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This user agreement specifies the terms and conditions under which COSBERT.COM and RBSNW (Rare Bottle Seekers Network) agree to provide you with access to the Site. If you want to access the Site to use the Free Advertising Bottle Exchange, to review our glass, bottle and related information and images or use the other services we provide (collectively, "Services") you must accept this user agreement ("Agreement") in its entirety, including all of its terms and conditions. We may amend this Agreement at any time by posting the amended terms and conditions on the Site. Unless otherwise indicated, all amended terms shall automatically be effective fourteen (14) days after they are initially posted on the Site, and your continued use of our Services indicates your acceptance of the amended terms. You are responsible for reviewing and becoming familiar with any changes. This agreement was last revised on April 12, 2001.

User Conduct

You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. You may not use our Services to engage in fraud or other illegal activity, or to infringe the intellectual property rights of others. You acknowledge that it is COSBERT.COM policy, in appropriate circumstances, to terminate the provision of Services to parties who engage in fraud or repeatedly infringe the intellectual property rights of others. You agree to comply with the terms and conditions of all agreements you have with third parties, including providers of list marketing services, as such terms and conditions relate to use of the Services including, without limitation, terms and conditions related to types of items that may be sold or restrictions on concurrent sales. 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 or any transaction conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information (except for Your Materials) from the Site without the prior expressed written permission of COSBERT.COM or the appropriate third party. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Site.

COSBERT.COM makes every effort to ensure the accuracy of published information on their website and does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any item published on COSBERT.COM's website.

Your Materials

"Your Materials" is defined as any information, data, text, graphics, photographs, images or other materials you provide (directly or indirectly) to us or other users of the Services. For example, Your Materials include information you submit to list marketing services that we obtain via the Services (such as, list marketing services and email addresses). You are solely responsible for Your Materials, and we act as a passive means for your online storage, distribution and publication of Your Materials. Your Materials (or any items included therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, deceptive practices, or securities transactions); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene, contain child pornography; and (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not violate the terms and conditions of any agreements you have with third parties, including providers of list marketing services, as such terms and conditions relate to your use of the Services; (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. By entering into this Agreement and providing Your Materials to COSBERT.COM, you grant COSBERT.COM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right (including a waiver of any applicable moral rights) to exercise the copyright and publicity rights you have in Your Materials, in any existing or future media now known or not currently known, solely for purposes related to providing the Services ("License"). You represent and warrant that you have the authority to grant the License and that the holder of any intellectual property or other proprietary rights in Your Materials has licensed, assigned or waived such holder's rights to the extent necessary to grant the License. Any communications or materials you transmit to COSBERT.COM by electronic mail or otherwise or post in a public area of the Site may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we, and our affiliates, are free to use any ideas, concepts, know-how or techniques contained in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. COSBERT.COM reserves the right to access, monitor, remove, or disable access to any of Your Materials at any time in its sole discretion. COSBERT.COM and Third-Party Intellectual Property. Other than Your Materials, all content included or available on the Site, such as advertisements, text, graphics, logos, button icons, images, audio clips and software, is the property of COSBERT.COM and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of COSBERT.COM and/or its licensors and is protected by copyrights or other intellectual and proprietary rights. All software used on the Site is the property of COSBERT.COM and/or its software suppliers and is protected by copyrights, patents or other intellectual and proprietary rights. Subject to the terms and conditions of this Agreement, COSBERT.COM grants a limited license to you to make personal use of the Site and the Services only for their intended purposes. This license expressly excludes any resale of the Site and the Services, making any derivative of the Site or the Services, the collection and use of other users' email addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials. You may not repost or otherwise reuse advertisements that you create using the Services other than through the Site. COSBERT.COM retains all right, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You shall only use COSBERT.COM Marks with the express permission of COSBERT.COM and then only in the manner authorized. Under no circumstances may you alter, modify, or change COSBERT.COM Marks.

Suspension and Termination.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site and Services if you breach any of the terms of this Agreement or if you take any actions that may cause legal liability for you, our users, or us. In the event COSBERT.COM suspends or terminates your access to the Site or Services, you acknowledge that you may be denied any further access to Your Materials.

COSBERT.COM is committed to protecting your privacy and we will only use and disclose Your Materials in accordance with our then current Privacy Policy which is incorporated herein by reference.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COSBERT.COM AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. COSBERT.COM AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COSBERT.COM OR OUR SUPPLIERS. UNDER NO CIRCUMSTANCES WILL COSBERT.COM OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, FILES, PROFIT OR GOODWILL, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. THE AGGREGATE LIABILITY OF COSBERT.COM AND OUR SUPPLIERS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).

You hereby agree to, at your own expense, indemnity, defend and hold COSBERT.COM and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to the Site; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against COSBERT.COM arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or COSBERT.COM provision, of the Services or use of your account by any third party. COSBERT.COM will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on COSBERT.COM behalf without the prior written consent of COSBERT.COM.

Notwithstanding the notice provisions above, you may terminate this Agreement at any time by sending an email to agree@COSBERT.COM. COSBERT.COM, in its sole discretion, may terminate this Agreement or suspend or terminate your access to the Site or the Services immediately without notice for any reason including, without limitation, for your infringement of the intellectual property rights of others. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity and the general provisions.

This Agreement is not assignable, transferable or sublicensable by you without COSBERT.COM prior written consent, and any such conveyance shall be null and void. COSBERT.COM may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the United Kingdom courts having within their jurisdiction the location of COSBERT.COM principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree and acknowledge that you are not entering into this agreement in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between this Agreement and any document incorporated by reference into this Agreement, the terms of this Agreement shall control.