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Terms of Use

THIRSTYNEST TERMS AND CONDITIONS

Welcome to the Internet website of ThirstyNest.com which is owned by ThirstyNest, Inc. (“ThirstyNest”) and is provided by ThirstyNest and/or its subsidiaries and affiliates through the Wine Enthusiast Companies solely for your personal, non-commercial enjoyment. As you have no doubt experienced with virtually all Internet sites, your use of this ThirstyNest.com web site (the “Website” or “Site”) is subject to certain terms and conditions of use ("Terms and Conditions") set forth below. These Terms and Conditions are important for both you and us as they create a legally binding agreement between us.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.  THESE TERMS AND CONDITIONS MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT.  BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU USE THE SITE AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS, YOU AGREE TO ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM.  YOU SHOULD CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES.  IF AT ANY TIME YOU CHOOSE NOT TO AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED BY THIS SITE.

Article I. User Conduct

The Website, email distribution and any communications service, including the capability to contribute content or ideas by email or by use of a contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Website and the Services you agree: (a) to provide true, accurate, current and complete information as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, ThirstyNest reserves the right, in its sole discretion, to terminate your subscription and refuse any and all current or future use of the Services. The provisions of Sections IV, V, X, XI, XII, XIII, XV and XVII will survive termination of your use of the Website or the Services.

Without limitation of the foregoing, you agree to not use the Website or Services to:

  1. Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Posted Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful or contains explicit or graphic descriptions or accounts of sexual acts;
  2. "Stalk" another;
  3. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Posted Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Harm minors in any way;
  5. Impersonate any person or entity, including, but not limited to, a ThirstyNest employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
  7. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Posted Content that you do not have a right to transmit 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);
  8. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  9. Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  10. Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  11. Act in a manner that negatively affects other users' ability to engage in the Web Site or the Services;
  12. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or the Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
  13. 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; or
  14. Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that ThirstyNest is not responsible for Posted Content submitted to ThirstyNest or posted to the Website by you or others. ThirstyNest does not pre-screen, monitor, review or edit the Content posted by users. However, ThirstyNest and its designees have the right (but not the obligation), at their sole discretion, to refuse or remove any Posted Content, in whole or in part, that, in the judgment of ThirstyNest or its designees, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. ThirstyNest and its designees are not responsible for any failure, non-failure or delay in removing such Posted Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Posted Content, including any Contribution or part thereof, or other communication to ThirstyNest by you. You agree to immediately notify ThirstyNest of any unauthorized use of the Service or any other breach of security known or suspected by you.

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

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that ThirstyNest is not liable for any and all changes or deletions or failure to store postings, Contributions or other information submitted or posted by you or other users to ThirstyNest.com.

ThirstyNest reserves the right, in its sole discretion, periodically to purge Posted Content. You acknowledge and agree that Posted Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Posted Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by ThirstyNest or submitted to ThirstyNest, including Posted Content. You further acknowledge and agree that views expressed on the Website do not necessarily reflect the views of ThirstyNest, or its designees and ThirstyNest does not support or endorse any Posted Content (including any Contribution, whether or not edited by ThirstyNest or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any other user.

Article II. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access password protected and/or secure areas of the Website may be subject to prosecution. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Accordingly, we strongly recommend that you exit from your account at the end of each session. You agree immediately to notify ThirstyNest of any unauthorized use of your account or any other breach of security.

Article III. Restrictions on Use of Material

The Posted Content on this Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade, barter or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Posted Content of the Website. The publication, display or commercially exploitation of any Posted Content from the Website by you requires the prior written consent from ThirstyNest (and the prior written consent of all other parties with an interest in the relevant intellectual property). To seek ThirstyNest’s permission, you may write to ThirstyNest at the address provided below. It is your responsibility to obtain the written permission of all other parties with an interest in the relevant intellectual property. If permission is granted by ThirstyNest and by all other parties with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice contained on such Posted Content.

