Last updated: 05/22/10

Nirvino.com (the "Site" or "Nirvino") is owned and operated by Nirvino, LLC. Your continued use of this Site and the services it provides and constitutes your binding acceptance of these terms (the "Terms") and Nirvino's Privacy Policy and any modifications made.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

• Restrict, suspend, or terminate your access to all or any part of our Services
• Change, suspend, or discontinue all or any part of our Services
• Refuse, move, or remove any material that you submit to our sites for any reason
• Refuse, move, or remove any content that is available on our sites
• Deactivate or delete your accounts and all related information and files in your account
• Establish general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Posting and Transmitting Content

The Site consists of a mix of digital media and written content provided by Nirvino, our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through the Site. The following Content is prohibited:

• Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Nirvino written consent to do so
• Pornographic, sexually explicit or obscene Content
• Content that exploits children or minors
• Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 21 or that includes private, confidential information
• Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment
• Content promoting or providing instructional information about illegal or illicit activities
• Content that transmits or contains viruses, corrupted files, or any similar element

We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. We also reserve the right to terminate your access to the Site if you fail to abide by these Terms.

We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Site.

By utilizing the Site you agree to indemnify, defend and hold Nirvino and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Nirvino.com through your use of the Site or as a result of Content you submit or transmit through the Site in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.

Content Submission
By contributing or submitting any content to Nirvino, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Nirvino a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Nirvino, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Nirvino reserves the right to change, condense or delete any content on the Nirvino Network that Nirvino deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references addresses, email addresses, contact information or phone numbers;
• or that contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition, you agree to comply with Nirvino' Site Rules, which are deemed to be incorporated into this Agreement.

You retain all ownership rights to information, text, graphics, or other materials you publish on the Nirvino Network. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the Nirvino Network at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.

It is not a violation of the User Agreement to post your reviews to other sites.

Grant of License.
When you post or transmit Content on or through the Site you grant the Site and Nirvino.com, their affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by Nirvino.com or its affiliates or partners. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed.

We have the right, but not the obligation, to use your name, city and state in connection with any use of your Content.

Use of the Site and the Site Content
All of the Content available through the Site is protected by our copyrights or trademarks and the copyrights or trademarks of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by Nirvino.com as part of the services we provide.

You may not to use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access the Site and the Content through the interfaces provided by the Site. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.

You understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.

Limits on our Responsibilities
We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through the Site. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and the services provided is at your own risk.

Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of the Site or the services we provide or for any service failure or interruption, regardless of the cause.

Membership and Account Responsibility
Membership on the Site is available to anyone 21 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique username and password. The Site is not intended as a service for children and therefore persons under the age of 21 may not become a member. You must be a member in order to post messages in the community forum.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site.

We utilize email to communicate with our users about service-related matters. In addition, if you utilize a third-party service provided through the Site, that third party may need to email you regarding their service. We may also contact you via email to notify you about special offers available to Site members. By becoming a Site member you are consenting to the receipt of these communications.

The Site is an advertising supported Internet site. By becoming a Site member you consent to having your Content co-mingled with advertisements that appear on the Site or are incorporated into the services we provide.

Third-Party Sites, Products, and Services
The Site provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these third parties and we are not responsible for their activities.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Reporting Content Violations
If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright you can report such violation using the link that is provided on our Help page. In the case of a copyright violation please provide the following information:

* A description of the copyrighted work or other intellectual property that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the site (including the exact URL);
* An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not Nirvino, can contact you;
* A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
* A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
* Your electronic or physical signature.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content. You may also report a copyright violation by providing the above information to the Nirvino.com at the below email address:

info [at] nirvino [dot] com

Termination
You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Nirvino may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), (1) at their sole option, Nirvino and its licensees may continue or stop publicly displaying some or all of your content, and (2) all of your existing Nirvino Credits credits automatically expire, and no new credits will accrue.

Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF BIZABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Other Rules
You agree to comply with Nirvino' Site Rules, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of the Nirvino Network and publishing your content. You may not harvest personal data (including email addresses) from the Nirvino Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Nirvino has no obligation to monitor your access to or use of the Nirvino Network, but has the right to do so for the purpose of operating the Nirvino Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Nirvino Network or collect information from it.

Applicable Law
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking interim or preliminary relief or enforcement of an arbitration award.