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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.


By using this site, you signify your assent to these Terms Of Service. If you do not agree to all of these Terms Of Service, do not use this site!


ARTICLE 1. ACCEPTANCE OF TERMS

Welcome to BottleJunction.com. BottleJunction provides its Service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice. In addition, when using particular BottleJunction Services, you and BottleJucntion shall be subject to any posted guidelines or rules applicable to such Services, which may be updated and reposted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.


ARTICLE 2. DESCRIPTION OF SERVICE

BottleJunction currently provides users with access to the "Service", which is defined to be one or more of a collection of resources, including, various communications tools, personalized content, and branded programming through its network of properties. You understand and agree that the Service may include advertisements and that these advertisements are necessary for BottleJunction to provide the Service. Unless explicitly stated otherwise, any new feature(s) that augment or enhance the current Service, including the release of new BottleJunction properties, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that BottleJunction assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.


You are responsible for obtaining access to the Service and that access may involve Third Party fees (such as an Internet Service Provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.


ARTICLE 3. CHILDREN'S PRIVACY

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract minors under the legal age of 21. We do not intentionally collect Personal Information from/for any person we actually know is a minor under the legal age of 21.


ARTICLE 4. USE OF CONTENT

BottleJunction authorizes you to view or download a single copy of the material on the BottleJunction Site solely for your personal, non-commercial use if you include the following copyright notice:


"Copyright (c) 2010, BottleJunction, Inc. All rights reserved" and other copyright and proprietary rights notices, which were contained in the Content. Any special rules for the use of certain software and other items provided on the BottleJunction Site may be included elsewhere within the Site and are incorporated into these TOS by reference.


All Content is protected by copyright under both United States and foreign laws. Title to the Content remains with BottleJunction or its licensors. Any use of the Content not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice by the editorial discretion of BottleJunction. All rights not expressly granted herein are solely reserved to BottleJunction and its licensors.


If you violate any of these TOS, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.


ARTICLE 5. LIABILITY OF BottleJunction AND ITS LICENSORS

The use of the BottleJunction Site and the Content is at your own risk.


When using the BottleJunction Site, information will be transmitted over a medium that is beyond the control and jurisdiction of BottleJunction and its suppliers. Accordingly, BottleJunction assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BottleJunction Site.


The BottleJunction Site and the content are provided on an "AS IS" basis. BottleJunction, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, BottleJunction, its licensors, and its suppliers make no representations or warranties about the following:


1.The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the BottleJunction Site(s) or BottleJunction.


2.The satisfaction of government regulations requiring disclosure of information on prescription drug or other products with regard to the Content contained on the BottleJunction Site(s) or BottleJunction.


In no event shall BottleJunction, its licensors, its suppliers, or any Third Parties mentioned on the BottleJunction Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the BottleJunction Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BottleJunction is advised of the possibility of such damages. BottleJunction is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area (as defined below).


ARTICLE 6. USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant--or warrant that the owner of such content has expressly granted-- BottleJunction a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. BottleJunction may sublicense its rights through multiple tiers of sublicenses.


ARTICLE 7. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BottleJunction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BottleJunction has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


ARTICLE 8. BottleJunction PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see the BottleJunction Privacy Policy


ARTICLE 9. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive an Account and Password designation upon completing the Service's registration process. While in your possession, you are solely responsible for maintaining the confidentiality of the Account or Password, and are fully responsible for all activities that occur under your Account or Password. You agree to (i) immediately notify BottleJunction of any unauthorized use of your Account or Password or any other breach of security, and (ii) ensure that you exit from your Account(s) at the end of each session. BottleJunction cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.


ARTICLE 10. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BottleJunction, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BottleJunction does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BottleJunction be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.


You agree to not use the Service to:


1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


2.Impersonate any person or entity, including, but not limited to, a BottleJunction official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;


3. Forge HTTP headers or otherwise manipulate structures and identifiers in order to disguise the origin of any Content transmitted through the Service;


4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


5. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;


6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are explicitly designated for such purpose;


7.Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;


8. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;


9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;


10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission (SEC), any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;


11. "Stalk" or otherwise harass another; or


12. Collect or store personal data about other users.


You acknowledge that BottleJunction does not pre-screen Content, but that BottleJunction and its designees shall have the right (but not the obligation) in their sole discretion to refuse or (re)move any Content that is available via the Service. Without limiting the foregoing, BottleJunction and its designees shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BottleJunction or submitted to BottleJunction.


You acknowledge and agree that BottleJunction may preserve Content or may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these TOS; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of BottleJunction, its users and the public.


You understand that the technical processing and transmission of the Service, including your Content, may involve (i) transmissions over various public/private networks; or (ii) changes to conform or adapt to technical requirements of connecting public/private networks or devices.


ARTICLE 11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Public Internet, you agree to comply with all local rules regarding online conduct or acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


ARTICLE 12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

BottleJunction does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BottleJunction the following world-wide, royalty free and non-exclusive license, as applicable:


1. With respect to Content you submit or make available for inclusion on publicly accessible areas of BottleJunction, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific BottleJunction site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or BottleJunction removes such Content from the Service.


2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.


"Publicly accessible" areas of the Service are those areas of the BottleJunction that are intended by BottleJunction to be available to the general public. By way of example, publicly accessible areas of the Service would include all BottleJunction sites that are open to both members and visitors.