You must abide by all additional copyright notices or other restrictions contained on the Website.

Article IV. Unsolicited Materials

In operating this Site, ThirstyNest does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or ThirstyNest mail and email addresses, or in any other way. Any information or material submitted or sent to ThirstyNest, will be deemed not to be confidential or secret. By submitting or sending information or other material to ThirstyNest, you represent and warrant that the information is original to you and that no other party has any rights to the material.

Article V. User's Grant of Limited License

By communicating with ThirstyNest, including submitting or sending Posted Content, a Contribution or other information or material to ThirstyNest, you grant ThirstyNest a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posted Content (in whole or in part), including any information, suggestions, ideas, drawings or concepts contained in such Posted Content, worldwide and/or to incorporate such Posted Content, Contribution or other information or material in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a ThirstyNest or Website feature. You remain responsible for the accuracy, copyright compliance with, legality, decency, or any other aspect of such Posted Content, Contribution or other information or submitted material to ThirstyNest, including any portion thereof.

You also warrant that any "moral rights" in any such Posted Content, Contribution or other information or submitted material to ThirstyNest has been waived.

Article VI. Linked Sites

This Website and the provided Services may contain links to third party websites ("Linked Sites"). Linked Sites are not, however, reviewed, controlled, or examined by ThirstyNest in any way and ThirstyNest is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply ThirstyNest's endorsement of, or association with, the Linked Sites. It is your sole responsibility to comply with the appropriate terms of use of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall ThirstyNest be liable, directly or indirectly, to you or any other party for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through such Linked Sites. You should direct any concerns to the appropriate Linked Site administrator or webmaster. ThirstyNest reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

Permission must be granted by ThirstyNest for any type of link to the Website or any ThirstyNest content. To seek permission, you may write to ThirstyNest at the address listed below. However, ThirstyNest reserves the right, in its sole discretion and at any time, to rescind any permission granted by it to link through any type of link, and to require termination of any such link to the Website.

Article VII. Contests, Promotions, Simulations or Games

From time to time, ThirstyNest may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, "Promotions"). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of ThirstyNest. Registered users (each, a "Registered User" and collectively, the “Registered Users”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. ThirstyNest, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release ThirstyNest and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the Web Site. ThirstyNest is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Promotion is conducted, is subject to immediate disqualification and revocation of the Registered User’s registration. ThirstyNest is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with respect to such Promotion.

ThirstyNest reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

Article VIII. Alcoholic Beverages

All alcoholic products offered through ThirstyNest.com are sold by third party licensed sellers (“Merchants”) selected by ThirstyNest, and shall be the seller of record. ThirstyNest does not sell alcoholic beverages, nor hold any licenses to sell alcoholic beverages. Wine products offered through ThirstyNest are sold through WineExpress.com (“Wine Express”) all shipments will originate from Wine Express. Liquor products offered through ThirstyNest are sold through MashandGrape.com (“Mash + Grape”) and all shipments of liquor products will originate from Mash + Grape pursuant to its shipping terms. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. ThirstyNest is not a party to the transactions entered into between you and Merchants. ThirstyNest will send your order request to the relevant Merchant. The Merchant will review your order request, and may accept or reject your order. If accepted, your payment will be processed and your order will be shipped per these Terms and Conditions, and per any Merchant policies. The Merchant may reject the order request for any reason, including, but not limited to: inadequate inventory, errors in pricing, compliance with any applicable laws and regulations, or any reason stated in Merchant’s policies. Merchants are solely responsible for how they use credit card information and any other information they independently acquire from you or about you. ThirstyNest reserves the right change Merchants of alcoholic products from time to time. Absolutely no alcohol product shall be sold to persons under the age of 21 and the common carrier which delivers the alcohol products ordered will require age verification upon delivery. By ordering alcohol using the Website you represent that you are at least 21 years of age and that the alcohol you order is intended for personal consumption only and will not be resold.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  THIRSTYNEST IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. YOU MUST CONSULT THE MERCHANTS’ WEBSITE FOR ADDITIONAL TERMS, CONDITIONS, OR POLICIES THAT MAY APPLY TO YOUR RELATIONSHIP WITH AND YOUR PURCHASE FROM MERCHANTS. SUBMITTING AN ORDER REQUEST THROUGH THIRSTYNEST CONSTITUTES YOUR AGREEMENT TO ANY AND ALL APPLICABLE MERCHANT POLICIES.

