Terms and Conditions
Welcome to Wine Awesomeness Swag Shop!
Use of the Wine Awesomeness Swag Shop Service
Information You Provide
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Wine Awesomeness Swag Shop of any unauthorized use of your password or account, or any other breach of security.
Social Networking Services
Please remember that Wine Awesomeness Swag Shop has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Wine Awesomeness Swag Shop also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Wine Awesomeness Swag Shop does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Wine Awesomeness Swag Shop Service. Wine Awesomeness Swag Shop enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Wine Awesomeness Swag Shop Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Wine Awesomeness Swag Shop Service only with the approval of your parent or guardian.
In connection with your use of the Wine Awesomeness Swag Shop Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use
You will comply with any instructions provided to you by Wine Awesomeness Swag Shop in connection with your use of the Wine Awesomeness Swag Shop Service. Wine Awesomeness Swag Shop may establish general practices and limits concerning use of the Wine Awesomeness Swag Shop Service. Wine Awesomeness Swag Shop reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Purchasing of Merchandise
If you purchase any merchandise through the Wine Awesomeness Swag Shop Service, you will be required to provide Wine Awesomeness Swag Shop information regarding your credit card or other payment instrument. You represent and warrant to Wine Awesomeness Swag Shop that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation
Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Wine Awesomeness Swag Shop's Proprietary Rights
Service Content, Software and Trademarks
You are only authorized to use the Wine Awesomeness Swag Shop Service for the purpose of engaging in business transactions with Wine Awesomeness Swag Shop. You may not use any automated technology to scrape, mine or gather any information from the Wine Awesomeness Swag Shop Service or otherwise access the pages of the Wine Awesomeness Swag Shop Service for any unauthorized purpose. If you are blocked by Wine Awesomeness Swag Shop from accessing the Wine Awesomeness Swag Shop Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Wine Awesomeness Swag Shop Service or distributed in connection therewith are the property of Wine Awesomeness Swag Shop, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The Wine Awesomeness Swag Shop Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Wine Awesomeness Swag Shop, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Wine Awesomeness Swag Shop Service or the Service Content, in whole or in part. Any use of the Wine Awesomeness Swag Shop Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Wine Awesomeness Swag Shop.
The Wine Awesomeness Swag Shop name and logos are trademarks and service marks of Wine Awesomeness Swag Shop (collectively the “Wine Awesomeness Swag Shop Trademarks”). Other company, product and service names and logos used and displayed via the Wine Awesomeness Swag Shop Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wine Awesomeness Swag Shop. Nothing in these Terms of Service or the Wine Awesomeness Swag Shop Service should be construed as granting any license or right to use any of Wine Awesomeness Swag Shop Trademarks displayed on the Wine Awesomeness Swag Shop Service, without our prior written permission in each instance. All goodwill generated from the use of Wine Awesomeness Swag Shop Trademarks will inure to Wine Awesomeness Swag Shop’s exclusive benefit.
Third Party Material
Under no circumstances will Wine Awesomeness Swag Shop be liable in any way for any content or materials of any third parties (including users), including but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Service with respect to their content and materials.
Wine Awesomeness Swag Shop may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wine Awesomeness Swag Shop, its users, or the public.
Third Party Websites
The Wine Awesomeness Swag Shop Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Wine Awesomeness Swag Shop has no control over such sites and resources and Wine Awesomeness Swag Shop is not responsible for and does not endorse such sites and resources. Wine Awesomeness Swag Shop will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Wine Awesomeness Swag Shop Service are between you and the third party, and you agree that Wine Awesomeness Swag Shop is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE WINE AWESOMENESS SWAG SHOP SERVICE IS AT YOUR SOLE RISK. THE WINE AWESOMENESS SWAG SHOP SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, WINE AWESOMENESS SWAG SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WINE AWESOMENESS SWAG SHOP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WINE AWESOMENESS SWAG SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WINE AWESOMENESS SWAG SHOP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WINE AWESOMENESS SWAG SHOP OR WINE AWESOMENESS SWAG SHOP HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Wine Awesomeness Swag Shop, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Wine Awesomeness Swag Shop Service and remove and discard any content within the Wine Awesomeness Swag Shop Service, for any reason. Further, you agree that Wine Awesomeness Swag Shop will not be liable to you or any third party for any termination of your access to the Wine Awesomeness Swag Shop Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Wine Awesomeness Swag Shop in any way and will not attempt to do so or imply that you have the right to do so.
For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Wine Awesomeness Swag Shop agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Wine Awesomeness Swag Shop agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Wine Awesomeness Swag Shop and govern your use of the Wine Awesomeness Swag Shop Service, superseding any prior agreements between you and Wine Awesomeness Swag Shop with respect to the Wine Awesomeness Swag Shop Service. The failure of Wine Awesomeness Swag Shop to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Wine Awesomeness Swag Shop, but Wine Awesomeness Swag Shop may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Wine Awesomeness Swag Shop may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Wine Awesomeness Swag Shop Service.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the Wine Awesomeness Swag Shop Service.