Terms & Conditions | Zipps Liquor

USER AGREEMENT

Welcome to the Internet sites of Zipps Liquor. These terms and conditions, together with our Privacy Policy, govern your use of and other online information services operated or provided by Zipps Liquor. By using these web sites and any emails or communications received from Zipps Liquor (collectively called the “Services”), you consent and agree to these terms and conditions.

PLEASE NOTE THAT YOUR USE OF THE ZIPPS LIQUOR 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 ZIPPS LIQUOR SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE ZIPPS LIQUOR 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 ZIPPS LIQUOR FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE ZIPPS LIQUOR 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 Zipps Liquor Site: Intentionally or unintentionally violate any applicable law or regulation. Access, tamper with, or use nonpublic areas of the Zipps Liquor Site or Zipps Liquor’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. Frame or link to the Zipps Liquor Site except as permitted in writing by Zipps Liquor.

COPYRIGHT

The compilation (meaning the collection, arrangement and assembly) of all content on www.zippsliquor.com is the exclusive property of Zipps Liquor, and is protected by U.S. and international copyright laws.

Zipps Liquor 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 – 2017 by Zipps Liquor. Unless otherwise explicitly stated by Zipps Liquor, 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 Zipps Liquor.

PROTECTION OF CONTENT PROVIDED BY ZIPPS LIQUOR AND ITS LICENSORS

All text, graphics, logos, icons, images, audio clips and software on the Zipps Liquor Site (“Site Content”) are copyrighted materials owned by or licensed to Zipps Liquor or are copyrighted materials owned by certain third parties. The Site Content may contain trademarks, service marks and trade names which are owned by Zipps Liquor 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 Zipps Liquor, its affiliates, or third parties. “Zipps Liquor” is a trademark of Zipps Liquor. Unless authorized in writing by an officer of Zipps Liquor, Zipps Liquor’s trademarks may not be used in connection with any product or service that is not Zipps Liquor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zipps Liquor. 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 Zipps Liquor 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 Zipps Liquor Site. Nothing contained in the Zipps Liquor 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 Zipps Liquor, 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 Zipps Liquor, its affiliates, and/or any third party, as applicable.

COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT

Zipps Liquor 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 Zipps Liquor’s Designated Agent the following information:

  1. Zipps Liquor’s Policy Concerning Claims of Infringement
  2. Written Notice of Copyright Claims.

Claims of infringement should be in writing and should be directed to Zipps Liquor’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 on our Contact Us page.

This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere on this site.

CORRESPONDENCE RECEIVED AND COMMUNICATION

Zipps Liquor 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 Zipps Liquor may be intercepted or read by others and is not confidential. No fiduciary relationship exists between you and Zipps Liquor. You represent, warrant, and covenant that you shall not upload, post, distribute or transmit through Zipps Liquor any information that (i) restricts or inhibits any other user from using or enjoying Zipps Liquor, (ii) in Zipps Liquor’ 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

Zipps Liquor will give you any necessary notices by posting them on the Zipps Liquor Site. You authorize Zipps Liquor to send notices via electronic mail as well if Zipps Liquor decides, in its sole discretion, to do so. You agree to check the Zipps Liquor 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 Zipps Liquor Site.

DISCLAIMER; NO WARRANTY

Zipps Liquor makes no representations or warranties as to the accuracy of the Content. Zipps Liquor 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 Zipps Liquor of the error or omission; however, Zipps Liquor 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 Zipps Liquor 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 ZIPPS LIQUOR ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE ZIPPS LIQUOR SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE ZIPPS LIQUOR SITE. ZIPPS LIQUOR DOES NOT WARRANT THAT YOUR USE OF THE ZIPPS LIQUOR SITE, OR THE OPERATION OR FUNCTION OF THE ZIPPS LIQUOR 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 ZIPPS LIQUOR 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. ZIPPS LIQUOR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE ZIPPS LIQUOR SITE. THE ZIPPS LIQUOR 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 ZIPPS LIQUOR 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 ZIPPS LIQUOR SITE, THE USE OR PERFORMANCE OF THE ZIPPS LIQUOR SITE, THE DELAY OR INABILITY TO USE THE ZIPPS LIQUOR SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ZIPPS LIQUOR SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ZIPPS LIQUOR SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZIPPS LIQUOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ZIPPS LIQUOR SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZIPPS LIQUOR SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS ZIPPS LIQUOR’S LIABILITY OR YOUR REMEDIES.

You agree to indemnify, defend, and hold harmless Zipps Liquor 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 our of your use of the Services or any breach by you of these Terms and Conditions. Zipps Liquor 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 hereto without the written consent of Zipps Liquor.