Article IX. Intellectual Property Rights

The Site, including all Posted Content and any of the Site’s information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is ThirstyNest property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms and Conditions, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ThirtyNest. ThirstyNest grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and Services contained on the Site. ThirstyNest reserves the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Posted Content, products and Services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and ThirstyNest will not be liable to you or to any third party for doing so. ThirstyNest may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. ThirstyNest has the right to change these rules and/or limitations at any time, in its sole discretion.

As between you and ThirstyNest, (or any other company whose marks appear on the Site), ThirstyNest (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The ThirstyNest logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ThirstyNest Intellectual Property”) are owned by ThirstyNest and may be registered in the United States and internationally. You agree not to display or use the ThirstyNest Intellectual Property in any manner without ThirstyNest's prior permission. Nothing on the Site should be construed to grant any license or right to use any ThirstyNest Intellectual Property without the prior written consent of ThirstyNest.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by ThirstyNest. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by ThirstyNest. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using this Website to the extent necessary to make a copy of any order.

Article X. Parental Permission

The Website is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. ThirstyNest may, at its discretion, require users to be over 21 to view certain content, and ThirstyNest may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. ThirstyNest does not sponsor or endorse any of these companies or their services.

Article XI. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Article XII. Disclaimer Of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THIRSTYNEST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. THIRSTYNEST DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THIRSTYNEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR SERVICES. YOU (AND NOT THIRSTYNEST OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Article XIII. Limitation Of Liability

IN NO EVENT WILL THIRSTYNEST, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, MERCHANTS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF THIRSTYNEST OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIRSTYNEST'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Article XIV. Indemnification

Upon a request by ThirstyNest, you agree to defend, indemnify and hold ThirstyNest, its affiliates, officers, directors, members and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Posted Content or other materials by you or users authorized by you or any violation of these Terms and Conditions or the rights of a third party by you. ThirstyNest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ThirstyNest in asserting any available defense.

Article XV. Copyrights

ThirstyNest respects the intellectual property rights of others, and requires that the people who use the Website and Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address listed below:

  1. Your username, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located;
  4. A 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;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ThirstyNest, Inc.
℅ Wine Enthusiast Companies
200 Summit Lake Drive
Valhalla, NY 10595

ThirstyNest@gmail.com

Article XVI. Applicable Laws / Jurisdiction

Any disputes arising out of or relating to these Terms and Conditions, Privacy Policy, use of the Site, the products sold on the Site, and the services offered via the Site shall be resolved in accordance with the laws of State of New York, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the Federal or state courts of the state of New York and you irrevocably consent to the exclusive jurisdiction and venue of such courts. ThirstyNest makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

Any inquiries concerning these terms and conditions of use should be directed to info@ThirstyNest.com.

Article XVII. Unlawful Activity

ThirstyNest reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Article XVIII. Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Article XIX. Entire Agreement

These Terms and Conditions (including the Privacy Policy), as modified from time to time, constitute the entire agreement between you and ThirstyNest with respect to the subject matter hereof.  These Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

Article XX. Assignment

These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties.  ThirstyNest may assign these Terms and Conditions in whole or in part at any time without your consent.  You may not assign these Terms and Conditions or delegate any of your obligations hereunder.

If you have any questions about this policy or our site in general, please contact us at hello@thirstynest.com.  

Thank you for taking the time and interest to review our policies at ThirstyNest. Please continue to enjoy the information we bring you.

Cheers,

ThirstyNest

Last Updated: February, 2nd 2017