ARTICLE 13. INDEMNITY

You agree to indemnify and hold BottleJunction, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, or your violation of these TOS.


ARTICLE 14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


ARTICLE 15. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BottleJunction may establish general practices and limits concerning use of the Service, including without limitation: the maximum cumulative size of all stored email messages on the Service, the maximum cumulative number of emails stored on the Service, the maximum number of days that email messages that may reside on the Service before expiring, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message on the Service, the maximum size of any email attachment of any email message on the Service, the maximum disk space that will be allotted on the Service on your behalf, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, You agree that BottleJunction has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BottleJunction reserves the right to (and in fact will) disconnect accounts that are inactive for an extended or specific period of time. You further acknowledge that BottleJunction reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


ARTICLE 16. MODIFICATIONS TO SERVICE

BottleJunction reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BottleJunction shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service.


ARTICLE 17. TERMINATION

You agree that BottleJunction, in its sole discretion, may terminate your Password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BottleJunction believes that you have violated or acted inconsistently with the letter or spirit of these TOS. BottleJunction may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that BottleJunction may immediately deactivate or delete your Account and all related information and files in your Account or bar any further access to such files or the Service. Further, you agree that BottleJunction shall not be liable to you or any Third Party for any termination of your access to the Service.


ARTICLE 18. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and said advertiser. You agree that BottleJunction shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


ARTICLE 19. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BottleJunction has no control over such sites and resources, you acknowledge and agree that BottleJunction is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BottleJunction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.


ARTICLE 20. BottleJunction's PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BottleJunction or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.


ARTICLE 21. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BottleJunction EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


2. BottleJunction MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


4. NO ADVICE OR INFORMATION, WHETHER ORAL or WRITTEN, OBTAINED BY YOU FROM BottleJunction or THROUGH or FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.


ARTICLE 22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BottleJunction SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA or OTHER INTANGIBLE LOSSES (EVEN IF BottleJunction HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE or THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION or SERVICES PURCHASED or OBTAINED or MESSAGES RECEIVED or TRANSACTIONS ENTERED INTO THROUGH or FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO or ALTERATION OF YOUR TRANSMISSIONS or DATA; (iv) STATEMENTS or CONDUCT OF ANY THIRD PARTY ON THE SERVICE; or (v) ANY OTHER MATTER RELATING TO THE SERVICE.


ARTICLE 23. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES or THE LIMITATION or EXCLUSION OF LIABILITY FOR INCIDENTAL or CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.


ARTICLE 24. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service, please read the above Sections 17 and 18 again. The Service is provided for informational purposes only. BottleJunction and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.


ARTICLE 25. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Service.


ARTICLE 26. TRADEMARK INFORMATION

BottleJunction, BottleJunction logo(s), Product(s), Service(s) and Name(s), are trademarks and property of BottleJunction. Without BottleJunction's prior written permission, you agree not to display or use in any manner, the BottleJunction trademarks and property.


ARTICLE 27. COPYRIGHTS and COPYRIGHT AGENTS

BottleJunction respects the Intellectual Property Rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your Intellectual Property Rights have been otherwise violated, please provide BottleJunction's Copyright Agent the following information:


1. An electronic or physical signature of the person authorized to act on behalf of the owner of any or all Intellectual Property Rights or copyright;


2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;


3. A detailed written description of where the material that you claim is infringing is located on the Site or Service;


4. Your Name, address, telephone number, and email address;


5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;


6. Dispute of Website Name - Should a copyright infringement dispute arise from the use your Website Name, you are solely accountable for resolving said dispute with the Third Party.  BottleJunction carries no liability with regard to any such dispute. However, BottleJunction requires that you notify us (in a reasonable and timely manner) of any such dispute, ongoing or otherwise, by email at copyright.agent@BottleJunction.comUpon notification BottleJunction will de-activate any and all account(s) in question until full and satisfactory resolution of the matter.  BottleJunction requires reasonable proof of resolution in said matter before any and all account(s) are to be re-activated.


7.A written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property Owner or authorized to act on the copyright or Intellectual Property Owner's behalf.


BottleJunction's Agent for Notice of Claims or Copyright of other Intellectual Property infringement can be reached at:


Copyright Agent
c/o BottleJunction, Inc.
678 East 22nd Street


Brooklyn, NY 11210
By phone: (917) 880.7754
By email: copyright.agent@BottleJunction.com


ARTICLE 28. GENERAL INFORMATION

These TOS constitute the entire agreement between you and BottleJunction and govern your use of the Service, superseding any prior agreements between you and BottleJunction. You also may be subject to additional terms and conditions that may apply when you use Affiliate Services, Third Party content or Third Party software. These TOS and the relationship between you and BottleJunction shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BottleJunction agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. You and BottleJunction agree that the losing party will pay all attorney's fees. The failure of BottleJunction to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. Should any paragraph in this contract be found unenforceable, any such paragraph alone does not nullify the rest of the terms of this agreement.


The section titles in these TOS are for convenience only and have no legal or contractual effect.


ARTICLE 29. VIOLATIONS

Please report any violations of these Terms of Service to the BottleJunction customer service department.


Version 1.0 - December 1, 2009


Copyright 2010 BottleJunction, Inc. All rights reserved