TERMS AND CONDITIONS
Last updated on September 4, 2019.
At VIN SOCIAL, our goal is to provide a premium, curated experience. We strive to build a strong, professional relationship with our members and customers.
This agreement (the “Agreement” or “Terms and Conditions”) is a legally binding agreement between you and VIN SOCIAL, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and governs your access to and use of the URL, vinsocialbyslopecellars.com (the “Site”), and other VIN SOCIAL websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the “Sites”), any order you place through the Site and, as applicable, your use of the products and services you purchase.
Through use of the Site, we provide an opportunity to buy wine and related products and services (collectively the “Wine Services”). The sale and delivery of orders purchased by you will be executed and fulfilled by a licensed entity that holds valid licenses issued by state alcohol beverage agencies allowing for the legal sale and delivery of wine (the “Licensed Entity”). The Sites are directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Sites and to receive delivery of the products and services purchased. A valid government-issued ID will be required upon delivery. By using the Sites, including, without limitation, by participating in the Wine Services, you hereby agree to the terms and conditions set forth below (the “Terms and Conditions”).
These Terms and Conditions govern all activities available on the Sites, including shipment of wine and wine-related services (“services”), wine and related products made available on the Sites (“products”), event programming made available through the Sites (“events”), and communications between you and Vin Social. Collectively, this is the Vin Social platform (the “Platform”).
If you access or use any part of the Platform, you are agreeing to these Terms and Conditions. You indicate your acceptance of these Terms and Conditions and affirm that you are at least 21 years of age. If you are using the Platform on behalf of a company or other organization, then you are agreeing to these Terms and Conditions on behalf of yourself and such organization, and you represent that you have the legal authority to bind such organization to this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE, DO NOT PLACE AN ORDER, AND DO NOT USE ANY PRODUCTS OR SERVICES. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION IN THE STATE OF NEW YORK, COUNTY OF NEW YORK, RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
SCOPE AND ACCEPTANCE
Any person who accesses or uses any part of the Platform is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform.
You are responsible for reviewing the Agreement regularly. Your access to any part of the Platform is deemed to be your acceptance of the Agreement, as it exists at the time of such access.
MINIMUM AGE REQUIREMENT
If you use the Sites, you represent and warrant that you are at least 21 years of age. In no event shall you use the Sites, the Wine Services, register for a Wine Subscription, make a purchase or purchase a Gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, in our sole discretion. Additionally, all deliveries of packages containing alcoholic beverages require the recipient to provide his or her signature as well as a valid, government-issued photo ID showing that the recipient is at least 21 years old.
SALE OF ALCOHOLIC BEVERAGES
Vin Social does not sell any of the wine made available through our Platform. Our role in the transactions mentioned in these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase wine and related products, and to participate in the Wine Services and/or any other product offers offered on the Sites. You acknowledge that all orders of wine and related products you place through the use of the Sites are processed and fulfilled by a Licensed Entity, as the actual sellers of wine, and not by us. Any wine you purchase through the use of the Sites from the Licensed Entity must be for personal consumption only and not for resale. In the unlikely event that a particular wine is unavailable at time of shipping, the Licensed Entity may substitute a wine of similar style and of equal or greater value in your shipment.
ALL WINE SOLD THROUGH THE VIN SOCIAL PLATFORM IS SOLD BY A LICENSED ENTITY AND NOT BY VIN SOCIAL.
Vin Social never takes legal title of any wine sold through the Platform, and legal title to the wine transfers directly from the Licensed Entity (Seller) to you on any purchase you make. Further, because the Licensed Entity is responsible for all aspects concerning the sale of their wines, VIN SOCIAL cannot make any guarantees regarding any aspect of the wines you purchase through the Platform, including but not limited to the quality and/or delivery thereof.
You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
ACCEPTANCE OF ORDERS
As part of the Wine Services available to you, you will have the opportunity to purchase wine. All offers marketed to you pursuant to these Terms and Conditions are subject to availability. The Company and the Licensed Entity have the right to refuse orders should they not comply with your state’s laws or for any other reason, and your payment will not be processed for such orders. We shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company and/or the Licensed Entity reserve the right to cancel such order(s) and refund any erroneous charges to you, less any applicable shipping and restocking fees. The Company and/or the Licensed Entity reserve the right to change product pricing and discounts offered at any time.
