIME.
OPENBOTTLES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, OR THE LIKE), PUNITIVE, SPECIAL OR OTHER DAMAGES, UNDER ANY LEGAL THEORY,
ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF OPENBOTTLES 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.
Indemnity:
By choosing to use this site, you agree to indemnify OpenBottles, its officers, agents,
partners, shareholders and employees from any and all claims or damages, including reasonable attorney's fees, made by
third parties due to, or arising out of content you choose to submit, post or transmit through OpenBottles, or
your use of or connection to OpenBottles, your violation of these Terms of Use or your violation of any rights of another.
Password Protected Areas:
Access to and use of password protected and/or secure areas of this site
is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the web
site may be prosecuted.
Content Submissions:
You understand that all information, data, text, messages or other materials ("Content")
are the sole responsibility of the person from which such content originated. This means that you, and not OpenBottles,
are entirely responsible for all Content you submit or make available on OpenBottles. You acknowledge and agree that
OpenBottles may preserve Content and may also disclose Content if required to do so by law or to comply with legal process,
to enforce these Terms of Use, to respond to claims that any Content violates the rights of third parties, or to protect
the rights, property or personal safety of OpenBottles, its users and the public. You retain all ownership rights to the Content
that you publish on this site; provided, however, you grant OpenBottles a nonexclusive, irrevocable, perpetual,
worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize,
use, distribute, sublicense, modify, adapt, publicly perform, publicly display, copy, exploit, and prepare derivative works of
the Content. No information you submit shall be deemed confidential. However, OpenBottles agrees to use any of your personal information in
accordance with OpenBottles' Privacy Policy applicable to personally identifiable information.
Links to Third Party Web Sites:
This site may contain links to third-party sites. You assume
the risk of accessing any third-party web site linked to this site. Because OpenBottles has no control over
these third party web sites, OpenBottles is not responsible for the accuracy or reliability of any information,
data, opinions, advice or statements made on the third-party web sites. OpenBottles provides these links for
your convenience and inclusion of these links does not imply an endorsement.
Miscellaneous:
These Terms of Use and any disputes arising out of or related to use of this
site shall be governed by the internal laws of the state of California and any applicable federal laws, without regard
to conflicts of laws principles. In the event of any dispute arising out of or relating to this site,
you agree that the exclusive venue for litigating disputes shall be in state or federal court in Santa Clara County, California.
Questions and Feedback:
We welcome your questions and feedback about this policy. Please contact us with your questions or comments.
