Terms and Conditions
The Wine Feed, LLC Website
Welcome to the website of The Wine Feed, LLC (“The Wine Feed”). Please review these Terms and Conditions of Use (“Terms”). Your access and use of this website (“Site”) constitute your consent to the Terms and your agreement to be legally bound by them. There may be additional or different terms and conditions stated elsewhere on the Site that apply to your access and use of the Site. Unless otherwise stated in these Terms, any reference to “The Wine Feed” refers to The Wine Feed, LLC and all of its affiliates.
The Wine Feed may modify these Terms at any time, and those modified Terms will become effective immediately after The Wine Feed posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to these Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms will constitute breach of contract and may violate The Wine Feed’ copyright, trademark, and other proprietary and intellectual property rights.
TRANSMISSION OF INFORMATION AND OTHER MATERIALS VIA THE SITE
The Wine Feed welcomes your comments and suggestions about the Site and The Wine Feed’s services, but The Wine Feed does not wish for you to send any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to The Wine Feed via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Further, The Wine Feed will own all Information you submit to it via the Site, and by submitting the Information to The Wine Feed, you assign to The Wine Feed all worldwide rights, title and interest in and to that Information. The Wine Feed will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. The Wine Feed may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.
You are prohibited from posting on or transmitting to the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
The Site is not intended for anyone under the age of 21. The Wine Feed will not knowingly collect personally identifiable information via the Site from visitors in this age group and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
1. Copyright. The Wine Feed owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. Absent The Wine Feed’ express written permission as to particular Content on the Site, you may use the Content only for limited personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without The Wine Feed’ prior written consent. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
2. Trademarks. The Wine Feed or its affiliates own or license all trademarks, service marks, and trade names on the Site, including “THE WINE FEED,” unless stated otherwise on the Site. You may not use these marks without The Wine Feed’ prior express written permission. The Wine Feed grants a limited license to print media publishers only to use the trademarks and service marks found on the Site solely for the purpose of illustrating an article.
3. Rights of User. Except as expressly provided above, The Wine Feed is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of The Wine Feed, its affiliates, or any third party. You obtain no rights in the products, services, processes, or technology described on this Site by accessing or using the Site. The Wine Feed and its affiliates, and all third party owners, retain all of those rights.
4. Copyright Infringement Claims. If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on The Wine Feed actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to: The Wine Feed, LLC, 602 Glenwood Avenue, Raleigh, NC 27603.
MODIFICATION OF THE SITE
The Wine Feed reserves the right to modify, suspend, discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that The Wine Feed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. The Wine Feed may change the information and materials on the Site from time to time at its discretion.
REFERENCES TO OTHER COMPANIES/LINKS TO OTHER WEBSITES
DISCLAIMERS OF WARRANTIES
The Wine Feed disclaims all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. The Wine Feed disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. The Wine Feed does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. The Wine Feed and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interrupts, or losses, including loss of data.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. THE WINE FEED DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL THE WINE FEED, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM THE WINE FEED, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
You agree to indemnify and hold harmless The Wine Feed and its affiliates from all claims relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, or (c) your violation of any rights of any other company or person in connection with this Site.
THE SALE OF ALCOHOLIC BEVERAGES
The Wine Feed does not sell alcohol to persons under the age of 21, and you may not place orders for alcohol using the Site if you are under the age of 21. Your placing an order using the Site constitutes your legal affirmation and sworn acknowledgement that you are over the age of 21. You also agree that any alcohol purchased from The Wine Feed is intended for personal consumption and not for commercial resale or for distribution to individuals under the age of 21. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, The Wine Feed may prosecute you to the fullest extent permitted by law.
When you visit the Site or send e-mails to The Wine Feed, you are communicating with The Wine Feed electronically. You consent to receive communications from The Wine Feed electronically. The Wine Feed will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that The Wine Feed provides to you electronically satisfy any legal requirement that such communications be in writing.
COMPLIANCE WITH LAW
By placing an order on the Site, you are representing and warranting to The Wine Feed that (a) you are compliant with all applicable laws and regulations, (b) you are legally authorized to take possession of the wine you ordered, in the quantities you ordered. You agree to indemnify and hold harmless The Wine Feed for any fines, costs, liability, or expenses (including attorney’s fees) arising out of your breach of the foregoing sentence.
PARENTAL CONTROL PROTECTIONS
In accordance with the Communications Decency Act of 1996, The Wine Feed hereby notifies you that parental control protections are commercially available that may assist you in limiting access to portions of the Site that may be inappropriate for minors.
If you set up an account on the Site, 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. The Wine Feed reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
MISPRICED PRODUCTS OR SERVICES
The Wine Feed shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, or refund, or containing any other incorrect information or typographical errors, whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, The Wine Feed shall promptly issue a credit to your credit card account in the amount of the charge.
The Wine Feed shall be excused from its obligations under these Terms if The Wine Feed is prevented, forbidden, or delayed from performing any act or obligation under these Terms due to a reason outside of its reasonable control, including, without limitation, any act of God, emergency condition, war, computer or telecommunications failure, supply scarcity, or change in applicable law.
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in North Carolina state courts or the United States District Court for the Eastern District of North Carolina. The Wine Feed and you consent to the jurisdiction and venue of those courts.
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. The Wine Feed’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.