For more information on why your order was rejected or canceled please email us at firstname.lastname@example.org and we will attempt to answer any questions you may have.
SUBSCRIPTIONS & ADVANCED ORDERS
VIN SOCIAL Subscription Shipments are scheduled to be shipped on specific dates throughout the year. Please see the product page for the most up to date ship dates.
As part of the Wine Services available to you, you will have the opportunity to purchase various wine subscriptions that we market and service (the “Subscription” or “Auto Delivery”) by following the instructions on the applicable Site or promotional communication. The details of your Subscription, including price, applicable taxes and shipping charges, will be provided in an order summary prior to your purchase. There is no obligation to continue your subscription and you may cancel at any time.
NOTICE OF CANCELATION MUST BE SENT AT LEAST 7 BUSINESS DAYS PRIOR TO ANY SCHEDULED SUBSCRIPTION SHIPMENTS.
You acknowledge and agree that Subscriptions are subject to recurring billing whereby the method of payment linked to your Account will be automatically charged prior to each shipment at the start of each new shipping period, until you cancel your Subscription as set forth in the Billing & Cancellation section below. Each Wine Subscription shipment may be a mix of white, red, rosé, and/or sparkling wine curated at the Licensed Entity’s discretion with no option for you to customize the wine selections. You will receive a shipment of wine, and your method of payment will be billed prior to each shipment, until you cancel. You will be notified by email in advance of each shipment. In the event product pricing changes with respect to Subscriptions, we will notify you in advance of such price modification and you will have the opportunity to cancel your Subscription prior to being charged for your next shipment. To ensure receipt of our reminder emails, Subscribers should be sure to add email@example.com to their email address book and mark VIN SOCIAL emails as “Not Spam.”
VIN SOCIAL may terminate your membership and refuse any and all current or future use of VIN SOCIAL or other services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Vin Social determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if VIN SOCIAL determines, in its sole discretion, that you are using your membership in a manner not permitted by these Terms, or (4) in other circumstances, as VIN SOCIAL deems appropriate in its sole discretion.
In the event a wine offering being marketed on the Sites is out of stock, but is anticipated to be restocked, you will have the opportunity as a part of the Wine Services to purchase certain wine products in advance of their availably for sale (the “Advanced Orders”) by following the instructions on the applicable Site or promotional communication. The details of your Advanced Order, including price, applicable taxes and shipping charges, will be provided in an order summary prior to your purchase. If you would like to cancel your Advanced Order please contact firstname.lastname@example.org. If your Advanced Order has already shipped, the order cannot be cancelled or returned.
As part of the Wine Services we market, you may also purchase a wine subscription as a gift for someone else. When you order a gift subscription for someone else, the person you designate will receive our quarterly mixed twelve (12) or six (6) pack of wine one (1) time every quarter (the “Gift” or “Gifts”) for one year or for the duration specified in the order. The details of your Gift, including price, applicable taxes and shipping charges, will be provided in an order summary prior to your purchase. The person you designate will receive the shipments of wine, and your method of payment will be billed at the time of purchase for the full amount of the number of shipments you selected. The Gift recipient will be notified by email in advance of each upcoming shipment. The Gift recipient will be required to register a membership account on the Site. Gift recipients must be at least 21 years old. Gift recipients must also have a delivery address within the state of the Licensed Entity processing the order.
If you purchased or received a voucher, follow the instructions on the voucher to redeem the Wine Services. Each voucher is governed by these Terms and Conditions and the applicable terms of the voucher promotion as communicated to you. Each voucher code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. All offers are subject to availability and we reserve the right to change product pricing and discounts offered at any time. Certain states do not permit us to honor discounts or vouchers, and such offers are void where prohibited by law. The voucher has two separate values: (a) the amount paid; and (b) the promotional value, which is the additional value beyond the amount paid. The promotional value of any such offer is not refundable unless expressly stated otherwise, or to the extent permitted by law, and will expire on the expiration date as stated. The amount paid will never expire and may be applied toward wine orders, Subscriptions or Gifts offered and available at the time you redeem if the original promotion specified on the voucher is no longer available.
