Terms of service
Last updated: July 09, 2020
Welcome to WineChips.com! Wine Chips, Inc. (“Wine Chips”) provides you with the opportunity to learn about and purchase our Wine Chips products when you visit or shop at WineChips.com. Your use of our website and its various features, including all software and related applications, as well as your purchase and enjoyment of our products, are collectively referred to herein as the “WineChips Service”. Wine Chips provides the WineChips Service to you subject to the following terms and conditions:.
By using the WineChips Service, you agree to these terms and conditions. Please read them carefully.
ELECTRIC COMMUNICATIONS
When you use the WineChips Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website or through related sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY RIGHTS
Copyrights. All content included in or made available through the WineChips Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Wine Chips or its content suppliers and is protected by United States and international copyright laws.
Trademarks. “Wine Chips” and the WineChips logo are trademarks exclusively owned by Wine Chips and are protected under U.S. and international trademark laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the WineChips Service may also constitute trademarks or trade dress of Wine Chips in the U.S. and other countries. Wine Chips’ trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wine Chips. All other trademarks not owned by Wine Chips that appear in the WineChips Service are the property of their respective owners, who may or may not be affiliated with or sponsored by Wine Chips.
Patents. One or more patents/patent applications owned by Wine Chips apply to the WineChips Service. Portions of the WineChips Service operate under license of one or more patents owned by third parties.
Wine Chips respects the intellectual property of others. If you believe that your or any third party-owned intellectual property rights are being infringed, please notify us where indicated below.
LICENSE AND ACCESS
Subject to your compliance with these Terms of Use, Wine Chips or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the WineChips Service. This license does not include any resale or commercial use of the WineChips Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the WineChips Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Wine Chips or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of the WineChips Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wine Chips. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wine Chips, and you not use any meta tags or any other “hidden text” utilizing Wine Chips’ name or trademarks, without our express written consent. You may not misuse the WineChips Service. You may use the WineChips Service only as permitted by law. The licenses granted by Wine Chips terminate if you do not comply with these Terms of Use.
YOUR ACCOUNT
You may need your own Wine Chips account to use the WineChips Service, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years old, you may use the WineChips Service only with involvement of a parent or guardian. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Wine Chips reserves the right to refuse service, terminate accounts, terminate your rights to use the WineChips Service, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any communication or other content. Wine Chips reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, you grant Wine Chips a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wine Chips and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wine Chips for all claims resulting from content you supply. Wine Chips has the right but not the obligation to monitor and edit or remove any activity or content. Wine Chips assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of our products and any other physical items from Wine Chips are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS AND REFUNDS
Wine Chips does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Wine Chips does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
PRODUCT DESCRIPTIONS AND PRICING
Wine Chips attempts to be as accurate as possible. However, Wine Chips does not warrant that product descriptions or other content set forth in the WineChips Service is accurate, complete, reliable, current, or error-free. If a product offered by Wine Chips is not as described, your sole remedy is to return it in unused condition. With respect to items sold by Wine Chips, we cannot confirm the price of an item until you order. We generally do not charge your credit card for a purchased product until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
EXPORT RESTRICTIONS
You may not use the WineChips Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the WineChips Service. You must comply with all U.S. or other export and re-export restrictions that may apply to any Wine Chips goods, software, technology, and services.
OTHER BUSINESS
The WineChips Service may from time to time contain links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Wine Chips. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Wine Chips does not assume any responsibility or liability for the actions, products and content of these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WINECHIPS SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WINECHIPS SERVICE ARE PROVIDED BY WINE CHIPS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WINE CHIPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WINECHIPS SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WINECHIPS SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WINECHIPS SERVICE IS AT YOUR SOLE RISK.
THE WINECHIPS SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WINECHIPS SERVICE ARE PROVIDED BY WINE CHIPS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WINE CHIPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WINECHIPS SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WINECHIPS SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WINECHIPS SERVICE IS AT YOUR SOLE RISK.
DISPUTES
Any dispute or claim relating in any way to your use of the WineChips Service, or to any products or services sold or distributed by Wine Chips or through WineChips.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in New Castle County DE or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or any other misuse of intellectual property rights.
APPLICABLE LAW
By using the WineChips Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Wine Chips.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of the WineChips Service. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
ADDITIONAL SOFTWARE TERMS
The following terms apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the WineChips Service (the “WineChips Software“):
Use of the WineChips Software. You may use WineChips Software solely for purposes of enabling you to use the WineChips Service, as permitted by these Terms of Use. You may not incorporate any portion of the WineChips Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the WineChips Software in whole or in part. All software used in the WineChips Service is the property of Wine Chips or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services; App Permissions. When you use the WineChips Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. In addition, when you use apps created by or used by Wine Chips as part of the WineChips Service, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the WineChips Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the WineChips Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the WineChips Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the WineChips Software are the same as the rights we grant to all others under these Terms of Use.
Conflicts. In the event of any conflict between these Terms of Use and any other Wine Chips or third-party terms applicable to any portion of the WineChips Software, such as open-source license terms, such other terms will control as to that portion of the WineChips Software and to the extent of the conflict.
Social Media Giveaways and Contests
For the purposes of these Terms and Conditions, "The Promoter" refers to Wine Chips, Inc. whose social media handles are @winechips and/or @winesbestfriend respectively. The "Prize" refers to all of our promoted giveaways.
By entering the competition you agree to be bound by these terms and conditions. All entries must be received by as directed in our promotional posts. One (1) winner will be selected at random by The Promoter on each date listed in our promotional offer and the winner will be notified on or after this date.
No purchase necessary. Winners will not be required to pay to enter the competition.
Entrants must be over 18 years old on the date of their entry.
Employees of The Promoter are not eligible to enter.
Instagram, Facebook, Twitter or TikTok are not in any way affiliated or involved in the competition.
Only one entry per person per competition will be accepted.
Each entrant shall enter the competition by subscribing to The Promoters SMS list or via Social Media by tagging another user in the comments of the specified post by @winechips or @winesbestfriend and following the respective social media profile of The Promoter.
The Prize will be awarded to a randomly selected winner who has entered on via social media, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
The Promoter will not be help liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.
In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
The Promoter's decision is final. No correspondence will be entered into.
The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.