Terms and Conditions
This website is owned and operated by Fallen Grape Wines, Inc., a Delaware corporation (“Fallen Grape” or the “Company”), and may provide products and services to you (the “Services”). By accessing or using any of the Services, websites or applications associated with or provided through the Company, you expressly agree to be bound by the following terms and conditions of these Terms of Service. Company may modify these Terms of Service at any time, and such modification will be effective immediately upon either posting of the modified Terms of Service or notifying you by other means.
1. USER OF SERVICES
(a) Use of the Services is limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.
(b) You agree to be solely responsible for any authorized or unauthorized access to your account by any person. You represent and warrant to Company that: (i) you are over the age of twenty-one (21) and have the power and authority and to comply with the terms of these Terms of Service and to perform your obligations under the terms of these Terms of Service; (ii) you will comply with all terms and conditions of these Terms of Service; and (iii) you have provided and will provide accurate and complete registration information.
(c) Each time you upload a file, or picture on the Services, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file.
(d) You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (i) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network; (ii) disseminate, store or transmit viruses, trojan horses or other malicious code or program; or (iii) engage in any other activity deemed by Company to be in conflict with the spirit of these Terms of Service.
(e) You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
(f) If applicable, you may engage in chats, promotional campaigns, give reviews, download and upload files and otherwise use the Services as permitted by these Terms of Service and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the Company area where you’re uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
(g) You are responsible for your communications and your use of the Services. As such, you may not, under any circumstances, do any of the following: (i) post or transmit any message which is libelous or defamatory; (ii) post or transmit any message, data, image or program which is obscene or pornographic; (iii) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (iv) use the Services to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (v) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (vi) upload files that contain a virus or corrupted data; (vii) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload through the Services; (viii) falsify the source or origin of software or other material contained in a file that you upload to the Services; (ix) falsely purport to be an employee or agent of a participating retailer, charitable organization or Company; (x) cause repeated disruptive incidents; (xi) act, or fail to act, in your use of Services, in a manner that is contrary to applicable law or regulation; or (xii) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
(h) We do not sell alcohol to persons under the age of 21 or anyone outside the United States (or even in the U.S if prohibited by applicable state law). By using this site and/or Services you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site and/or Services you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use the Services. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may report this to the appropriate authorities and you may be prosecuted and criminally liable to the extent allowable by law.
2. PROPRIETARY RIGHTS
(a) Your access to and use of the Services is licensed and not sold. Provided that you agree to be bound by the terms and conditions of these Terms of Service, Company agrees to provide you with a personal, non-transferable and non-exclusive license to access and use the Services for non-commercial purposes.
(b) The entire contents of the Services (including all contents contained therein) are copyrighted as a collective work under the laws of United States and other copyright laws. Company holds the copyright in the collective work. The collective work includes works that are the property of the information providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Services solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Services. You may not use any Company logo or any other proprietary graphic or trademark without Company’s express written permission; nor should you use any participating retailer or charitable organizations logo or graphics without their express permission.
(c) You agree to grant to Company a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Services (such as BBSs, reviews, forums and chat rooms) by all means and in any media now known or hereafter developed (collectively, the “Uploaded Content”) solely for the purpose providing and promoting Company and the Services. This license exists only for as long as you elect to continue to include such Uploaded Content on or through the Services and will terminate at the time you remove or Company removes such Uploaded Content from the Services.
(d) If you upload any pictures of yourself, you consent to the use by Company of your name, likeness and biographical material for art, editorial, publications purposes, and Company’s promotional, advertising and marketing or trade purposes solely for the purpose providing and promoting the Company and the Services and all media, including but not limited to, print, video, electronic, internet, and digital formats whether now known or hereafter created. Additionally, you consent to the use of your name and likeness for any and all shows, video, and films that the Company sponsors, produces, or is somehow connected with. You waive all rights you may have to any claims for payment or royalties in connection with any exhibition, televising, or other publication of your name, likeness and biographical material.
