Acceptable Use Policy for the APOTHIC RED website

Updated April 8, 2010

Introduction

This Acceptable Use Policy ("AUP") encourages the responsible use of the APOTHIC RED ("APOTHIC RED" "us" or "we") website and any features and functionality made available through the APOTHIC RED website (“Site”). This AUP is incorporated by reference into the Terms of Use for our Site. Capitalized terms not defined in this AUP will have the meanings set forth in the Terms of Use. The purpose of this AUP is to delineate the type of actions and content that are contrary to our mission and philosophies as well as to ensure that your use of our Site is in compliance with applicable laws, rules and regulations.

Prohibited Use and Content

In general, while using the Site you may not take any action (including the posting of any content) that at the sole discretion of APOTHIC RED is contrary to our advertising and marketing philosophies and practices, or otherwise contradicts applicable laws, rules, and regulations.

The following list includes examples of content and actions we prohibit on our Site. Please review this list carefully. You are required to strictly adhere to these prohibitions and your failure to do so could result in, among other things, suspension of your Membership rights for the Site and/or legal and financial liability. Therefore, actions you take, including posting of content, on this Site shall not:

1. Offend Generally Accepted Standards of Public Decency and Respect of Others. For example, the content must not:

• Contain derogatory references towards race, sexual preference, gender, minorities, or religious affiliations;
• Promote bigotry, hatred or physical harm of any kind against any group or individual;
• Harass or advocate harassment of another person, including using any information obtained through the Site to harm or abuse another person or entity;
• Contain nudity, sexually explicit content, violence, abuse, or offensive subject matter;
• Contain a link to an adult website or any website with an audience demographic of less than 70% above the legal drinking age;
• Use profanity or vulgar language;
• Promote, depict, or feature criminal or illegal activities, drug use, drug dealing, gambling, theft, fraud, or conduct that is abusive, threatening, or obscene.

2. Use Unacceptable Depictions or Portrayals of Alcohol. For example, the content must not:

• Feature, communicates with, or solicits anyone under the applicable legal drinking age;
• Promote, poke fun at, or display excessive or binge drinking;
• Feature consumption of alcohol by underage people or pregnant women;
• Exhibit a person operating any motorized vehicle during or after consuming alcohol, or participating in any activity requiring a high degree of alertness or physical coordination;
• Contain items with significant underage appeal;
• Showcase opinions on potential benefits of alcohol.

3. Infringe Intellectual Property, Publicity and Privacy Rights of Others. For example, the content must not:

• Constitute or promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files;
• Involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
• Publicly post information that poses a privacy or security risk to any person;
• Contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• Further or promote any criminal activity or enterprise or provides instructional information about illegal activities such as violating someone's privacy, or creating or transmitting computer viruses;
• Solicit passwords or personal identifying information for commercial or unlawful purposes from others;
• Include a photograph or video of another person posted without that person's consent. All photographs or videos require signed authorization from the individuals pictured or recorded;
• Violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• Make derogatory references towards APOTHIC RED, E. & J. Gallo Winery and its products, competitor’s company or products, any individual, company, or Apothic Red;
• Incorporate trademarked material (company names, sports teams, TV shows, movies, celebrities, songs, works of art, recipes, etc);
• Include or invokes celebrity names or photographs;
• Result in or encourages (a) use of the account, username, or password of another user at any time, (b) disclosure of your password to any third party, or (c) any third party to access your account;
• Impersonate or attempt to impersonate another user, person or entity;includes any promotion or endorsement, whether intentional or implied, of any product, software, or application;
• Have the effect of selling or otherwise transferring your profile;
• Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this Site or otherwise permit the unauthorized use of or access to a computer or a computer network.

4. Infringe on Other Rights. For example, content shall not:

• Result in displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
• Constitute or promote information that you know is false or misleading;
• Involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising;
• Contain information regarding APOTHIC RED events unapproved by APOTHIC RED and their Compliance Department, including disclosure of retail locations of events;
• Incorporate political affiliations, the armed forces, or any country’s flag, crest, seal, coat of arms, or other insignia; or
• Be otherwise inconsistent with any and all applicable laws and regulations.

Modifications to this Acceptable Use Policy

We may amend or terminate this AUP at any time and such amendment or termination will be effective at the time we post the revised AUP on the Site. Each time you use the Site you should visit and review the then current AUP for this Site. Your continued use of the Site after we have posted revised AUP signifies your acceptance of such revised terms.