Terms of Service
Welcome to the internet site of Taste, Inc. doing business as Vino Volo (“Vino Volo”), referred to herein as “we,” “us,” or “our”.
PLEASE NOTE THAT YOUR USE OF THE VINOVOLO.COM 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 VINOVOLO.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE VINOVOLO.COM 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 VINOVOLO.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VINOVOLO.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
User Obligations
You agree not to do any of the following while using the Vino Volo site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the vinovolo.com site or Vino Volo’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the vinovolo.com site except as permitted in writing by Vino Volo.
The Sale of Alcoholic Beverages
Vino Volo does not sell alcohol to persons under the age of (21) twenty-one. By using this site you swear and affirm that you are over the age of (21) twenty-one. Vino Volo makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of (21) twenty-one. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Vino Volo is over the age of (21) twenty-one. You also agree that any alcohol purchased from Vino Volo is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of (21) twenty-one, Vino Volo will prosecute you fully to the extent allowable by law.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this vinovolo.com site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vino Volo. Vino Volo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this vinovolo.com site by anyone other than authorized Vino Volo employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Vino Volo hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Vino Volo does not sponsor or endorse any of these companies or their services.
Links
The Vino Volo site may contain links to other web sites or resources. You acknowledge and agree that Vino Volo 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 web sites or resources. The inclusion of any link on the vinovolo.com site does not imply that Vino Volo endorses the linked site.
Protection of Content Provided by Vino Volo and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the vinovolo.com site (“Site Content”) are copyrighted materials owned by or licensed to Vino Volo. The Site Content may contain trademarks, service marks and trade names which are owned by Vino Volo 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 Vino Volo, its affiliates, or third parties. “Vino Volo” is a trademark of Taste, Inc. Unless authorized in writing by an officer of Vino Volo, Vino Volo’s trademarks may not be used in connection with any product or service that is not Vino Volo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vino Volo. 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 Vino Volo 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 Vino Volo site. Nothing contained in the Vino Volo 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 Vino Volo, 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 Vino Volo, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent for Notification of Claims of Infringement
Vino Volo 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 Vino Volo’s Designated Agent the following information:
Vino Volo’s Policy Concerning Claims of Infringement
Written Notice of Copyright Claims
Claims of infringement should be in writing and should be directed to Vino Volo’s designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
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.
Notices
Vino Volo will give you any necessary notices by posting them on the Vino Volo site. You authorize Vino Volo to send notices via electronic mail as well if Vino Volo decides, in its sole discretion, to do so. You agree to check the Vino Volo 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 Vino Volo site.
Disclaimer of Warranties
ALTHOUGH VINO VOLO ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE VINO VOLO SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE VINO VOLO SITE. VINO VOLO DOES NOT WARRANT THAT YOUR USE OF THE VINO VOLO SITE, OR THE OPERATION OR FUNCTION OF THE VINO VOLO 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 VINO VOLO 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. VINO VOLO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE VINO VOLO SITE. THE VINO VOLO 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 VINO VOLO 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 VINO VOLO SITE, THE USE OR PERFORMANCE OF THE VINO VOLO SITE, THE DELAY OR INABILITY TO USE THE VINO VOLO SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VINO VOLO SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VINO VOLO SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VINO VOLO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VINO VOLO SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VINO VOLO SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS VINO VOLO’S LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the Vino Volo site is governed by the Vino Volo Privacy Policy.
Force Majeure
Vino Volo shall be excused from performance under this Terms of Service if Vino Volo 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 Vino Volo.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from Vino Volo, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that Vino Volo 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 Vino Volo 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 Vino Volo 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 Vino Volo in writing. The Terms of Service, along with the Vino Volo Privacy Policy, comprises the entire agreement between you and Vino Volo 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 Vino Volo. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Vino Volo shall be null and void. These Terms of Service will inure to the benefit of Vino Volo’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.
Due to legal restrictions, wine can only be shipped to consumers in certain states, and some local laws also prohibit shipment of wine to consumers. If you order wine for shipment to an area where wine can’t be shipped, Vino Volo will contact you as soon as possible to notify you. If you’re in an eligible state, wine may be shipped to your home or business address, but wine may not be shipped to a P.O. Box. All wine shipments require the signature of an adult at least 21 years of age.
If you have any questions regarding these Terms of Service, please Contact Us.