Terms of Service
Aggregate Information (non-personally identifiable)
City Wine Cellar respects each individual user's right to privacy. City Wine Cellar does not collect personal identifying information unless such information is specifically and knowingly provided from users during contests, surveys, sweepstakes, site registration, or use of public areas, such as a forum. From time to time, we share aggregated site traffic information with our partners and advertisers. As part of our affiliate program, we track individual user movement that is not personally identifiable. We do this to track the effectiveness of our affiliate program. This data is not linked to any personally identifiable information.
Registration
No registration is required in order to use this website, though a user must create an account for the personalized aspects of the site, such as tracking one's personal cellar. Users are required to provide their name, email address, and a password of 5-16 characters in length. This information is necessary in order for us to contact users about services on our site for which they have expressed interest.
Third Party Offers or Mailing Lists
You may receive information regarding products, new features, services newsletters (ours or a third party's) and special offers we think you'll find valuable. We may also share information with carefully selected business partners. These businesses may use the information we share to provide valuable opportunities and offers. Out of respect for the privacy of our users, we only send these types of communications if the user has not opted-out. Users of our site are always notified when their information is being collected by any outside parties (e.g., if we implement Third Party Mailing Lists). We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party. City Wine Cellar is not responsible for any actions or policies of such outside parties.
Choice: Opt-In and Opt-Out
Our users are given the opportunity to "opt-in" to have their information used for purposes not directly related to our site at the point where we ask for information. City Wine Cellar does not supply identifying information to other companies, or use such information for its own purposes including but not limited to email newsletters, unless the user "opts-in" for such purposes by specifically allowing usage. (Identifying information must necessarily be used when notifying a user of requested information, such as email used for the alerts function, and notification of a winning entry in a contest or sweepstakes.) Once subscribed, users who no longer wish to receive our newsletter and promotional communications may opt-out of (i.e., discontinue receiving) these communications by contacting us at orders@citywinecellar.com. We also offer opt-out mechanisms in the text of each email we send, and the user may contact us at the street address at the top of this page to opt-out. If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done by contacting us at orders@citywinecellar.com. For users who no longer wish to receive our partners' newsletters and promotional communications, they may contact those companies directly. Please understand that once you have chosen to receive these third party mailing lists the use of your information will be governed by such parties' privacy practices. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law if we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order, or a legal process served on our Website. On rare occasions, it is necessary to send out a strictly service-related announcement. For instance, if our service is temporarily suspended for maintenance, we might send users an email. Generally, users may not opt-out of these communications, although they can deactivate their account. However, these communications are not promotional in nature.
Security
City Wine Cellar uses reasonable precautions to keep the personal information disclosed to us secure. However, City Wine Cellar is not responsible for any breach of security. If a City Wine Cellar user knowingly provides personal information, such as a name or email address, in a forum or other public service, that user should be aware that the information provided can be collected and used by third parties. Such activities are beyond the control of City Wine Cellar .However, at registration a user can choose whether an email is disclosed in the profile/post of the forum user.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. City Wine Cellar will automatically send the friend a one-time email inviting them to visit the site. City Wine Cellar stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Cookies
Non-personal information and data may be automatically collected through the standard operation of City Wine Cellar Internet servers (i.e. log file information like IP address) or through the use of "cookies." Cookies are small text files that our site places on your computer's hard drive to recognize repeat users and facilitate the user's use of the site. Also, our cookies allow a site to track usage behavior and compile aggregate data for content improvement, targeted advertising, and marketing and promotional purposes.
Some of our business partners use cookies on our site (for example, advertisers). Users should be aware that City Wine Cellar cannot control the use of cookies or the resulting information by advertisers or other third parties. Most browsers allow a user to deny cookies; however, users should note that cookies may be required to provide certain web site features.
Third Party Advertising
Some of the ads appearing on this Web site are delivered to users by LinkShare, Commision Junction, BeFree, or other Web advertising partners. Information about users' visits to this site, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users on this site. For more information about LinkShare, Commission Junction, BeFree, cookies, and how to "opt-out", please review LinkShare, Commission Junction's, and BeFree's privacy policies. Please understand we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising.