FEES AND PAYMENTS
Your credit or debit card will be charged immediately upon checkout. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Account and may suspend or terminate your access to the Wine Services, including your Subscription. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Wine Services is subject to limits established by us and/or by your credit card issuer.
We may contract with one or more third parties to facilitate the processing of fees and payments. You agree that VIN SOCIAL may review and modify the fees charged and payments made in any transaction, in its sole discretion, based on any complaint or report of special circumstances concerning a transaction. VIN SOCIAL may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you, shall have no bearing whatsoever on your access to and use of the Platform. When making a purchase through the VIN SOCIAL Platform, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to VIN SOCIAL that your use of a payment card in connection with any purchase you make on the VIN SOCIAL Sites or Application is authorized and legal. You are responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.
BILLING AND CANCELLATION
Subscriptions: You acknowledge and agree that Wine Subscriptions are subject to recurring billing whereby the method of payment linked to your Account will be automatically charged every quarater until you cancel your Subscription. Wine Subscription services are only available on twelve (12) and six (6) bottle offerings. There is no ongoing commitment to continue your Subscription and receive these shipments of wine. You may cancel your Subscription at any time by contacting our Customer Service team by email at email@example.com. We will promptly stop processing the recurring payments and you will not be charged for any future shipments that have not yet shipped.
YOU MUST NOTIFY US AT LEAST 7 BUSINESS DAYS PRIOR TO ANY SCHEDULED SUBSCRIPTION SHIPMENT TO UPDATE YOUR ACCOUNT INFORMATION, PAYMENT METHOD, CHANGE YOUR ADDRESS, OR CANCEL YOUR MEMBERSHIP.
Gifts and other orders: You may cancel pending orders or Gifts at any time prior to shipment by contacting our Customer Service Team at firstname.lastname@example.org. We will promptly cancel your order or Gift upon receipt of such a request within the required timeframe, and the amount of any pre-paid, unshipped shipments that are being canceled will be refunded to the credit card or other payment method used in connection with the original purchase. If your Gift or other order has already shipped, the order cannot be cancelled or returned.
RETURNS AND EXCHANGES
Due to the complexities and restrictions of many state laws regarding returns of alcohol, no returns or exchanges of wines are permitted. If a wine arrives damaged or faulty please contact Customer Support at email@example.com and we will remedy the situation to the best of our ability. Please see our Return Policy for more information.
SHIPPING and DELIVERIES
ALL SHIPPING ADDRESSES PROVIDED MUST BE IN THE SAME STATE AS THE LICENSED ENTITY.
ALL WINE SHIPMENTS MUST BE SIGNED FOR BY AN ADULT OVER THE AGE OF 21.
THUS, WE HIGHLY RECOMMEND THE USE OF A BUSINESS ADDRESS TO ENSURE PROMPT DELIVERY AND TO AVOID ANY ISSUES WITH MISSED DELIVERIES.
Shipments will generally be delivered within 7 business days of the shipping notification and will require the signature of an adult over the age of 21 with valid photo ID at the time of delivery. Please note that shipments will not be left at your door without a valid signature, and we are not able to ship to a post office box. If no authorized adult is available to sign for deliveries after three delivery attempts, your shipment will be returned to the Seller as undeliverable and you may be subject to pay a restocking and/or reshipping fee. Shipping fees are non-refundable, and a Return Shipping Fee of up to 50% of the purchase price may apply to shipments that are returned to us as undeliverable.
All orders placed pursuant to these Terms and Conditions are shipped by a Licensed Entity. Title to such wine and related products, and the risk of loss, passes from the Licensed Entity to you upon the shipment of your order by the Licensed Entity. The terms and cost of shipment may vary from order to order. You will be notified at the time of purchase as to the applicable shipping charges (if any) and taxes, which you will be responsible for paying. The Licensed Entity we work with does not ship to states, counties or cities where shipping wine is prohibited by law. The remittance of any and all federal, state, sales, use and excise taxes to the applicable state authority will be made by the Licensed Entity related to such wine orders. Product availability and limitations on orders vary by state. Proof that the recipient of a shipment is at least 21 years of age will be required upon delivery. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to your delivery schedule.