Company reserves complete and sole discretion with respect to the operation of the Services. Company may, among other things, withdraw, suspend or discontinue any functionality or feature of the Services, the promotional campaigns, or the applications used to access the Services. Company may, in its complete and sole discretion, review uploaded files, reviews, conferences, BBSs, forums, and chats and authorize restrictions on access thereto.
You are encouraged to use discretion while browsing the Internet using links initiated at the Services. Such links may lead unintentionally to sites run by third parties containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Company and information providers make no representations concerning any effort to review all or any of the content of sites listed in or provided through the Services.
You acknowledge that your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Company. Company cannot and does not screen content provided by you through the Services in real time. Notwithstanding the foregoing, Company reserves the right to monitor content on the Services and to remove content, which Company, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Terms of Service. Statements made in websites, reviews, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Any forum managers, forum hosts, content providers, information providers or merchants appearing on the Services are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
5. REFERRAL PROGRAM
Friends must purchase to qualify for the referral discount. The sender will receive a discount code via email for $10 off once the friend has completed a qualifying initial purchase. Discount cannot be combined with any other offer. We reserve the right to amend, modify or terminate this program at any time, or to withhold discounts if we suspect abusive or fraudulent activity.
A "Referred Customer" means an individual who:
1) clicks on a Unique Referral Link to place an order on the Site
2) does not cancel such order prior to shipment and does not return or seek a refund for such order within ninety (90) calendar days (the "Return Period"); and
3) is a new (and not a returning or existing) Fallen Grape customer who is a legal resident of the United States and at least twenty-one (21) years of age and does not share the same residence address as a Referrer. For the avoidance of doubt, any individual who has previously created a customer account on the Site cannot be a Referred Customer. In order to be eligible for a Referral Reward, a Referrer must refer to Fallen Grape a minimum of one (1) Referred Customers.
When a Referred Customer has used a Referrer's Unique Referral Link to satisfy the above conditions, the applicable Referrer is eligible to receive a referral reward, which will be specified in the Invitation received by such Referrer (the "Referral Reward"). Unless otherwise set forth in an Invitation, for each Invitation that a Referrer receives, the Referrer is only eligible to receive up to twenty (20) Referral Rewards (i.e., after such Referrer has referred twenty (20) Referred Customers, such Referrer will not be eligible for any additional Referral Rewards even if additional Referred Customers satisfy the above conditions using such Referrer's Unique Referral Link). Each Referred Customer will also receive a referred reward, which will be specified in the Invitation to the Referrer whose Unique Referral Link such Referred Customer used to make a purchase on the Site (the "Referred Reward").
An individual may only create one (1) customer account on the Site and may only receive one (1) Referred Reward for becoming a Referred Customer, even if the individual receives and attempts to click through multiple Unique Referral Links. We may terminate your eligibility to earn a Referral Reward or terminate your account on the Site if you take any of the following actions:
1) Open multiple accounts, including with different e-mail addresses, in order to generate additional Referral Rewards or Referred Rewards;
2) Refer customers using spam, display advertising, sponsored links, unsolicited e-mails, automated systems or bots, scripts or automatic dialers or links on message boards or forums.
3) Use false names, impersonate other people, or otherwise provide false or misleading information to us;
4) Offer incentives to others who register new accounts;
5) Violate these Referral Terms or any other Fallen Grape terms;
6) Pay to advertise your Unique Referral Link, including via Google, Facebook, Twitter, Bing and Craigslist.
6. TERMINATION OF SERVICES
Company, in our sole discretion, reserves the right (a) to terminate any user account, with or without notice, for any or no reason; (b) to remove or disable access to all or any portion of the Services or any Company application; (c) to suspend any user’s access to or use of all or any portion of the Service or Company application; and (d) to remove any content from Company’s servers at any time, with or without notice, for any or no reason.
7. DISCLAIMER OF WARRANTIES
COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Company disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, Company applications, the Company website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services; (c) any and all responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (d) disclaims any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, Company applications the Company website or any of its subpages.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
8. LIMITATION OF LIABILITY; INDEMNIFICATION
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THIS WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY, THE SERVICES, OR THIS WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY COMPANY, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR COMPANY APPLICATIONS OR COMPANY WEBSITES.