TERMS OF USE

ACCEPTANCE OF TERMS OF BOTTLEDB
Luxembourg Development Informatique SA ("LDI") has a website (The "Site") where you will find at your disposal information, documents, software and products ("Materials") and various services ("Services") subject to the terms and conditions set forth herein ("Terms of Use"). By accessing this Site, even indirectly through software, you accept the Terms of Use. LDI reserves the right to change these Terms of Use from time to time to its sole discretion. Your use of the Site will be subject to the latest version of the Terms of Use posted on the Site at the time of use. In addition, when using particular Services or Materials on this Site, you will be subject to any guidelines or rules posted on the Site and applicable to such Services or Materials that may contain terms and conditions in addition to the Terms of use. All such guidelines or rules are hereby incorporated by reference to the Terms of Use. Failure of one or other of the Terms of use automatically terminates your permission to use this Site and you must immediately destroy any Material downloaded or printed from the Site.

COPYRIGHT AND LIMITED LICENSE
Materials and Services on this Site are protected by copyright and/or intellectual property law. Any unauthorized use of Materials and Services on this Site may violate such laws. Unless otherwise specified in this document, LDI and its suppliers do not grant any express or implied right to patents, copyrights, trademarks or trade secrets relating to Materials and Services.

Unless specifically permitted herein, no information, whether wholly or partly, nor any materials on the Site may be reproduced in any form or by any means whatsoever without the prior written permission of LDI.

At any time, LDI reserves the right to transfer the operation of BottleDB, to stop or terminate your access to BottleDB without prior notice or refunding on LDI's behalf, for any reason whatsoever, including without limitation, should you breach the provisions of the Terms of Use, or if LDI was unable to verify or authenticate any information you provide, or if LDI discontinues putting BottleDB at the public's disposal.

Site information terms of use. Unless otherwise specified in any other place on the Site, you may view, download and print the documents and information available on this Site under the following conditions:

• The documents may be used only for personal, informative, internal and non-profit purposes.
• The documents and information may not be modified in any way whatsoever.
• The documents and information on the Site may not be broadcast.
• You must under no circumstances remove copyright and other proprietary notices contained in the documents and information.
• LDI reserves the right to revoke the authorization to view, download and print the documents and information from the Site at any time.
• The rights granted to you constitute a license and not a transfer of ownership.

The above mentioned rights relating to the consulting, downloading and printing of documents and information offered on the Site do not apply to the design or layout of the Site. The elements of this Site are protected by law on the introduction of commercial items and other laws and they may not be copied or imitated whether wholly or partly.

Access condition. It is prohibited to use third party software to modify BottleDB. BottleDB can be used only through general browser (such as Internet Explorer ^TM, Firefox ^TM, and equivalent) and / or specific software authorized by LDI or its subcontractors. It is forbidden to create or provide other ways to use BottleDB, including, without limitation, via server emulators (the servers that mimic or contain illegal copies of the latter). It is prohibited to perform any action that imposes an unreasonable or disproportionately large load on the Site or any other infrastructure.

USE AND PROTECTION of ACCOUNT NUMBERS AND PASSWORDS
You have sole responsibility for maintaining the confidentiality of your account number and / or password, if necessary. You are responsible for all uses of your account, whether you have actually or expressly authorized them or not.

WARRANTIES AND EXCLUSIONS
UNLESS OTHERWISE EXPRESSED IN A WRITTEN AGREEMENT BETWEEN YOU AND LDI, OR IN ACCORDANCE WITH APPLICABLE LAW, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE POSSIBILITY OF MARKETING OR ABILITY FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LDI DOES IN ANY WAY WARRANT THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS WILL BE AVAILABLE UNINTERRUPTEDLY, TIMELY, SECURE OR ERROR-FREE, (III) THAT THE RESULTS OBTAINED THROUGH USE OF THE SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, INFORMATION OR SERVICES PURCHASED OR OBTAINED ON THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) SOFTWARE ERRORS OBTAINED ON THE SITE WILL BE CORRECTED. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF THE DURATION OF IMPLIED WARRANTIES, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOUR CASE. IN SO FAR AS THESE LIMITATIONS ARE AUTHORIZED, THE IMPLIED WARRANTIES ARE LIMITED TO NINETY-TEN (90) DAYS.

