Welcome to the Internet site of The Magnificent Wine Company, Inc. ("The Magnificent Wine Company"). The Magnificent Wine Company includes The Magnificent Wine Company and other Internet sites affiliated with The Magnificent Wine Company, Inc., (each a "The Magnificent Wine Company Site"). The Magnificent Wine Company Site is operated by The Magnificent Wine Company, Inc., and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE MAGNIFICENT WINE COMPANY 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 THE MAGNIFICENT WINE COMPANY SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE MAGNIFICENT WINE COMPANY 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 THE MAGNIFICENT WINE COMPANY FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE MAGNIFICENT WINE COMPANY 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 Magnificent Wine Company Site:
- Intentionally or unintentionally violate any applicable law or regulation.
- Access, tamper with, or use nonpublic areas of The Magnificent Wine Company Site or The Magnificent Wine Company's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
- Frame or link to The Magnificent Wine Company Site except as permitted in writing by The Magnificent Wine Company.
The Sale of Alcoholic Beverages
The Magnificent Wine Company does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. The Magnificent Wine Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from The Magnificent Wine Company is over the age of 21. You also agree that any alcohol purchased from The Magnificent Wine Company 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 The Magnificent Wine Company 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 The Magnificent Wine Company Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of The Magnificent Wine Company. The Magnificent Wine Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this The Magnificent Wine Company Site by anyone other than authorized The Magnificent Wine Company employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, The Magnificent Wine Company 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. The Magnificent Wine Company does not sponsor or endorse any of these companies or their services.
Links
The Magnificent Wine Company Site may contain links to other web sites or resources. You acknowledge and agree that The Magnificent Wine Company 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 Magnificent Wine Company Site does not imply that The Magnificent Wine Company endorses the linked site.
Protection of Content Provided by The Magnificent Wine Company and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on The Magnificent Wine Company Site ("Site Content") are copyrighted materials owned by or licensed to The Magnificent Wine Company. The Site Content may contain trademarks, service marks and trade names which are owned by The Magnificent Wine Company 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 The Magnificent Wine Company, its affiliates, or third parties. "The Magnificent Wine Company" is a trademark of The Magnificent Wine Company. Unless authorized in writing by an officer of The Magnificent Wine Company, The Magnificent Wine Company's trademarks may not be used in connection with any product or service that is not The Magnificent Wine Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Magnificent Wine Company. 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 The Magnificent Wine Company 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 Magnificent Wine Company Site. Nothing contained in The Magnificent Wine Company 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 The Magnificent Wine Company, 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 The Magnificent Wine Company, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
The Magnificent Wine Company 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 The Magnificent Wine Company's Designated Agent the following information:
- The Magnificent Wine Company's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to The Magnificent Wine Company'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
THE MAGNIFICENT WINE COMPANY will give you any necessary notices by posting them on The Magnificent Wine Company Site. You authorize THE MAGNIFICENT WINE COMPANY to send notices via electronic mail as well if THE MAGNIFICENT WINE COMPANY decides, in its sole discretion, to do so. You agree to check The Magnificent Wine Company 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 Magnificent Wine Company Site.
Disclaimer of Warranties
ALTHOUGH THE MAGNIFICENT WINE COMPANY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE MAGNIFICENT WINE COMPANY SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE MAGNIFICENT WINE COMPANY SITE. THE MAGNIFICENT WINE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE MAGNIFICENT WINE COMPANY SITE, OR THE OPERATION OR FUNCTION OF THE MAGNIFICENT WINE COMPANY 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 MAGNIFICENT WINE COMPANY 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. THE MAGNIFICENT WINE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MAGNIFICENT WINE COMPANY SITE. THE MAGNIFICENT WINE COMPANY 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 THE MAGNIFICENT WINE COMPANY 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 MAGNIFICENT WINE COMPANY SITE, THE USE OR PERFORMANCE OF THE MAGNIFICENT WINE COMPANY SITE, THE DELAY OR INABILITY TO USE THE MAGNIFICENT WINE COMPANY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MAGNIFICENT WINE COMPANY SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MAGNIFICENT WINE COMPANY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MAGNIFICENT WINE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE MAGNIFICENT WINE COMPANY SITE, OR WITH ANY OF THESE TERMS OF
SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
MAGNIFICENT WINE COMPANY SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE
AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE MAGNIFICENT WINE
COMPANY'S LIABILITY OR YOUR REMEDIES.
