WEBSITE CONTENT SUBMISSION TERMS AND CONDITIONS

These terms and conditions constitute an agreement between you and Vineyard Vines, LLC (“vineyard vines”) and govern your use of the website vineyardvines.com (the "Website") and your submission (a "Submission") of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information (the "Content"), for use on the Website as set forth below.

By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. vineyard vines reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be thirteen (13) years of age or older in order to submit Content.

ARTICLE 1. GRANT OF RIGHTS

1.1 By making a Submission of Content, you hereby grant to vineyard vines, its subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to vineyard vines, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, vineyard vines, and its products and services.

1.2 vineyard vines shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that vineyard vines deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.

ARTICLE 2. RIGHT TO REMOVE

2.1 vineyard vines shall have no obligation (express or implied) to post or otherwise use your Submission and vineyard vines may at any time remove your Submission at any time and for any reason without prior notice.

2.2 In addition, vineyard vines shall have the right to prevent any person from using this Website at vineyard vines’s sole discretion.

ARTICLE 3. REPRESENTATIONS AND WARRANTIES

You represent and warrant to vineyard vines as follows:

3.1.1 You are thirteen (13) years of age or older;

3.1.2 You have fully complied with all rules, terms and conditions contained in these Terms and Conditions;

3.1.3 The statements you make or stories you tell in the Submission as well as any other information you provide to vineyard vines are true and correct;

3.1.4 You have secured all rights from all other persons who appear in the Submission necessary to allow you to grant to vineyard vines all rights of such other persons in the Submission;

3.1.5 You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third- party materials necessary to allow you to grant to vineyard vines the rights in the third- party materials as detailed in the paragraph above, captioned "Grant of Rights";

3.1.6 You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by vineyard vines will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.

3.1.7 In addition, the Submission does not contain any content:

(a) That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;

(b) That promotes hatred or physical harm of any kind against any group or individual;

(c) That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;

(d) That promotes illegal activity; or

(e) That contains any advertising or other commercial content.

ARTICLE 4. USER GENERATED CONTENT

4.1 You understand and agree that when using the Website, you may be exposed to content posted or submitted by users (collectively, "User Generated Content"), and that vineyard vines is not in any manner responsible for the User Generated Content, and that vineyard vines does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that vineyard vines cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.

4.2 You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, vineyard vines is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.

4.3 Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of vineyard vines or its affiliated or related entities or content providers.

ARTICLE 5. INDEMNIFICATION

5.1 You hereby agree to defend, indemnify and hold Vineyard Vines, its subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by vineyard vines and any breach or alleged breach of any of your warranties, representations or agreements hereunder.