Effective Date: May 1, 2015
Welcome to Taste Wine, a unique service which allows you to sample and purchase wines that meet your individual taste criteria. The application, website and service described herein (collectively the “Service”) are provided by the Taste Wine LLC, a New York Limited Liability Company.
1. Description of Service
Our Service provides you with a unique tool to buy wine the right way. By using our Taste Test feature, you can identify your preferences and be better positioned to find those wines best suited to your unique tastes. Our Service also allows you the opportunity to review wines you have tasted, which allows us to make even better recommendations for you in the future. With our Service, you simply choose a search or filter option to find the wines you are looking for. Our Service also supports tasting wine from wine dispensing machines at various Taste Wine locations.
You may browse our site and view our content without registering, but as a condition to using the Service, you are required to create an account by registering with us directly, or through a third party social media account. In that registration process, we require that you provide certain information, such as your full name and email address, date of birth, gender (optional), address (when requesting delivery), payment card information (optional if which to purchase through app), and that you create a unique password. To sign up for an account, you must be at least 21 years of age.
You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene.
Taste Wine does not sell wine to persons under the age of 21. By using this Service you swear and affirm that you are over the age of 21, and acknowledge that the person receiving a shipment of our wines is over the age of 21. We make every effort to ensure that our wines are not delivered to anyone who is under the age of 21.
By using our Service, you also agree that any wines purchased from us are intended only for personal consumption and not for resale. If you do not agree with these conditions, please do not use this Service. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 we will prosecute you to the fullest extent allowable by law.
As required by the Communications Decency Act of 1996, we hereby notify 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.
4. Application License Terms
Our application is designed for devices using the iOS and Android mobile operating platforms. The iOS application may be downloaded from the App Store, which is operated and owned by Apple Inc.; the Android application may be downloaded from Google Play, which is owned and operated by Google Inc. Please note that it is your responsibility to ensure your mobile device meets all of the necessary technical specifications to enable you to access and use our application. The application will be provided to you in machine-readable object code only.
We grant to you a limited, non-exclusive, non-transferable license to use the application solely for your own personal use and not for resale, further distribution, or to render any commercial services. You are not allowed to transfer, assign, sub-license, sell, lease, rent or otherwise distribute the application or any part of it. In no event shall your use include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the application. Any attempt to do so is a violation of the rights of Taste Wine and its licensors. If you breach this restriction, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the application, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.
Any third party software provided as part of the Service will be licensed to you on the terms of this Section unless a separate license agreement is provided to you in which event the separate license agreement will apply to your use of the specific third party component.
There is no charge to use the Service. For wine orders, we accept online or telephone payment via credit card and debit card. All payments sent electronically are securely transmitted. Orders are shipped using ground service unless you decide to upgrade your delivery service. Order processing time is contingent upon credit card authorization, and does not include weekends or holidays.
If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. Taste Wine may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different payment mechanism or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. If your payment card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card. It is your responsibility to keep your contact information and payment information current and updated.
We reserve the right to refuse or cancel any orders placed for wines listed at an incorrect price, 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, we will promptly issue a credit to your credit card account in the amount of the charge.
6. Product Substitutions
In the rare event that you purchase a wine product that is not in stock, we will provide you with a product substitute recommendation. We require your approval for product substitutions and will not process your order until you approve a product substitution. Production and shipment of your order may be delayed by your delay in approving a product substitution. If you do not approve of a product substitution, you will receive a full refund.
7. Product Guarantee and Return Policy
We want you to be 100% satisfied with your wine and merchandise purchases. If you are unable to make it into our store to taste your wine before you buy it, and you are dissatisfied with any product you purchased online or via the mobile application from us, please contact us at firstname.lastname@example.org and, at our choice, we'll either replace your purchase or provide you with a full credit (excluding shipping fees) toward your next purchase within thirty (30) days. However, following wine-trade traditions, all wine bottles seven years or older are purchased at your sole risk.
The wines purchased from Taste Wine are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier. If you have a broken bottle or damaged delivery issue, please contact us at email@example.com within thirty (30) days of delivery. We will work with you to resolve the problem to your complete satisfaction, which may include replacement or a full credit.
