TERMS OF SERVICE
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Giving Vines, acceptance is expressly limited to these terms, without any modification by you. The Website is available only to individuals who are at least 21 years old.
1. Your Giving Vines Purchases.
Giving Vines does not sell wine to anyone under 21 years old. You must be at least 21 to order and receive wine from Giving Vines. By using this site, you acknowledge that you are at least 21 and that the person receiving the order will be at least 21. All wine shipments will require an adult signature upon delivery. We recommend that you use an office address so that you can be sure someone will be available to sign for the delivery. By using the site to purchase wine, you agree that the wine you purchase will be for personal use and not for resale. Giving Vines may disclose to a charity to which they are making a donation the names of the customers who indicated their support and the amounts of their purchases.
2. Sales in California.
All sales occur in California. Title to the wine you purchase from Giving Vines passes to you at our warehouse. You take all responsibility for shipping it from our warehouse to the delivery address. We arrange for transportation of the wine, but when we do that, we are acting on your behalf. By using our service, you reaffirm that you are at least 21 years old, and you represent that your shipment is in compliance with your local and state laws regarding the purchase, transportation and delivery of wine.
Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk and, During Pregnancy, Can Cause Birth Defects. Please drink responsibly and drive responsibly.
4. Reserved Rights:
Giving Vines reserves the right to refuse or cancel any orders placed for wine that are listed at an incorrect price or that contain any other incorrect information or typographical errors. We have the right to refuse or cancel any such orders even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Giving Vines will immediately issue a credit to your credit card account in the amount of the charge.
5. Website Material
Giving Vines has not and cannot review all the material posted to the Website and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Giving Vines does not represent or imply that it endorses the material posted on the Website, or that it believes such material to be accurate, useful or non-harmful. The Website may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Giving Vines disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content posted.
6. Content Posted on Other Websites.
The Website contains links to and from other websites. Giving Vines has not reviewed, and cannot review, all of the material made available through the websites and web pages to which the Website links or that link to the Website. Giving Vines does not have any control over those non-Website websites and web pages and is not responsible for their contents or their use. By linking to a non-Website website or webpage, Giving Vines does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Giving Vines disclaims any responsibility for any harm resulting from your use of non-Website websites and web pages.
7. Copyright Infringement.
As Giving Vines asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Giving Vines. Giving Vines will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
8. Intellectual Property.
This Agreement does not transfer from Giving Vines to you any Giving Vines or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Giving Vines. Giving Vines, the Giving Vines logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Giving Vines or Giving Vines’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Giving Vines or third-party trademarks.
Giving Vines reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Giving Vines may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Giving Vines may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Giving Vines can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The Website is provided “as is.” Giving Vines and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Giving Vines nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be uninterrupted.
12. Limitation of Liability.
In no event will Giving Vines, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Giving Vines shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You agree to indemnify and hold harmless Giving Vines, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Giving Vines and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of Giving Vines, or by the posting by Giving Vines of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the City and County of San Francisco, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Giving Vines may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By completing the sign-up information on the Website, providing Giving Vines with your federal taxpayer identification number, you can enroll with Giving Vines. Giving Vines may reject any nonprofit in its sole discretion. Provided that Giving Vines accepts your information and accepts your enrollment, Giving Vines will create a Website landing page for your nonprofit from the information you provide. A non-profit is not required to enroll in order to receive a donation from Giving Vines. Of course, we hope that you will enroll so that your supporters can link to your landing page and receive further information about your mission. 2. Information Provided by Nonprofits to Giving Vines.
By submitting information about your nonprofit (the “Content”) to Giving Vines for inclusion on the Website, you grant Giving Vines a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing the Content from the Website and promoting your nonprofit. If you request deletion of some or all of the Content, Giving Vines will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting the foregoing, Giving Vines has the right (though not the obligation) to, in Giving Vines’ sole discretion (i) refuse or remove any content that, in Giving Vines’ reasonable opinion, violates any Giving Vines policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Giving Vines’ sole discretion.
Giving Vines reserves the right, in its sole discretion, to stop donating entirely to any or all of the nonprofit organizations accepted into the program and to change the way the donation amounts are calculated.