THIS SITE MAY CONTAIN TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. LDI MAY MAKE CHANGES TO THE MATERIALS AND SERVICES OF THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ALL THE PRODUCTS OF THE LIST AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES SITE MAY NOT BE UPDATED AND LDI DOES NOT COMMIT ITSELF TO UPDATING THESE MATERIALS OR SERVICES.

LDI CAN NOT BE HELD RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND / OR SERVICES LISTED ON THE SITE OR LINKED TO THE SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT LDI AND ITS SUPPLIERS WILL BE LIABLE TO YOU OR THE THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE, INCLUDING, WITHOUT LIMITATION, THE ONE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF LDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR THAT RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE OR ANY OTHER SITE LINKED OR MENTIONED ON THIS SITE. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE DOWNLOADING OR OTHER PURCHASING OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND YOU AGREE TO BE THE ONLY ONE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA CAUSED BY DOWNLOADING OR ACQUIRING THESE MATERIALS. NO ADVICE OR INFORMATION, NEITHER ORAL NOR WRITTEN, PROVIDED BY LDI OR OBTAINED ON THE SITE SHALL CREATE ANY WARRANTY IF IT IS NOT SPECIFICALLY DEFINED IN THE TERMS OF USE.

This Site contains links to third party websites that are not controlled by LDI. LDI is not responsible for other websites which you may access through its own Site. When you access a website different from LDI, you do so at your own risk and LDI is not responsible for the accuracy or reliability of the information, data, opinions, advice or statements presented on this other site nor the quality of products or services offered there. LDI provides these links merely as a convenience, and the existence of such links does not imply that LDI endorses or accepts any responsibility for the content or uses of such Web sites.

CONFIDENTIAL INFORMATION
Please note that LDI does not wish to receive any confidential or proprietary information from you on its Site. All non-personal information sent to LDI is deemed NOT confidential. By providing non personal information or documents to LDI records , you authorize LDI to an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information and materials. You also authorize LDI to use any ideas, concepts, know-how or techniques that you send for any purpose. However, LDI will not give your name and not reveal that you submitted materials or other information unless (a) you authorize LDI to do so, (b) LDI notifies you that the materials or other information transmitted to a specific part of the Site will be published or used with your name, or if (c) LDI is required to do by law. To learn more about protecting your personal information, such as your name and address, please visit the Privacy Notice available on the Site.

FORUM USERS ; COMMUNICATIONS PROHIBITED
LDI can, but does not have to, monitor or review (i) parts of the Site where users transmit or post Communications or communicate only with each other, whether it be chatting centers, newsletters or other forum users, and (ii) the content of such exchanges. However, LDI is not responsible for the content of such communications, whether they fall within the scope of the laws on copyright, slander, privacy, obscenity and the like. LDI also rejects any liability for the misuse, loss, modification or unavailability of materials posted on the Site by users. It is prohibited to post or transmit through this Site any unlawful, threatening, defamatory, obscene, pornographic or other material contrary to law, including, without limitation, the law on copyright . Any violation of either of these conditions entails the denial of access to LDI Sites.

As part of your experience of BottleDB, you will be able to transfer text and content such as photos or images onto BottleDB on our servers and in diverse similar places to communicate with others through various ways, such as the selection level you choose to use BottleDB (wine name, notes, reviews, ads, etc..) on chat channels and to create or edit your user's interface, your nickname, and so on (collectively called the "Content"). The Content that you create must not: (a) violate any right of any person or entity whatsoever in respect of copyright, trademarks, patents, trade secrets or other, (b) being rude , obscene, indecent or in violation of the laws in force, (c) defame, abuse, harass, threaten or violate the legal rights of others (such as rights of privacy and publicity), (d) encourage discrimination, hate or violence towards one person or a group because of race, religion, nationality, ethnicity, gender or sexual preference, or insult the victims of crimes against humanity by contesting the existence of those crimes (e) contain any viruses, Trojan horses, worms, time bombs, cancelbot, corrupted files or any other similar software or program that may damage the operation of the computer of others or the property of others, (f) sell, promote, advertise or solicit products, goods or services unrelated to the normal use of BottleDB; or (g) prohibit or restrict the access to BottleDB to other users.

