Welcome to Wine for the World. Please read below to learn the rules and restrictions that govern your use of wine4theworld.com, our website.
Have a question, comment or feedback? Please send it to email@example.com.
TERMS OF WEBSITE USE
The Terms may be updated by us from time to time with or without notice to you. Your continued use of the site indicates your acceptance of any modifications to the Terms. If you do not agree with the new Terms, you will no longer be able to use the Services. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.
The Site is available to members who are 21 years and older, residents of the United States, and who have not been suspended or removed by Wine for the World for any reason. By visiting our Site you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Site. As a registered user, you agree to provide true accurate, current and complete information about yourself as prompted by the Site's registration form, and you agree to use the Site for your own personal use and not for commercial purposes.
ACCESSING OUR SITE
INFORMATION ABOUT US
Wine for the World, Inc is registered in the state of Delaware and has a license to do business in the State of New York. Wine for the World is a licensed importer. Wine for the World sells wine to trade partners.
In an effort to make our wines accessible, Wine for the World products are available for sale through sellers that are licensed to sell alcoholic beverages (“Sellers”). As a Service to you, upon request we can direct you to Sellers through which you can place orders.
THE SALE OF WINE
Certain wines listed on our Site are available for purchase. You acknowledge and agree that Wine for the World does not sell, offer to sell, invite to sell, or solicit any sales of alcohol. In all instances, potential sales of alcohol are advertised, solicited, offered, accepted, made and delivered by sellers that are licensed to sell alcoholic beverages (“Sellers”). The Sellers on Wine for the World are retailers. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. All wine sold using the Site may be sold and delivered only to a person who is 21 years of age or older. By placing an order request, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any wine will be delivered is 21 years old of age or older. The products sold using the Site are sold by Sellers and are subject to their privacy and shipping policies. If you do not agree with these conditions of use please do not request permission to be connected to these Sellers through the Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Wine for the World may prosecute you fully to the extent allowable by law.
If you wish to purchase any product or service made available by a Seller through the Site (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Wine for the World and Sellers the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. In connection with each Transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including without limitation the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner and will not be made available for re-sale.
Any prices listed in the Site are estimations only and Wine for the World does not guarantee or make any warranty as to the availability or price of any wine offered by any Seller. If the price of the wine differs from the price listed on the Site, we will contact you to authorize additional payments or refund you the difference, as applicable. If a wine is unavailable, we will contact you and refund any amounts that have been charged.
If you have any questions or concerns about your purchase, you can contact us here: firstname.lastname@example.org.
CANCELLING AN ACCOUNT
Wine for the World is also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. Wine for the World has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site.
(i) You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license.
You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you for any other purpose than that given above in section (i) without the prior consent of the owner of that Content or in a way that violates someone else’s (including Wine for the World’s) rights. Under no circumstance may you or anyone in your organization disseminate or make available information contained within the Site, including but not limited to inventory and pricing information.
The Site may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WINE FOR THE WORLD (OR ITS LICENSORS, RETAILERS, OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUISINESS, LOSS OF INCONE OR REVENUE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WINE FOR THE WORLD IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. WINE FOR THE WORLD (OR ITS LICENSORS, RETAILERS, OR SUPPLIERS) SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USRE IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT, AND ANY MATERIALS POSTED ON IT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Wine for the World, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Wine for the World’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Neither Wine for the World nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Site are provided “AS IS” and without any warranty of any kind from Wine for the World or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
Breach of this provision is unlawful. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the ACCEPTABLE USE policy below:
This acceptable use policy sets out the terms between you and us under which you may access our Site. This acceptable use policy applies to all users of, and visitors to, our site.
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York City, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York City, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WINE FOR THE WORLD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that Wine for the World may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Wine for the World agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Wine for the World, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Wine for the World, and you do not have any authority of any kind to bind Wine for the World in any respect whatsoever.
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