ATTENTION KIDS
No information should be submitted to the City Wine Cellar by children under 21 years of age without their parent's or guardian's consent. City Wine Cellar does not monitor the age of its user audience. City Wine Cellar does not sell or deliver to anyone under 21 and valid id is required when picking up an order or receiving a delivery.
Right to Change at Any Time
City Wine Cellar reserves the right to change this policy at any time by posting notice of the existence of a new privacy statement. If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Sale of Our Company
As a natural consequence of the development of our company, we could be sold to another company. In the event that another company acquires us or a significant portion of our assets is sold to another company, all customer data including financial records and consumer information collected on City Wine Cellar may be transferred to the new company. You will be notified via any such change in ownership or control of your personal information.
Terms of Service
User Agreement
Welcome to the Internet sites of City Wine Cellar .These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by City Wine Cellar .By using these web sites and any emails or communications received from City Wine Cellar (collectively called the "Services"), you consent and agree to these terms and conditions.
PLEASE NOTE THAT YOUR USE OF THE City Wine Cellar SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS City Wine Cellar SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE City Wine Cellar SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY City Wine Cellar FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE City Wine Cellar SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
Shipping/Delivery
If you would like your wine delivered or shipped to you we will contract with a third party carrier on your behalf to ship; by requesting delivery of your order you authorize us to do so. You must be 21 years of age or older to purchase alcoholic beverages. Identification and signature required for delivery. We are not responsible for any breakage or damage of wine by the carrier and you are responsible for all insurance as well as shipping costs in accordance with our shipping policies. We make no representations as to your legal rights to ship or import wine from the state residence or into any other state; you are solely responsible for complying with all applicable laws, obtaining all necessary licenses or permits, and paying all tax or other amounts due.
User Obligations
You agree not to do any of the following while using the City Wine Cellar Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the City Wine Cellar Site or City Wine Cellar 's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the City Wine Cellar Site except as permitted in writing by City Wine Cellar .
Copyright
The compilation (meaning the collection, arrangement and assembly) of all content on hudsonlights.linwood.wine is the exclusive property of City Wine Cellar , and is protected by U.S. and international copyright laws.
City Wine Cellar and its Services are protected by Copyright as a collective work and/or compilation. Information, compilations of information, graphics and other material, be they online, via email, in print, or otherwise accessible, ("Content") of the Services are copyright 2004 - 2019 by City Wine Cellar .Unless otherwise explicitly stated by City Wine Cellar , you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Content, but you may not otherwise download or store Content. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Content is permitted without the express written permission of City Wine Cellar .
Protection of Content Provided by City Wine Cellar and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the City Wine Cellar Site ("Site Content") are copyrighted materials owned by or licensed to City Wine Cellar or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by City Wine Cellar and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by City Wine Cellar , its affiliates, or third parties. "City Wine Cellar " is a trademark of City Wine Cellar .Unless authorized in writing by an officer of City Wine Cellar , City Wine Cellar 's trademarks may not be used in connection with any product or service that is not City Wine Cellar 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits City Wine Cellar .You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of City Wine Cellar or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the City Wine Cellar Site. Nothing contained in the City Wine Cellar Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of City Wine Cellar , its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to City Wine Cellar , its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
City Wine Cellar respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide City Wine Cellar 's Designated Agent the following information:
1. City Wine Cellar 's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to City Wine Cellar 's designated agent as specified below. Please include the following information:
A signature of a person authorized
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Submit the information above to the following designated copyright agent: orders@citywinecellar.com
This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.
Correspondence received and Communication
City Wine Cellar reserves the right to use as it sees fit any and all information or correspondence sent to it or its current or future Services via email, letters, phone, or any electronic or other means of communication. You acknowledge that any communication with or transmission to City Wine Cellar may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and City Wine Cellar .
You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through City Wine Cellar any information that (i) restricts or inhibits any other user from using or enjoying City Wine Cellar , (ii) in City Wine Cellar ' discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or violate the law, (iv) violates, plagiarizes, or infringes on the rights of third parties, (v) contains a computer virus or other harmful component, or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Notices
City Wine Cellar will give you any necessary notices by posting them on the City Wine Cellar Site. You authorize City Wine Cellar to send notices via electronic mail as well if City Wine Cellar decides, in its sole discretion, to do so. You agree to check the City Wine Cellar Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the City Wine Cellar Site.