Zipps Liquor shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services. Zipps Liquor does not warrant that the Services will be uninterrupted, error free, or virus free; nor does Zipps Liquor 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. ZIPPS LIQUOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OF 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 Zipps Liquor 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 Zipps Liquor Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Zipps Liquor. Zipps Liquor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Zipps Liquor Site by anyone other than authorized Zipps Liquor employees acting in their official capacities.

EXTERNAL SITES

The Zipps Liquor Site may contain links to other web sites or resources. You acknowledge and agree that Zipps Liquor 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 Zipps Liquor Site does not imply that Zipps Liquor 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 Zipps Liquor and its sites do not constitute an endorsement by Zipps Liquor of any third party products or services.

MODIFICATION

Zipps Liquor 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. Zipps Liquor 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 Zipps Liquor Site is governed by the Zipps Liquor Privacy Policy below.

FORCE MAJEURE

Zipps Liquor shall be excused from performance under this Terms of Service if Zipps Liquor 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 Zipps Liquor.

SURVIVAL

The following provisions shall survive any termination of these Terms of Service: No Warranty from Zipps Liquor, Limitation of Liability, Indemnity and General Provisions.

GENERAL PROVISIONS

You agree that Zipps Liquor 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 Zipps Liquor 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 Zipps Liquor 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 Zipps Liquor in writing. The Terms of Service, along with the Zipps Liquor Privacy Policy, comprises the entire agreement between you and Zipps Liquor 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 Zipps Liquor. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Zipps Liquor shall be null and void. These Terms of Service will inure to the benefit of Zipps Liquor’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 Zipps Liquor. 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 Zipps Liquor 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 with one (1) year after the claim or cause of action arises.

If you have any questions about these Terms of Service, please fill out this form.

 

Privacy Policy | Zipps Liquor

At Zipps Liquor, we respect and safeguard your privacy. Our site is a secure environment for anyone who visits and purchases our products.  As a seller of fine wine and wine-related products, we are also committed to providing you the best possible online service and experience as well as the best products.

This privacy statement discloses the privacy practices and policies for Zipps Liquor.

At Zipps Liquor, we respect our customers and understand that you are concerned about privacy, we’ve instituted policies intended to ensure that your personal information is handled safely and responsibly.  We also have posted this privacy policy to let you know what kind of information we collect, how it is handled, with whom it may be shared, and what choices you have regarding our use of your information.

If you have any questions about this policy, you can contact us here.

1. WHAT INFORMATION DO WE COLLECT?

We collect your name, address, email address, and phone number.  This information is gathered to make your shopping experience as a registered user the quickest and easiest possible.

When you purchase a product from us in person, by phone or on-line, we collect your name, address, email address, phone number, and driver’s license number.  We also gather information on the person who will receive any gift you send (e.g., that person’s name and address) and we will retain a record of your purchases.

We also may receive some information about you from other sources and may add it to your account information.  For example, we might get your updated address from a shipper or information on your preferences from another website conducting a promotion or event with us.

2. HOW DO WE USE YOUR INFORMATION?

We may use your information in a number of ways, including but not limited to the following:

To enhance your shopping experience, for example, we may offer special promotional mailers, letters and emails to members of our Advantage Card program or inform you of special offers on products that have been previously purchased by you.

3. DO WE SHARE YOUR INFORMATION?

The information gathered may be shared with corporate affiliates. We also share the information with third parties, including but not limited to responsible companies with which we have a relationship.

We retain such third parties in order to manage a database containing certain customer information and/or to create and distribute e-mail and direct mail offerings. In those situations, we cause outside parties performing such work to take appropriate steps designed to ensure your information is used only to provide the services requested by us and not for other purposes.

Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interest or property.  This may include sharing information with other companies, lawyers, credit bureaus, agents or government agencies in connection with issues related to fraud, credit or debt collection.

We will share aggregated demographic information with our corporate affiliates, parties performing work for us, or advertisers.   This is not linked to any personal information that can identify any individual person.

We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain share, store or use personally identifiable information for any secondary purposes.

Finally, in the event that some or all of our business assets are sold or transferred, we generally would transfer the corresponding information about our customers.

4. PURCHASES AND ORDERING

In the event you should make a purchase in person, by telephone, or on-line, we request information from you on our order form.  A purchaser must provide contact information (like name and shipping address) and financial information (credit card number, expiration date, and billing address).  This information is used for billing purposes to verify the customer is of legal age, and to fill customers’ orders.  If we have trouble processing an order, this contact information is used to get in touch with the user.

5. WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?

We provide you with a number of choices regarding our handling of your personal information. If you do not want to receive promotional materials or emails from us, our related corporate affiliates, or do not want your information shared with unrelated third parties for marketing purposes, please contact us to notify us of your request. Please allow us 14 days from when the request was received to process your removal.

ADDITIONAL PRIVACY INFORMATION

In addition to the privacy information contained herein, you may be entitled to additional privacy protections by state and federal law.