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Please read these Terms of Service carefully. These Terms of Service govern your access and use of the EngraveMyWine.com website and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by Mill Basin Wine & Liquor, Brooklyn, New York and/or its affiliates and/or fulfillment providers, as the context may require (“EngraveMyWine.com,” “Mill Basin Wine & Liquor,” “we,” “us,” or “our”). By accessing or using this Site and its related software tools, applications or any other EngraveMyWine.com service, you agree to be bound by these Terms of Service and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Service. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Service on its behalf and to bind such business, organization, or entity to these Terms of Service.
Every offer of an EngraveMyWine.com product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if EngraveMyWine.com has not specifically rejected them.
EngraveMyWine.com reserves the right to make changes to this Site and to these Terms of Service at any time without prior notice. You should review these Terms of Service each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you placed your order with our website. You may withdraw your consent to receive communications from us electronically by contacting Customer Care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Standard for Electronic TransactionsEngraveMyWine.com is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.Copyrighted Materials for Limited UseThis Site contains graphics, images, layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of EngraveMyWine.com. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. EngraveMyWine.com reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or EngraveMyWine.com remain the property of EngraveMyWine.com. The design tools provided on this Site employ a limited number of elements, including icons, fonts, and design effects. EngraveMyWine.com reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design. Other EngraveMyWine.com customers may use the design tools to create designs that have similar or identical combinations of these elements and EngraveMyWine.com does not guarantee that your design will not have similarities to logos designed and used by other parties. EngraveMyWine.com provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.Use of SiteYou are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through EngraveMyWine.com (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from EngraveMyWine.com does not entitle you to use any portion of Content apart from the finished Products as they are supplied by EngraveMyWine.com. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. EngraveMyWine.com reserves the right, in Our sole discretion, to refuse to accept any content provided by you to EngraveMyWine.com or to process any order at any time and for any reason. EngraveMyWine.com also may terminate its service to and/or the accounts of customers found to be using EngraveMyWine.com to engage in undesirable activities or otherwise violating these Terms of Use. You agree that EngraveMyWine.com shall have no liability of any kind to you or to any third party arising from such refusal or termination.You are solely responsible for your use of Content in combination with any other graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize EngraveMyWinc.om to produce the Products on your behalf. You grant EngraveMyWine.com the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have provided and designed for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit EngraveMyWine.com to copy, distribute, use, modify, create derivative works of and vectorize any content you have provided for the purpose of fulfilling your order and/or marketing products or services to you. You agree that you will be responsible for all orders placed or other actions that are taken through the information provided for your order to EngraveMyWine.com.
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcoholTransfer of TitleCustomer agrees that the risk of loss and title for any engraved Product pass to you upon delivery of the product.IndemnificationYou agree that you shall indemnify EngraveMyWine.com and Mill Basin Wine & Liquors, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to EngraveMyWine.com or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.Disclaimer of WarrantyTHE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EngraveMyWine.com guarantees all orders will be delivered on or before the requested delivery date; in the event of late delivery, the extent of EngraveMyWine.com’s liability is the full refund of shipping charges. Due to the unique nature of the personalized products sold by EngraveMyWine.com, refunds will only be provided for items damaged in shipping, as documented by photographs provided to EngraveMyWine.comPlease note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of customer-provided images, design errors introduced by the customer in the creation process, errors in user-selected options such as choice of font, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. EngraveMyWine.com does not proof documents created by its customers prior to processing.Limitation of LiabilityIN NO EVENT SHALL ENGRAVEMYWINE.COM, MILL BASIN WINE & LIQUOR, OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ENGRAVEMYWINE.COM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM ENGRAVEMYWINE.COM OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL ENGRAVEMYWINE.COM BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.Governing LawThe party you are contracting with and the seller of the products and services offered and sold on this Site is through MILL BASIN WINE & LIQUOR, Brooklyn, NY, a company organized under the laws of the United States with its headquarters in Rockaway Park, NY. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the state of New York. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Brooklyn, New York. You agree to submit to the jurisdiction of courts sitting in Brooklyn, New York and agree that venue in these courts is proper in any such legal action or proceeding. You also agree not to assert in any legal action or proceeding involving MILL BASIN WINE & LIQUOR that a court sitting in Brooklyn, New York is an inconvenient forum for such legal action or proceeding. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms of Use.
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