Effective Date: June 20, 2014
Fitvine Wine Terms of Service
Welcome to Fitvine Wine! This Terms of Service (“TOS”) contains the terms and conditions that govern your use of the Service and the Fitvine Wine Content (as defined below). Throughout this agreement, Fitvine Wine and FitVine, LLC will be used interchangeably. This TOS describes your rights and responsibilities and what you can expect from the Fitvine Wine Service and is in addition to any Content Owner Agreement you may have entered into with us. Use of the Fitvine Wine Service constitutes your acceptance of and agreement to this TOS.
FitVine, LLC will only knowingly provide the Fitvine Wine Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 21, you may not use, in any fashion, the Fitvine Wine Service. FitVine, LLC does not sell or distribute alcohol to persons under the age of 21. By using this Service you swear and affirm that you are over the age of 21. FitVine, LLC makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Service you are acknowledging that the person receiving a shipment of alcoholic beverages from Fitvine Wine is over the age of 21. You also agree that any alcohol purchased from Fitvine Wine is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this service. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 FitVine, LLC will prosecute you fully to the extent allowable by law.
Your license for access and use of the Fitvine Wine Content and any information, materials and documents therein are subject to the following restrictions and prohibitions on use: a)You may not copy, reproduce, distribute, republish, display, post, or transmit in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Fitvine Wine; b) You may not use any materials obtained to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” on any other server. Any unauthorized use of this content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any content contained is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function.
You acknowledge and agree that FitVine, LLC (or FitVine, LLC's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with FitVine, LLC, nothing in the Terms gives you a right to use any of FitVine, LLC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with FitVine, LLC, then you agree that your use of such features shall be in compliance with that agreement and any applicable provisions of the Terms as updated from time to time.
License from FitVine, LLC
FitVine, LLC gives you a personal, royalty-free, non-assignable and non-exclusive license to use the Services as provided to you by FitVine, LLC. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FitVine, LLC, in the manner permitted by the Terms.
Customize and Purchase General Rules and License
As part of the Fitvine Wine Service, FitVine, LLC offers a service (the “Customize & Purchase Service”) that allows you to upload images, text, graphics and other content (collectively, “Content”) to the software to create, produce and purchase Products featuring the uploaded Content for your own use.
You will upload or deliver to FitVine, LLC all Content that you want to use with the Customize & Purchase Service in accordance with the applicable instructions on the Application and the Content Usage Policy. FitVine, LLC may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Customize & Purchase Service. You are subject to all of the same rights, responsibilities and restrictions with respect to any Content as are found in any section of this agreement, which is hereby incorporated by reference in this TOS.
You will retain ownership of the Content that you upload to the Service. You hereby grant to FitVine, LLC a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as FitVine, LLC deems necessary to enable you to use the Cusomize & Purchase Service to create, produce and purchase Products. FitVine, LLC may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the FitVine, LLC Service, processing your order, and producing and shipping your Products.
Content license from you
By submitting, posting or displaying any content on or through the Services, you give FitVine, LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. FitVine, LLC reserves the right at any time to remove any content generated, submitted, posted or displayed by you on or through the Services.
You confirm and warrant to FitVine, LLC that you have all the rights, power and authority necessary to grant the above license. Ending your relationship with FitVine, LLC.
The Terms will continue to apply until terminated by either you or FitVine, LLC as set out below.
If you want to terminate your legal agreement with FitVine, LLC, you may do so by (a) notifying FitVine, LLC at any time and (b) closing your account for all of the Services, where FitVine, LLC has made this option available to you. Your notice should be sent, in writing, to FitVine, LLC’s address which is set out at the beginning of these Terms.
FitVine, LLC may at any time, terminate its legal agreement with you for any reason, including without limitation, if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) FitVine, LLC is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom FitVine, LLC offered the Services to you has terminated its relationship with FitVine, LLC or ceased to offer the Services to you; or
(D) FitVine, LLC is transitioning to no longer providing the Services to users in the jurisdiction in which you are resident or from which you use the Service; or
(E) the provision of the Services to you by FitVine, LLC is, in FitVine, LLC’s opinion, no longer commercially viable.
Nothing in this Section shall affect FitVine, LLC’s rights regarding provision of Services.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FitVine, LLC have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions stated here shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FitVine, LLC’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, FITVINE, LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.
FitVine, LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN THE PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DRYNC LLC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH DRYNC LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) YOUR FAILURE TO PROVIDE FitVine, LLC WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON FitVine, LLC’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT FitVine, LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
It is FitVine, LLC’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers
Some of the Services may be supported by advertising revenue. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by FitVine, LLC on the Services are subject to change without specific notice to you.
In consideration for FitVine, LLC granting you access to and use of the Services, you agree that FitVine, LLC may place such advertising on the Services.
The Services may include links to other web sites or content or resources. FitVine, LLC may have no control over any web sites or resources which are provided by companies or persons other than FitVine, LLC.
You acknowledge and agree that FitVine, LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that FitVine, LLC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
FitVine, LLC may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, FitVine, LLC will make a new copy of the Universal Terms available at https://www.fitvinewine.com/pages/terms-and-conditions and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, FitVine, LLC will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and FitVine, LLC and govern your use of the Services (but excluding any services which FitVine, LLC may provide to you under a separate written agreement), and completely replace any prior agreements between you and FitVine, LLC in relation to the Services.
You agree that FitVine, LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if FitVine, LLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FitVine, LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of FitVine, LLC’s rights and that those rights or remedies will still be available to FitVine, LLC.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with FitVine, LLC under the Terms, shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You and FitVine, LLC agree to submit to the exclusive jurisdiction of the courts located within the State of Massachusetts to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FitVine, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Returns, Shipping Damage & Claims
If you are unsatisfied with the product upon receipt, you must contact FitVine, LLC within 30 days at firstname.lastname@example.org with a detailed account of the reason. At FitVine, LLC’s discretion, the company may offer a replacement, a discount, refund or an account credit to be used for a later purchase. FitVine, LLC will not be held liable for the customer not liking the wine or the label not being how they planned. FitVine, LLC will only be held accountable if the wrong wine was shipped or the wrong label is issued. If the shipment is damaged upon receipt and signature, a claim with the third party shipping company must be made within 24 hours of receipt with proof provided to FitVine, LLC.
Code of Conduct
We reserve the right to cancel and/or terminate any member’s account for any violation of the Terms & Conditions listed throughout the site or for any fraudulent behavior such as creation of multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, either on FitVine, LLC or any other website, service, or application in regards to FitVine, LLC.