4. Notice of Changes.
In the event that Giving Vines determines not to enroll a nonprofit, Giving Vines will forward written notice of that decision to the e-mail address supplied by the applicant. Other changes will be reflected only on the Website, without other notice to you, and it is your responsibility to check the Website and these Terms of Service frequently for changes.
5. Notice of Illegality.
Giving Vines may discontinue or modify some or all of the Giving Vines donation program in the event that any part of the program is declared unlawful by any regulatory agency having jurisdiction over Giving Vines or any of its participants. In the event that some or all of the Giving Vines donation program is declared unlawful, Giving Vines will notify all affected nonprofit participants by e-mail at the e-mail address provided in their applications.
Giving Vines, LLC (“Giving Vines”) is committed to protecting the privacy of purchasers and charities (collectively, “Users”). We only collect personally identifiable information about our Users, such as their names and postal and/or email addresses, when it is knowingly provided to us by our Users.
When a User makes a purchase
Giving Vines will ask Users to provide personally identifiable information necessary to fulfill a purchase that may include name, billing and shipping addresses, telephone number, and credit card number. This is the same information requested when a customer places an order by telephone or through the mail. For online orders, we also require an email address so the User can receive order and shipping confirmation emails and so we can communicate with the User if we have difficulty processing an order. All credit card information provided with online orders will be temporarily stored on a secured server (see Data Security). We will retain the personally identifiable information provided with each order for our records, to facilitate customer service, and for the following purpose:
When a User provides an e-mail address
When a User provides an e-mail address, Giving Vines may send email announcements to that address. Each e-mail announcement will have unsubscribe information for Users who do not wish to receive information by e-mail.
Automatic collection of non-personal information
Giving Vines collects certain non-personal information automatically in order to make our Web site more useful by helping us learn about the number of visitors to our site and the types of technology our visitors use. We do not track or record personally identifying information about individuals and their visits in this manner. We may compile and report aggregate statistics about our visitors — such as numbers, traffic patterns, and related site information — but these statistics include no personally identifying information.
USE OF INFORMATION
Giving Vines uses the information provided by Users so that we can better meet Users’ needs, fulfill online orders, facilitate customer service, and inform charity recipients. Giving Vines may disclose to a charity to which they are making a donation the names of the customers who indicated their support and the amounts of their purchases. On occasion, Giving Vines may send emails to individuals who have provided an email address in connection with an online purchase or survey inviting them to subscribe to our online mailing list. Email recipients may always opt out of any email category at any time by following the unsubscribe instructions included in the email message.
Giving Vines does not share Users’ personally identifying information except as described above for Users who have not opted-out; however Giving Vines will disclose or share such information if required to do so in accordance with a court order, subpoena or similar legal process, or if necessary to protect the rights, property and/or safety of Giving Vines, the Web site or any User or other third party.
Giving Vines does not solicit personally identifying information from children. Visitors who are under 21 years of age cannot purchase wines from Giving Vines and should not submit any personally identifying information to the Giving Vines Web site.
Giving Vines makes every reasonable effort to ensure that all of the transactions that occur on our Web site are secure. All credit card numbers submitted to or through the Web site are encrypted with an industry standard technology for protecting sensitive information as it is transmitted over the Internet. To prevent unauthorized access and ensure the correct use of information, we maintain reasonable physical, electronic, and administrative procedures to safeguard and secure the information we collect online.
USE OF THIRD-PARTY SERVICE PROVIDERS
Giving Vines may engage reputable third-party vendors in order to help us manage our Web site and allow us to better service our Users. Giving Vines requires its vendors by contract to maintain the confidentiality and security of information to which they are provided access and restricts the vendors from using the information in any way not expressly authorized by Giving Vines.
Giving Vines may revise or amend this policy at any time in its sole discretion. If we make any substantive changes in the way we collect or use personally identifying information provided by Users, we will post a prominent announcement on our Web site home page and post the changes on this page. We encourage Users to visit this page periodically to review our current policy.
CONTACT INFORMATION; CHANGES TO USER RECORDS