Terms of Use

Welcome to the Internet site of WineShopper ("WineShopper"). WineShopper is operated by Wine.com, Inc., and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE NOTE THAT YOUR USE OF THE WINESHOPPER SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF USE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WINESHOPPER SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINESHOPPER SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF USE MAY BE UPDATED BY WINESHOPPER FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WINESHOPPER SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF USE.

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User Obligations

You agree not to do any of the following while using the WineShopper Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the WineShopper Site or WineShopper's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the WineShopper Site except as permitted in writing by WineShopper.
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The Sale of Alcoholic Beverages

WineShopper does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. WineShopper makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from WineShopper is over the age of 21. You also agree that any alcohol purchased from WineShopper is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 WineShopper will prosecute you fully to the extent allowable by law.

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Title and Ownership

Title to, and ownership of, all wine passes from WineShopper to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, WineShopper is providing a service to, and acting on behalf of the purchaser. By utilizing this service from WineShopper, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

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Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this WineShopper Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of WineShopper. WineShopper neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this WineShopper Site by anyone other than authorized WineShopper employees acting in their official capacities.

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Parental Control Protections

As required by the Communications Decency Act of 1996, WineShopper hereby notifies you that 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. WineShopper does not sponsor or endorse any of these companies or their services.

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Links

The WineShopper Site may contain links to other web sites or resources. You acknowledge and agree that WineShopper is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the WineShopper Site does not imply that WineShopper endorses the linked site.

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Protection of Content Provided by WineShopper and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the WineShopper Site ("Site Content") are copyrighted materials owned by or licensed to WineShopper. The Site Content may contain trademarks, service marks and trade names, which are owned by WineShopper and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by WineShopper, its affiliates, or third parties. "WineShopper" is a trademark of Wine.com. Unless authorized in writing by an officer of WineShopper, or Wine.com, WineShopper's trademarks may not be used in connection with any product or service that is not WineShopper's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WineShopper. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of WineShopper or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the WineShopper Site. Nothing contained in the WineShopper Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of WineShopper, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to WineShopper, its affiliates, and/or any third party, as applicable.

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Copyrights and Designated Agent For Notification of Claims of Infringement

WineShopper respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WineShopper's Designated Agent the following information:

  1. WineShopper's Policy Concerning Claims of Infringement
    1. Written Notice of Copyright Claims.

      Claims of infringement should be in writing and should be directed to WineShopper's designated agent as specified below. Please include the following information:

      1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the site;
      4. Your address, telephone number, and email address;
      5. 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;
      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.
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Notices

WINESHOPPER will give you any necessary notices by posting them on the WineShopper Site. You authorize WINESHOPPER to send notices via electronic mail as well if WINESHOPPER decides, in its sole discretion, to do so. You agree to check the WineShopper Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the WineShopper Site.

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Disclaimer of Warranties

ALTHOUGH WINESHOPPER ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WINESHOPPER SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WINESHOPPER SITE. WINESHOPPER DOES NOT WARRANT THAT YOUR USE OF THE WINESHOPPER SITE, OR THE OPERATION OR FUNCTION OF THE WINESHOPPER SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE WINESHOPPER SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. WINESHOPPER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WINESHOPPER SITE. THE WINESHOPPER SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

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Limitation of Liability

IN NO EVENT SHALL WINESHOPPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WINESHOPPER SITE, THE USE OR PERFORMANCE OF THE WINESHOPPER SITE, THE DELAY OR INABILITY TO USE THE WINESHOPPER SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINESHOPPER SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINESHOPPER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINESHOPPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINESHOPPER SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINESHOPPER SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINESHOPPER'S LIABILITY OR YOUR REMEDIES.

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Privacy Policy

Your use of the WineShopper Site is governed by the WineShopper Privacy Policy.

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Termination of your WineShopper Account

WineShopper may terminate your WineShopper Account with or without cause at any time effective immediately.

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Account Maintenance Fee

For any account that has been inactive for twelve consecutive months, WineShopper reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity WineShopper will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.

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Force Majeure

WineShopper shall be excused from performance under this Terms of Use if WineShopper is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of WineShopper.

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Survival

The following provisions shall survive any termination of these Terms of Use: No Warranty from WineShopper, Limitation of Liability, Indemnity and General Provisions.

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General Provisions

You agree that WineShopper and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the WineShopper Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of WineShopper to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WineShopper in writing. The Terms of Use, along with the WineShopper Privacy Policy, comprises the entire agreement between you and WineShopper and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of WineShopper. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of WineShopper shall be null and void. These Terms of Use will inure to the benefit of WineShopper's successors, assigns, and licensors. The paragraph headings in these Terms of Use, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Use. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

If you have any questions about these Terms of Use, please contact us at privacy@wineshopper.com

The Terms of Use were updated May 6, 2010.

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