If the delivery address you designate is located in an area that does not permit the delivery of alcoholic beverages to a consumer, we will ask you to provide an alternate, permissible delivery address.
Extreme weather conditions such as high heat or freezing temperatures can dramatically alter the quality of wine. In the instance of extreme weather conditions, VIN SOCIAL reserves the right to hold shipments until safer weather conditions to allow for a quality delivery. We will deliver your order as quickly as possible when the conditions permit. If there will be a significant delay, a customer service representative with VIN SOCIAL or a representative from the Licensed Entity, or common carrier may call or email you to let you know the status of your delivery.
REFERRAL CREDIT PROGRAM
VIN SOCIAL may offer users the ability to earn credits (“Referral Credits”) toward future purchases made through the Platform when they invite friends to sign-up for the VIN SOCIAL Subscription Service and those friends do so within one year from when the invitation is sent through an authorized VIN SOCIAL invitation channel (e.g. an invitation sent through the Sites, or another traceable social media channel supported by VIN SOCIAL). Referral Credits will be issued and redeemed by us and not by any Licensed Entity. Referrals made outside of the authorized channels will not result in any Referral Credits. Such credits will be transferred to the applicable user(s) and may be used toward the purchase of any product(s) made through the Platform, unless otherwise instructed by VIN SOCIAL. Such credits are not redeemable for cash, and may not be sold, transferred, mortgaged, assigned, and/or pledged by any user. User(s) are limited in the amount of credit that may be redeemed in connection with a single transaction up to 90% of said transaction’s value. Your use of Referral Credits indicates your agreement to be bound by these Terms & Conditions in their entirety. VIN SOCIAL reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for one year from the date of posting. If you close your account for any reason, or you have violated the terms of this Agreement and your account is terminated as a result, you will lose your credits.
USE OF CREDITS
In order to redeem Referral Credits, the order recipient must be a resident of the United States in a state where it is legal to directly ship wine. Referral Credits must be redeemed toward the purchase of eligible products on the Site. Purchases are deducted from the Referral Credit balance. If an order exceeds the amount of outstanding Referral Credits, the balance must be paid with a credit card or other available payment method. To view your Referral Credit balance, visit “My Account” on the Site.
CANCELLATION AND EXPIRATION
Any purchase made with Referral Credits cannot be cancelled and the purchase is final and non-refundable. Referral Credits expire one year from the date of posting.
Referral Credits may only be used on VIN SOCIAL Sites and Applications, toward the purchase of eligible products. Referral Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Void where prohibited by law.
SMS ALERT AND NOTIFICATION SERVICES
We want your wine shipment to arrive in premium condition (not subject to extreme heat or cold). To make sure your wine arrives safely and legally, we prefer to use an automated notification service that will send you various text (“SMS”) messages, outlining the progress of your shipment. We believe this is the fastest and most efficient way to provide you with information about your shipment.
By enrolling in this service, you will be subscribed to receive text messages from FedEx or UPS containing shipment status details about your VIN SOCIAL shipments. Message frequency depends upon your transaction activity. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. VIN SOCIAL and the mobile carriers are not liable for delayed or undelivered messages.
VIN SOCIAL does not charge for this service; however, standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participation in this service, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
We also want to keep you apprised of new products and offers we think you will like from time to time, including promotions, coupons and invitations to special events. Our users find SMS messaging to be a convenient way to receive this information.
We make commercially reasonable efforts to comply with the Telephone Consumer Protection Act (“TCPA”), which means we do not send automated text messages to your mobile device without your express consent. You may opt out at any time by texting STOP in reply to any SMS message you receive, or by changing the preferences in your account. To opt in to receive shipment notification and tracking information through our automated SMS system, please create an account, add your phone number and check the box to “opt in” on the sign up page. In order to receive your shipment or to receive information on special promotions and offers, you are not required to provide us with your mobile number. If you choose not to receive automated SMS messages to your mobile device, you will receive the same notifications via email through an automated email system.
