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Privacy Policy
DrinkGuru ("drinkguru.com") has created this privacy policy to demonstrate our firm commitment to protecting your profile information and informing you about how we handle it. This privacy policy only applies to transactions and activities in which you engage ("Transactions"), and data gathered, on the drinkguru.com web site (the "Site") and does not apply to any other web site or offline point of contact between drinkguru.com, or any other company, and consumers. Please review this privacy policy periodically as we may modify it from time to time. This privacy policy was last revised on June 19, 2006. Each time you visit the Site or provide us with information, by doing so you are accepting the practices described in this privacy policy at that time. Your IP Address Like most websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you. Cookies Like most websites, the Site uses cookies to keep track of your activity on the Site and enhance your experience on the Site. We also use cookies to save your password so you do not have to re-enter it each time you visit the Site. Third parties that advertise on the Site may also place cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas or features of the Site. Information We Collect From You In order to operate the Site and provide you with information on products and services that may be of interest to you, we may collect profile information (limited to your zip code), and public information such as user ratings and reviews and a user name from you. Please note that nowhere on the Site do we knowingly collect profile information from children under the age of 13. The Site also provides you with the opportunity to save, in a personal account, establishment listings, event listings and other information you view on the Site. A collection of such listings and other information that is so saved in a personal account is referred to elsewhere in this privacy policy as "Saved Listings." How We Use Personal Information We use your profile information to help us optimize the Site, and to contact you in the event you have abused the terms of service in your use of the site. To process Transactions on the Site, we may share your profile information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose. Your profile information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy, of drinkguru.com. We may also disclose specific information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of drinkguru.com or other visitors to the Site. We also may disclose your profile information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. However, all of these parent, subsidiary and affiliated legal entities and businesses that receive your profile information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such profile information. Any third party with whom we are allowed to share your profile information is authorized to use your profile information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your profile information by them. Please read the information below under the heading "How We Use Public Information, Reviews, Ratings and User Names" to learn how we may make some of your profile information accessible to the public via the Site or via other means. How We Use Demographic Information and Saved Listings We use demographic information and Saved Listings to tailor the Site and communications to the interests of our users. We may share demographic information and Saved Listings with advertisers and other third parties ("Sponsors") so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share your profile information as described above, then the demographic information and Saved Listings that we provide to Sponsors may be linked to your profile information so that Sponsors will be able to know about your demographic information and will also know what your Saved Listings are. If you do not consent to have us share your profile information as described above, then we will only provide your demographic information and Saved Listings to Sponsors on an anonymous and aggregated basis. How We Use Public Information, Reviews, Ratings and User Names When you register on the Site, you must enter a user name. The Site provides you with the opportunity to give user reviews and ratings for restaurants, hotels, bars, events and other items. Your user name and public information may appear next to your user reviews and ratings as they are posted on the Site. Your user name and public information may also appear on a User Profile section of the Site. Please note that if you designate your email address as "public" information, then other Site visitors may see your email address and send you emails. We may also use and disclose your user name, public information and reviews and ratings in any other manner. To read further details about how we may use your user name, public information and reviews, see our "Reviews are owned by dcDrinkDeals". If you have any questions or concerns about this privacy policy, the practices of the Site, or your dealings with the Site, you can contact us at legal@drinkguru.com. Terms of Service The following are the rules ("Terms") that govern use of the drinkguru.com Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. drinkguru.com ("DrinkGuru") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Permitted Use You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by DrinkGuru. USE VOID WHERE PROHIBITED Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement. Registering with drinkguru.com In order to take advantage of certain features on the Site, you may be required to register with DrinkGuru. For example, you may be required to register with DrinkGuru if you want to set up a DrinkGuru account, where you can save your favorite establishment profiles, receive discount offerings or other information from DrinkGuru, or save your consumer reviews. You may also be required to register with DrinkGuru if you want to post consumer reviews of certain establishments or events in your community. DrinkGuru' use of any personal information that you provide to drinkguru.com during any registration process is governed by DrinkGuru' privacy policy. DrinkGuru Account If you register for a DrinkGuru account, you will be allowed to save and personalize DrinkGuru content, receive and view offers from businesses listed on the DrinkGuru system, and post ratings and reviews about DrinkGuru businesses and other user reviews. By having a DrinkGuru account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, DrinkGuru may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that DrinkGuru believes is appropriate. Posting Reviews on drinkguru.com DrinkGuru reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
Reviews and descriptions that are submitted to DrinkGuru shall be owned exclusively and in perpetuity by DrinkGuru. Such exclusive ownership means that DrinkGuru, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. DrinkGuru is under no obligation to give credit or pay any consideration to you for your Reviews. Offline Conduct Although DrinkGuru cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. DrinkGuru does intend that any information contained herein be used in the excessive consumption of alcohol. The data contained herein is for informational use only, and DrinkGuru does not warrant the information contained herein for any offline conduct undertaken by any persons; nor will DrinkGuru be liable for any damages of any type occurring as a result of use of information herein for offline conduct. Access and Interference You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of DrinkGuru. Unauthorized Use of the Site Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress. Children You may not use the Site if you are under thirteen (13) years of age. Violation of the Terms You agree that monetary damages may not provide a sufficient remedy to DrinkGuru for violations of these terms of use and you consent to injunctive or other equitable relief for such violations. DISCLAIMERS DrinkGuru DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DrinkGuru CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DrinkGuru DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DrinkGuru WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. DrinkGuru disclaims any and all liability for the acts, omissions, and conduct of any third-party users, DrinkGuru users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. DrinkGuru is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to DrinkGuru at legal@drinkguru.com. DrinkGuru may investigate the claim and take appropriate action, at its sole discretion. LIMITATION ON LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DrinkGuru BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF DrinkGuru HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity You agree to indemnify and hold DrinkGuru, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site. |