Winery Passport Terms of Use

Last Updated: May 30, 2019

By downloading Winery Passport, you agree to and accept these Terms of Use:

This End User License Agreement (the "Agreement") for Winery Passport (the "Application") is a legal agreement between User ("You" or "Your") and BakBurner Digital, LLC ("Owner" or "We"). By accessing, downloading, purchasing and otherwise using Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its Terms of Use. If You do not agree to Application’s Terms of Use, do not access, download, purchase or use Application.

The materials contained in Application are protected by applicable copyright and trademark laws. Owner will not or does not grant You access to Application unless You agree to the following Terms of this Agreement:

1. User License
Permission is granted to download one copy of Application for personal, non-commercial transitory viewing only, unless obtained through Apple’s volume purchase program. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any code engineered within Application;
  4. remove any copyright or other proprietary notations from Application; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Owner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded or modified materials in your possession whether in electronic or printed format.

2. Privacy Policy
Use of Application is also governed by our Privacy Policy. Your privacy is extremely important to Owners. We have written the policy to disclose how We collect and use Your information. By downloading and accessing Application, You accept and agree to be bound by the Terms of Use and Privacy Policy.

3. Disclaimer
The materials within Application are provided "as is". Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials within Application or otherwise relating to such materials or on any other applications or websites.

4. Age
The minimum age to consume alcohol in the United States is 21 years old and 18 years old in Canada. By downloading and accessing Application, you agree you are of legal age in your resident country. Owner does not condone underage drinking and is not liable for those who fail to comply with these Terms.

5. Limitations
In no event shall Owner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials within Application, even if Owner’s authorized representative have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions
The materials appearing within Application could include technical, typographical, or photographic errors. Owner does not warrant that any of the materials within Application are accurate, complete, or current. Owner may make alterations to the materials contained at any time without notice. Owner not, however, make any commitment to update the materials.

7. Ownership
Without limitations, all animations, artwork, coding, concepts, copy, documentation, ideas, sounds, themes, titles and such are property of Owners. Third-party links, logos, photos and other information are property of their respective owner. Welcome screen photo courtesy of Alexandr Vlassyuk/Dollar Photo Club and home screen imagery courtesy of Adobe Stock. You acknowledge and agree that any accounts created within Application are property of Owners and leave You with no ownership or property interest in them. Owners agree, however, that You retain full rights to any and all uploaded images, and Owners may not use these images without prior written consent.

8. Leads
You may submit requests to join wine clubs, purchase wine and book tastings within Application. Owner provides Your information to winery, which has the opportunity to claim. If unclaimed, Your information may be supplied to a designated partner to attempt to fulfill request. You may cancel with winery or designated partner prior to the completion of any transaction. Once communication between User and winery or designed partner begins, User transfers rights to winery or designated partner’s Terms of Use and Privacy Policy. Users who opt-in to marketing through lead process also may receive additional communication from winery. Application will not be held liable for any issues that arise throughout the transaction process.

9. Equipment & Fees
You must provide all equipment and software necessary to run Application. You are also responsible for any fees, including Internet connection or mobile data fees, that incur when using Application.

10. Taxes & Fees
You agree to pay all fees and applicable taxes incurred from downloading Application on Your mobile device. This includes unauthorized downloads made from Your account. Owners will not refund for any reasons, nor offer compensation of any kind.

11. Cheating
Use of automation software, bots, cheats, hacks or any unauthorized third-party software that may modify or interfere with Application’s experience is a violation of these Terms. This includes attempts to disrupt, interfere or manipulate Application’s data. This may be a direct violation of criminal and civil laws.

12. User Content
You are responsible for all data, images, information and textual materials transmitted or uploaded through Application from your account. You agree that this information is non-confidential, accurate and not a violation of any laws. Owners assume no responsibility for content submitted through Your account, and will not be responsible for monitoring or deleting such content. Owners have no responsibility to evaluate, respond, use or compensate You for any ideas or information You choose to submit.

13. Offensive Content
You agree to not post any information that may be considered abusive, defamatory, harassing, libelous, obscene, threatening, or racially, religiously or sexually objectionable.

14. User Interaction
You are responsible for your interactions with other Application users. Owners will not become involved in any way with disputes arising from this communication. You release Owners from all claims, demands and damages of every kind and nature, known or unknown, arising from such interactions.

15. User Action
You agree to responsible alcohol consumption in conjunction with use of the Application. Owner is not responsible for Your actions before, during or after consumption and will not be held legally liable or at fault for failing to drink responsibly. This includes all parties associated with You.

16. Links
Owner has not reviewed all of the websites linked to in Application and is not responsible for the contents of any such linked resources. The inclusion of any link does not imply endorsement by Owner of the resource. Use of any such linked resource is at Your own risk.

17. Third-Party Advertisements
Application may feature advertisements from Owners and third-parties.

18. Terms of Use Modifications
Owner may revise these Terms of Use for its mobile application at any time without notice. By using Application you are agreeing to be bound by the then current version of these Terms of Use.

19. Governing Law
Any claim relating to Application shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to hold, indemnify and save Owners, its affiliated companies, agents, contractors, employees and third-parties, harmless from any claims, damages, liabilities and losses that arise from Your use or misuse of Application. These provisions will survive any termination of Your use of Application.

Let's remember: Wine is great. Have fun! Drink responsibly.