Our commercial messages are CAN-SPAM compliant, and you may opt out of receiving commercial messages by following the instructions contained in the email. Please note that even if you opt out of receiving commercial email messages from us, you may not opt out of receiving non-commercial, information-based email communications about your account, or information about a shipment.
VIN SOCIAL EVENTS
During the term of a subscription membership, “Members” have exclusive, priority access to unique, privately curated events and travel experiences (“Events”). Members may purchase Tickets for themselves and their Guests by using the Services. Certain Events may also be open to Non-Members. Members, Guests of Members, and Non-Members collectively referred to as (“Guests”). VIN SOCIAL events are only available for attendance by adults over 21 years of age. Proof of identification and age may be required upon entry to a VIN SOCIAL event.
RESERVATIONS: Each Guest who is responsible for purchasing the Reservation is invited to reserve a seat at such Event by purchasing a Reservation. Reservations may be made for the Guest plus one or more guests (each, a “Guest”), depending on the Event. Capacity for each event is limited in advance, and once the maximum number or Reservations is reached, we will be unable to accept Reservations for the sold-out Event. The price for one admittance to an Event (the “Ticket”) is determined by VIN SOCIAL and will vary from event to event. The Ticket for each Guest is paid in full at the time of Reservation.
CANCELATIONS and REFUNDS: Each Event is uniquely curated, with a limited number of seats. VIN SOCIAL incurs certain costs with respect to each Event and is required by its Venue Partners to provide minimum attendance numbers for staffing, food and beverage planning. As such, our cancellation policy is as follows:
- If any Guest is unable to attend an Event, the Guest must notify us as soon as practicable. Reservations are non-refundable within 7 business days of the event date. However, the Guest may transfer the Reservation to a Replacement Guest provided we are notified of the name and email address of the Replacement Guest by contacting us at firstname.lastname@example.org. Such Replacement Guest is bound to this agreement as a Guest.
- It is rare, but for reasons beyond our control, our Venue Partners or Vin Social may need to cancel an Event. If an Event is cancelled, we will notify each Guest with a Reservation to such Event as soon as practicable and will issue a full refund of the Ticket Price.
GUEST CONDUCT: Each Guest who attends an event agrees to the following:
- Each Guest agrees that they will conduct themselves in an orderly and respectful manner and in full compliance with the applicable laws and house rules of the Venue Partner.
- Each Guest agrees that they are solely responsible for any damage they cause to the property of the Venue Partner and holds Vin Social and its affiliates, representatives and assigns harmless from any liability that may arise therefrom.
- Guest agrees that they are responsible for notifying VIN SOCIAL of any food allergies or dietary requirements in advance of Event, and understands that VIN SOCIAL and its Venue Partner may not be able to accommodate special requests.
By attending a VIN SOCIAL Event, each Guest consents to VIN SOCIAL’S right to take photographs and/or video and audio recordings at Events and consent to the use of such photographs, video and audio footage from such Events for promotional purposes on the VIN SOCIAL Sites or any other marketing purposes by VIN SOCIAL and its partners and/or affiliates.
As such, you hereby give VIN SOCIAL, its successors and assigns, the unrestricted right and permission to copyright in its own name, and use, reuse, publish, and republish photographic portraits, video, pictures, and/or recordings of me and/or my voice or in which you may be included intact or in part (the “Photographs”), in any form of media now known or hereafter developed, including electronic or digital media, in composite or distorted in character or form, without restriction as to changes or transformations or reproductions thereof in color or otherwise, and made through any medium now or hereafter used in connection with VIN SOCIAL and its partners and/or affiliates for any illustration, advertising or promotion, without compensation, in perpetuity. You hereby waive any right that you may have to inspect or approve the Photographs or any advertising or editorial copy or other printed matter that may be used in conjunction therewith or any use to which the Photographs may be applied under this release. You hereby release, discharge and agree to hold harmless VIN SOCIAL, its successors and assigns, from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said Photographs or any subsequent processing thereof, as well by any publication thereof, including without limitation, any claims for libel or invasion of privacy, unless it can be shown that the reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to ridicule, scandal, reproach, scorn and indignity.