You are responsible for having an adult available to accept the shipment. All common carriers (FedEx and UPS) require an adult signature to accept the wines - no exceptions. Each carrier will make three attempts to deliver the wine and it is your responsibility to make alternate arrangements if necessary.
All wine returned to us because of non-deliverable issues will be credited back to you minus the actual cost of shipping and, in certain cases, a handling fee. We strongly recommend you send your wine to a business address where an adult will be available to sign during business hours. We are sorry we cannot make exceptions to this policy. You can always place your order on hold with us for a limited amount of time, free of charge. We will be happy to ship your wine for you when convenient, within reason.
We allow you to upload content on the Service, including photos, videos, designs, graphics, comments, messages, suggestions reviews and feedback (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content on the Service.
You may be able to share your Content with other users via the Service. It must be emphasized that we cannot prevent other users from taking screen shots or captures or from downloading your Content and subsequently making your Content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your Content that you have posted to the Service. If the potential for public dissemination of your Content concerns you, please do not share that Content. Please note that recipients of Content are not allowed to download or maintain a copy of such shared Content.
9. Responsibility for Content
You, and not Taste Wine, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, Intellectual Property Rights infringement claims regarding such Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
We have the right, but no obligation to review any of your Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Service to use your Content without violating any rights you might have in such Content or any third party rights in such Content. You may remove your Content from the Service at any time; however you acknowledge that we may retain archived copies of your Content.
Users of the Service may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent or objectionable.
By making your Content available to our Service, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of your Content. The rights you grant to us are for the limited purpose of operating and providing the Service, improving the Service, and allowing us to develop new services. The reference in this license to "derivative works" is not intended to give us a right to make substantive changes or derivations to your Content, but does enable other users to redistribute your Content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other Content in connection with your Content.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to users.
11. Social Media and Third Party Sites
12. Links to Other Sites
Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.
13. Use Restrictions
You represent and warrant that you will not use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the presentation of the Service.
- Interfere with or disrupt the Service, or the servers or networks connected to the Service.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any Content or order transmitted through the Service, or attempt to impersonate another user, person or entity.
- Download lists of other users of the Service and use their information for your own business reasons.
- "Frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other websites for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information).
- Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.
- Create or send unsolicited messages or other electronic communications.
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information.
- Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).
- Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Engage in fraudulent mobile application activity for the sole purpose of accruing points (for tasting or other perks). We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.
14. No Warranties
EXCEPT AS PROVIDED IN SECTION 7, WE PROVIDE THE SERVICE AND RELATED PRODUCTS, INFORMATION AND MATERIALS ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WE, OUR SUBSIDIARIES, MEMBERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
We do not warrant that your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Service will be corrected, or that the Service is free of viruses or other harmful components.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of text messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.
No oral or written information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.
You will be solely responsible for any damage that results from your use of the Services and purchase of wine products. We will have no responsibility or liability to you for third party products made available through our Service and any claims or disputes by you regarding these products must be brought directly to and shall be the responsibility of, that third party vendor.
16. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM YOUR USE OF, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE SERVICE, SITE, APPLICATION OR ANY PRODUCTS RELATED THERETO (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF YOUR DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
17. Term and Termination
18. Audit Rights
19. Intellectual Property
Rights All Intellectual Property Rights in and to the Service shall be owned by us absolutely and in their entirety. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become the sole property of us. We shall own exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on our Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Taste Wine.
20. E-mail and Text Communications
E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Service).
21. Surveys and Feedback
We may periodically present you with surveys or solicit your opinion about the Service. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.
23. DMCA, Copyright and Other Complaints
We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, refuse an order or remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;
- Your full name, address, telephone number, and, email address;
- a statement by you 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
- a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
The notice described above should be sent to us via email using the address at firstname.lastname@example.org.
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity is infringing your copyright.
24. Other Complaints
If you reasonably believe that Content made available through the Service infringes your rights, please email us at email@example.com.
25. Independent Contractors
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
27. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
30. Compliance with Law
By using our Services, you are representing and warranting to us that (a) you are compliant with all applicable laws and regulations, and (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 Taste Wine for any fines, costs, liability, or expenses (including attorney’s fees) arising out of your breach of the foregoing obligations.
31. Governing Law
32. Entire Agreement.