LDI is under no obligation to monitor the content created by users and LDI cannot in any way be held liable for the harm it might cause. However, LDI reserves the right to access such Content and to take all measures it may deem necessary in this regard, including, without limitation, modifying or removing such Content and / or permanently prohibiting or suspending your access to BottleDB. If for some reason or other, applicable law gives you rights concerning the content, by this, you transfer, grant, assign and yield only to LDI, without time limit if the law permits or for the duration of legal protection given to the Content, for all countries, all of your rights, titles and interests of membership in the Content, without reservation or additional consideration, under any patent, copyright, trade secret , trademark or other law or similar law, including, without limitation, the right to reproduce, adapt, modify, translate, reformat, manufacture, distribute, publish, distribute, sell, under license or under sublicense, transfer, rent, lease, transmit, display or perform, provide electronic access, distribute, communicate to the public by telecommunication, display, publicly perform or enter into the computer memory , or use the Content or create derivative works. This sale applies not only to the Content but also to any change that may occur and any derivative works that could be derived from it, and to all its parts and copies, in whatever form or format and by any means whatsoever, all inventions, designs and trademarks contained therein, and / or incorporating them in any other work whatsoever, regardless of shape, medium or technology used, whether known or to be developed yet. Alternatively, and in the limit where the foregoing is not possible under existing laws, you hereby grant to LDI, its successors and assignees, the license paid, single and exclusive, irrevocable, transferable, and transferable under licence and worldwide to reproduce, fix, adapt, modify, translate, reformat, manufacture, distribute, publish, distribute, sell, license or sub-sub-license, transfer, rent, lease, transmit, display or perform in public, provide electronic access, distribute, communicate to the public by telecommunication, display, publicly perform or enter into the computer memory, or use the Content or create derivative works. This applies not only to the Content but also to any change that may occur and any derivative works that could be derived from it, and to all its parts and copies, in whatever form or format and by any means whatsoever, all inventions, designs and trademarks contained therein, and / or what is to incorporate them in any other work whatsoever, regardless of form, media or technology used, whether known or to be developed yet. To the extent permitted by applicable law, you hereby waive all moral rights you may have about the Content. In conjunction with the foregoing, you hereby agree to abide by all agreements and other texts that may be imposed by existing laws to give full effect to this contract, this license or exemption, in accordance with the present case.
All trademarks mentioned are the property of the respective brands.

ALLOWANCES
You agree to indemnify LDI and its subsidiaries, affiliates, agents, partners and employees for any claim or demand, including reasonable attorneys' fees, from third parties for any content that you send or post or transmit onto or via the Site or for your use of the Site, your connection to the Site, the breach of the Terms of Use, or violation of the rights of others or other entities.

GOVERNING LAW AND GENERAL PROVISIONS
This Site (excluding linked sites) is controlled by LDI. By accessing this Site, you and LDI agree that all matters relating to your access to and use of it are governed by the statutes and laws of Luxembourg.  Therefore any dispute consecutive  or related to these Terms of Use shall be brought before a competent court in Luxembourg, notwithstanding the right of LDI to instigate legal proceedings against you before the jurisdiction which would be competent in the absence of the above mentioned clause. LDI does not dispute the fact that the materials on this Site are available in other places, and it is forbidden to access them from other territories where their contents are illegal. Those who choose to access this Site from other locations do so on their own initiative and it is their responsibility to remain in compliance with local laws. If any provision of this Agreement is found void and unenforceable, the validity and enforceability of the remaining provisions will not be affected.