In consideration of the right to enter and attend the Events, you hereby release VIN SOCIAL and any other related or affiliated company and their respective officers, directors, agents and employees of and from any all liability, claims demands, actions and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by you while at the Events or traveling to or from the Events. You are fully aware of the risks and hazards inherent in participating in the Events and hereby elects voluntarily to engage in such activity. You hereby voluntarily assume all risk of loss, damage, or injury, including death that may be sustained by you, or to any property of yours while engaged in such activity. This release shall be binding upon the heirs, next of kin, personal representatives, executors, and administrators of yours. In agreeing to the foregoing release, you hereby acknowledges and represent that you have read the foregoing release, understand it, and voluntarily agree.
AVAILABILITY OF PLATFORM
We reserve complete discretion with respect to the operation of the Platform, and the right to change terms without notice. Vin Social will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine website and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Platform. In addition, Vin Social reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Platform, with or without notice. You agree that Vin Social shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Platform.
We may modify these Terms and Conditions at any time, at our sole discretion, without specific notice to you provided, however, that (a) any amendment or modification to the provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification (as the Terms and Conditions in effect at the time of the subject dispute or incurred changes shall govern, as applicable). The latest version of these Terms and Conditions will be posted to the Site, and you should review these Terms and Conditions prior to using the Sites. Any such changes to these Terms and Conditions will become effective immediately and your continued use of the Sites and your Account following such notification will be deemed confirmation of your acceptance of such changes. You will not be eligible for any compensation because you cannot use any part of the Sites or because of a failure, suspension or withdrawal of all or part of the Sites.
Should you wish to terminate your membership due to a modification to the Terms, please contact Customer Support at email@example.com. If you choose to continue using the VIN SOCIAL Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
ACCEPTABLE USE POLICY
You hereby agree that you are solely responsible for your conduct in connection with your use of the Sites and for any and all acts and omissions that occur under your Account. In connection with your use of the Sites, you further agree not to engage in any of the following prohibited activities: (a) create an Account or make any purchase if you are under 21 years of age; (b) interfere with or inhibit the use of the Sites by other users; (c) use the Sites for commercial purposes for yourself and/or third parties (for example, by selling, or attempting to sell, your purchases to others, etc.); (d) create an Account using a false identity, alter-ego, by impersonating a third party, or creating any other false account; (e) interfere with, disrupt or attempt to gain unauthorized access to other Accounts on the Sites or any other computer network; (f) copy, reverse engineer, or attempt to derive the source code of any part of the Sites; (g) post any comment or product review on the Sites or Social Media Pages that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; (h) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property of any person; (i) disseminate or transmit viruses, Trojan Horses, or any other malicious code or program; or (j) use the Sites in a manner or engage in any other activity that would violate any of the terms and conditions contained in these Terms and Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms and Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, suspending future shipments under your Subscriptions or Gift purchase, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
LOCATION OF USE
The Platform is controlled and operated from the United States, and is not intended to subject Vin Social to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We grant you the limited right to access and make use of the Sites as a user. The Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Sites (the “Content”) are owned by or licensed to us. Unless authorized in writing and in advance by us or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms and Conditions shall be construed to convey any property right in or license to the Content unless expressly provided to the contrary.
You may have contact or other interaction with third parties by clicking third-party links on our Sites and being directed to third-party websites (the “Third-Party Servicers”). You acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under our control. We shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with them, including the content on, or the privacy practices of such Third-Party Servicers. If you visit the website of, or submit information to any Third-Party Servicer, your visit and the information you submit are governed by the privacy statement of that Third-Party Servicer. We encourage you to carefully read the privacy statements of any website you visit.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Instagram® is a registered trademark of Instagram, LLC (“Instagram”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). SnapChat® is a registered trademark of Snap Inc. (“SnapChat”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that we are not in any way affiliated with Facebook, Instagram, Pinterest, SnapChat, or Twitter, and the VIN SOCIAL offerings are not endorsed, administered or sponsored by any of those parties.
