Terms of Service
TRADEMARKS, COPYRIGHT, AND RESTRICTIONS
This site is controlled and operated by The Wine Collective ("TWC"), at 1700 W 41st St Suite 490, Baltimore, MD 21211. The phone number is (443) 438-7366. All material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by TWC, its parent or its affiliates, or by other parties that have licensed their material to TWC protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws. You may use material from this site and other sites controlled by TWC only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other website or networked computer environment, unless expressly authorized, is prohibited.
To use some of our Services, you may be asked to register for an account. Your account registration information must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. We sell a variety of products, but we sell them to adults, who can purchase them with a credit card or other permitted payment method. If you are under 18, or the age of majority in your country, you may use the Services only with the involvement of a parent or guardian. In all cases, the adult would be the user and is responsible for any and all activity. We reserve the right to refuse service, terminate or suspend your account, remove or edit content, or cancel orders in our sole discretion.
YOUR USE OF THE SERVICES
Subject to your compliance with these Terms of Service and your payment of any applicable fees, we or our content providers, licensors or suppliers, grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of the Services. This license expressly prohibits any of the following:
the resale or commercial use of the Services, or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of any of the Services or its contents;
any downloading or copying of account information for the benefit of another merchant;
the copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting, storing, or transmitting any of the Services or its contents, in any form or by any means;
framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
the use of any meta tags or any other “hidden text” utilizing our or our licensees’ or suppliers’ names or trademarks;
any use of data mining, robots, or similar data gathering and extraction tools;
decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software.
All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Service.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; upload photos and personal information such as names and addresses to customize merchandise for purchase; and submit suggestions, ideas, comments, questions, or other information. Please act responsibly when using the Services. You may only use our Services and its contents for lawful purposes and in accordance with applicable law. Additionally, you agree that you will not and will not attempt to:
provide content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks;
violates any law;
advocates illegal activity;
advertises or otherwise solicits funds or is a solicitation for goods or service;
provide content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; or
use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
We reserve the right (but not the obligation) to remove or edit such content, but do not review all posted content.
By submitting User Generated Content to the Site you grant TWC and its parent, subsidiaries, or affiliates a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including on television and on third-party sites and social media platforms), for any purpose including, without limitation, trade, advertising, promotional, and commercial purposes, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms of Service and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated hereunder. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify TWC, and its licensees and suppliers, for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.
Without limiting the other terms set out in these Terms of Service, you agree to indemnify TWC and its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we expressly authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
TWC is not responsible for any User Generated Content or user communications published or transmitted by users of the Site. TWC reserves the right to edit or delete User Generated Content or user communications published or transmitted by users of the Site at any time and for any reason without any prior notice, but does not assume any obligation to do so.
The "Shop" or storefront section of the Site that allows you to order merchandise (the "Shop") is operated and managed by an independent merchandise vendor (the "Shop Operator"). The Shop Operator is the seller of the merchandise available in the Shop, and is responsible for all aspects of the Shop and the related services. Additional terms and conditions will apply to the use of the Shop and the purchase of merchandise and/or the use of any other services provided by the Shop Operator, and you should read those terms and conditions when they are presented to you. By accessing the Shop section of the Site you acknowledge that the Shop Operator identified in the Shop terms and conditions is exclusively responsible for the services offered thereon, including, without limitation, the processing, fulfillment and shipment of any merchandise ordered.
Terms of Sale
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described in our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right to modify the final sale date of any products sold for a limited period of time without notice to you, including by ending the sale period earlier than originally advertised, or by extending it beyond the originally advertised final sale date. Products are available while supplies last, and may only be available to be shipped to certain territories. All prices and products advertised are subject to change.
Taxes and Fees
You are responsible for payment of all taxes and import fees related to any products purchased and/or shipped from the U.S. to a country outside the U.S., including as applicable, sales tax, VAT, GST/HST, import fees, and duties. For more information about applicable taxes, please click here.
Our goal is your complete satisfaction of our Services. For more information about our policies on returns, please click here.