Disclaimer; No Warranty
City Wine Cellar makes no representations or warranties as to the accuracy of the Content. City Wine Cellar is not liable for omissions or typographical errors contained in the Content. You acknowledge that any reliance upon any Content shall be at your own risk. If a party for whom Content has been published discovers an error or omission in the Content, it is that party's obligation to notify City Wine Cellar of the error or omission; however, City Wine Cellar does not warrant that such error or omission will be corrected.
All transactions made based on information from the Services are solely between you and the Vendor. Your sole rights and remedies shall be against the Vendor. By using the Services, you acknowledge and agree that City Wine Cellar has no liability for any cost, damage, or harm, directly or indirectly, in connection with the delivery, failure to deliver, performance, quality, or any other aspect of any products or services ordered or attempted to be ordered via information from the Services.
ALTHOUGH City Wine Cellar ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE City Wine Cellar SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE City Wine Cellar SITE. City Wine Cellar DOES NOT WARRANT THAT YOUR USE OF THE City Wine Cellar SITE, OR THE OPERATION OR FUNCTION OF THE City Wine Cellar SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE City Wine Cellar SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. City Wine Cellar AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE City Wine Cellar SITE. THE City Wine Cellar SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL City Wine Cellar AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE City Wine Cellar SITE, THE USE OR PERFORMANCE OF THE City Wine Cellar SITE, THE DELAY OR INABILITY TO USE THE City Wine Cellar SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE City Wine Cellar SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE City Wine Cellar SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF City Wine Cellar OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE City Wine Cellar SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE City Wine Cellar SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS City Wine Cellar 'S LIABILITY OR YOUR REMEDIES.
You agree to indemnify, defend, and hold harmless City Wine Cellar and any of its officers, owners, agents, employees, affiliates, licensors, and licensees from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys' fees, and costs incurred in connection with any claim arising out of your use of the Services or any breach by you of these Terms and Conditions. City Wine Cellar reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter related thereto without the written consent of City Wine Cellar .
City Wine Cellar shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. City Wine Cellar does not warrant that the Services will be uninterrupted, error free, or virus free; nor does City Wine Cellar make any warranty as to the results to be obtained from use of the Services or their Content. The Services and their Content are distributed on an "as is, as available" basis. City Wine Cellar MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may or may not apply to you. In such states, the liability of City Wine Cellar shall be limited to the greatest extent permitted by law. You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this City Wine Cellar Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of City Wine Cellar .City Wine Cellar neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this City Wine Cellar Site by anyone other than authorized City Wine Cellar employees acting in their official capacities.
External sites
The City Wine Cellar Site may contain links to other web sites or resources. You acknowledge and agree that City Wine Cellar is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the City Wine Cellar Site does not imply that City Wine Cellar endorses the linked site. You should contact the site administrator of those external sites if you have any concerns regarding the content located on them. Links to and from City Wine Cellar and its sites do not constitute an endorsement by City Wine Cellar of any third party products or services.
Modification
City Wine Cellar may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any database, feature, or content, without prior notice or liability. City Wine Cellar reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Please review these Terms and Conditions from time to time to ensure that you are aware of any changes.
Privacy Policy
Your use of the City Wine Cellar Site is governed by the City Wine Cellar Privacy Policy.
Force Majeure
City Wine Cellar shall be excused from performance under this Terms of Service if City Wine Cellar is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of City Wine Cellar .
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from City Wine Cellar , Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that City Wine Cellar and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the City Wine Cellar Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of City Wine Cellar to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by City Wine Cellar in writing. The Terms of Service, along with the City Wine Cellar Privacy Policy, comprises the entire agreement between you and City Wine Cellar and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of City Wine Cellar .Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of City Wine Cellar shall be null and void. These Terms of Service will insure to the benefit of City Wine Cellar 's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
Acceptance; Miscellaneous
Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by City Wine Cellar .If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the Services.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and City Wine Cellar with respect to your use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
If you have any questions about these Terms of Service, please email us at orders@citywinecellar.com.