THE VIN SOCIAL SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE VIN SOCIAL SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND VIN SOCIAL HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER VIN SOCIAL NOR ANY PERSON ASSOCIATED WITH VIN SOCIAL MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE VIN SOCIAL SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER VIN SOCIAL NOR ANYONE ASSOCIATED WITH VIN SOCIAL REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE VIN SOCIAL SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ALSO HEREBY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, IF APPLICABLE, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS FOR WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM AT SUCH TIME, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
ERRORS AND INACCURACIES
We strive to provide complete, accurate, up-to-date information on our Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, our Sites may contain typographical errors, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Sites.
The agreement contained in these Terms and Conditions is effective upon your acceptance as set forth herein, and shall continue in full force and effect until terminated. We may suspend or terminate the agreement or the Wine Services, including future shipments under your Subscription or Gift purchase, or remove or disable access to any portion of the Wine Services or the Sites at any time and for any reason with or without cause or notice to you. You may terminate your Subscriptions at any time for any reason by emailing firstname.lastname@example.org. We reserve the right to collect fees and charges incurred before you cancel your Subscription.
You agree to indemnify, defend and hold the Company and its employees, officers, members, directors, agents, representatives, affiliates, service partners, Licensed Entities, licensors, successors and assigns harmless from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from, or in any way attributable to: (i) your use of the Sites; (ii) anything you post to the Sites; (iii) your violation of these Terms and Conditions; (iv) your violation of the rights of any third parties; (v) use of the Sites or your Account by any other person accessing the Sites using your computer or Internet access account; and/or (vi) participation in or attendance at the Events.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIN SOCIAL, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE VIN SOCIAL SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.
The trademarks and service marks displayed on the VIN SOCIAL Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of VIN SOCIAL and its licensors. For a list of VIN SOCIAL trademarks and service marks please contact Customer Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any VIN SOCIAL Sites, Applications and Services are trademarks, service marks or trade dress of VIN SOCIAL in the U.S. and other countries. VIN SOCIAL’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not VIN SOCIAL, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VIN SOCIAL. All other trademarks not owned by VIN SOCIAL that appear in any VIN SOCIAL Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIN SOCIAL.
All content included on or made available through any VIN SOCIAL Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of VIN SOCIAL or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any VIN SOCIAL Sites, Applications and Services is the exclusive property of VIN SOCIAL and protected by U.S. and international copyright laws.
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least thirty (30) days after one of us notifies the other in writing of a dispute. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties.
You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Entities, licensors, officers, directors, members, agents, employees, representatives, affiliates and predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this provision that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general arbitration.
Notwithstanding any of the foregoing, if we are suffering irreparable harm arising out of or related to your use of the Sites, we are not precluded from bringing an action or claim with respect thereto before the appropriate federal or state court located in the county of New York, New York, and you consent to personal and subject matter jurisdiction of such court related to any such action or claim.
NOTICE TO CALIFORNIA USERS
Residents of California who use the Sites are entitled to know there are no charges to the consumer for use of our Sites, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the order confirmation pages relating to each purchase and e-mailed to the consumer after purchase. We reserve the right to change our pricing. You may contact us to resolve a complaint regarding any aspect of our service by emailing us at email@example.com, or writing to VIN SOCIAL at 1624 Market St #202-90748, Denver, CO 80202. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814, by calling 1-800-952-5210, or Hearing Impaired at TDD (800) 326-2297, or by email at firstname.lastname@example.org.
Neither the Company nor any service provider, including but not limited to Licensed Entities, service partners, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates, shall be liable for performance of its obligations under these Terms and Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest, or emergency condition, (iii) the unavailability, failure or interruption of the Internet; or (iv) any other circumstances beyond the reasonable control of the Company or its service providers including but not limited to Licensed Entities, service partners, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates.
Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
In the event that any provision of these Terms and Conditions is declared void or unenforceable, such provision shall be deemed severed from these Terms and Conditions, and these Terms and Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
You represent that entering into the foregoing does not violate any commitment you have to any third party, and have read these Terms and Conditions completely and understand them, and agree to be bound by them, as is anyone who succeeds to your responsibilities and rights, and your heirs or assigns.
The date these Terms were last updated is set forth at the top of this page.
If you have questions or comments about these Terms or the VIN SOCIAL Sites, Applications or Services, please write or email us via the contact information below:
1624 Market St #202-90748, Denver, CO 80202
© 2019 VIN SOCIAL. All Rights Reserved.