We try to be as accurate as possible when describing our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition, subject to the terms of the Returns policy.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, or if such items are shipped outside the U.S., then risk of loss and title pass to you when they clear customs.
Claims of Copyright Infringement
TWC respects the rights of all copyright holders and in this regard, TWC has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TWC the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
your name, address, telephone number, and e-mail address;
a description of the copyrighted work that you claim has been infringed;
the exact URL or a description of each place where alleged infringing material is located;
a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
The Wine Collective
1700 W 41st St.
Baltimore, MD 21211
Third Party Services
The Services may be provided through third party platforms, or interact with or include third party applications, websites, widgets, software and other services, all of which we refer to as “Third Party Services.” Third Party Services can refer to anything from advertisements and promotional offers from third parties to third party links or applications included in the Services. These Third Party Services may contain information or material that you may find inappropriate or offensive. You understand and agree that we are not responsible or liable for the behavior, availability, features or content of any Third Party Service. These Third Party Services are not owned or controlled by us—they are owned by third parties unrelated to us. The inclusion of such Third Party Services does not imply endorsement by us or any association with our operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any Third Party Services. Your use of these Third Party Services is at your own risk and subject to the separate Terms of Service of these Third Party Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any interactions or online transactions with any the Third Party Services.
This site may contain links to other sites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of TWC are operated subject to their own Terms of Service. TWC is not responsible for the content of any Linked Site that is not affiliated with TWC. The links to these sites are for your convenience only, and you access them at your own risk.
TWC welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by TWC, its affiliates, or any group or individual affiliated with TWC. You may not use on your site any logos, trademarks, service marks, or other copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on this site without prior written consent.
When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS Text Message Campaigns
We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the Text Message Terms, which are incorporated by reference herein, as well as these terms.
UNSOLICITED CREATIVE SUBMISSIONS/COMMUNICATIONS
TWC does not accept or consider creative ideas, suggestions or materials other than those TWC has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TWC or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Submitted Material"), the Submitted Material shall be deemed and shall remain the property of TWC. None of the Submitted Material shall be subject to any obligation of confidence on the part of TWC and TWC shall not be liable for any use or disclosure of any Information. TWC shall exclusively own any now known or hereafter existing rights to the Submitted Material of every kind and nature throughout the universe and TWC and its parent, subsidiaries, or affiliates shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Material.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWC AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TWC, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, LICENSORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF SERVICE.
Any usernames and passwords used for the Services are for individual use only. You are responsible for the security of your username and password. You will not place an order on the Services with an invalid or stolen payment mechanism. You will not use any software, tools, services or facilities to compromise our Services’ security, or tamper with our systems or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
We reserve the right to investigate suspected violations of these Terms of Service, including any violation arising from any submission, posting or e-mails you make or send to us. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from our servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. In our sole discretion, we will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TWC, ITS SUBSIDIARIES AND AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
By using the Services, you agree that the Federal Arbitration Act of the United States, applicable United States federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. If you reside outside the U.S., and to the extent applicable law does not allow the aforementioned, then the applicable laws of the country in which you reside will govern these Terms of Service, and any disputes will be submitted to the courts of competent jurisdiction of the country in which you reside.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED.
To the extent permitted by applicable law, any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act of the United States and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following: The Wine Collective, 1700 W 41st St Suite 490, Baltimore, MD 21211, Attn: Owner. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
CLASS ACTION WAIVER
TWC and you agree that TWC and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. TWC and you further agree that TWC and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Sites.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Baltimore, Maryland.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of TWC to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
U.S. EXPORT CONTROLS
Software from the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MODIFICATIONS, ENTIRE AGREEMENT, AND SEVERABILITY
We reserve the right to modify, limit or discontinue, temporarily or permanently, all or any part of the Services, with or without notice to you, at any time. Please note, your continued use of the Services will be deemed as acceptance of the Terms of Service as modified.
These Terms of Service supersede all prior agreements, oral or written, and constitute the entire agreement between us relating to the subject matter of these Terms of Service. However, you acknowledge that other aspects of your use of the Services may be subject to separate agreements with us, including, for example, contest and sweepstakes or gift card rules.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service were last updated on March 29, 2020.