Terms of Use

TERMS OF USE

Effective: August 25, 2014

Welcome to giftafeast.com (“Website”). This Website is operated by Gift A Feast.  Gift A Feast is a DBA of Gift A Feast, LLC.

Please take a few minutes to review these terms and conditions. When you visit this Website, you engage in our “Service” and agree that both your access to the Website and your use are governed by these Terms of Use (“Terms”).

SECTION 1 - USERS

You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website, and you must be 21 years of age or older to order, purchase or receive delivery of wine products. By submitting information through the Website you represent that you meet these age restrictions. Gift A Feast provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms. 

SECTION 2 – THESE TERMS OF USE MAY CHANGE

Gift A Feast has included the effective date of our Terms above. We reserve the right, at our sole discretion, to update or modify these Terms of Use at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Website. These Terms and any policies posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Gift A Feast reserves the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or to any third party for doing so. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit or prohibit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. Any offer for any product made on this Website is void where prohibited.

Our products are subject to return or exchange only according to our Return Policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 4 – PRIVACY AND YOUR PERSONAL INFORMATION

Your personal information is subject to Gift A Feast's Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your personal information in accordance with our Privacy Policy.

SECTION 5 – WEBSITE CONTENT

All of the content you see on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Gift A Feast or by third parties who have licensed their materials to Gift A Feast. All third party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners. The entire content of the Website is copyrighted as a collective work under U.S. copyright laws, and Gift A Feast owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the Website, and the Website as a whole, are intended solely for personal, noncommercial use by the users of the Website. You may only download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Gift A Feast reserves complete title and full intellectual property rights in any content you download from the Website. No joint venture, partnership, employment or agency relationship exists between Gift A Feast and you as a result of these Terms or your use of the Website. 

All content that you post on this Website or otherwise disclosed, offered or submitted to Gift A Feast shall be and remain Gift A Feast's property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any content shall constitute an assignment to Gift A Feast of all worldwide rights, titles and interests in all copyrights and other intellectual property in the content. Gift A Feast is and shall be under no obligation to maintain any content you post, offer, disclose or submit to Gift A Feast in confidence or to pay to user any compensation for any such content.

Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials, in whole or in part unless you first obtain written permission from Gift A Feast. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Gift A Feast. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

SECTION 6 - SUBMISSIONS

We welcome your comments regarding the giftafeast.com Website. However, all comments, feedback, notes, messages, suggestions, ideas, and other submissions disclosed, submitted or offered to Gift A Feast on or by the Website or otherwise disclosed, submitted or offered to Gift A Feast (collectively, “Comments”) shall be and remain Gift A Feast’s property which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gift A Feast of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Comments. Gift A Feast is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments.

You agree that no Comments submitted by you to Gift A Feast will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

SECTION 7 - MESSAGES

The giftafeast.com message services available to our customers are subject to the following guidelines.  Out of respect for all of our guests, we ask that you do not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to a third-party through the use of any of the various Gift A Feast messaging services available to customers (“Message”), including, without limitation, gift messages, greeting cards, and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:

•   The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation;

•   The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or

•   The impersonation of any person or entity in any part of any Message.

Gift A Feast reserves the right, but is not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Gift A Feast customers, or to any other person or entity.

SECTION 8 – INACCURACY DISCLAIMER

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transite times and availability. Gift A Feast reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 – THIRD PARTY TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services, features and/or tools through the Website (including, the release of new tools and resources). Such new services, features and/or tools shall also be subject to these Terms of Use.

SECTION 10 - LINKS

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Gift A Feast has no control over such sites and resources, Gift A Feast is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Gift A Feast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Gift A Feast reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site. Permission must be granted by Gift A Feast for any type of link to the Website. To request our permission, you may write to Gift A Feast at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to the Website at our discretion at any time. 

SECTION 11 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S. Unless otherwise specifically stated to the contrary, all prices are exclusive of applicable shipping charges and federal, state and local taxes.  Additional shipping and other charges may apply, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Web site at the time of your order.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 12 - COLORS

We have done our best to display as accurately as possible the colors and appearance of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

SECTION 13 – DISCLAIMER OF WARRANTY

THIS WEBSITE IS PROVIDED BY GIFT A FEAST ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFT A FEAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE; EXCEPT THAT THE COMPANY DOES GUARANTEE THAT OUR FOOD STUFF PRODUCTS WILL BE WHOLESOME, AND IF THEY ARE NOT, THE COMPANY’S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY THE CUSTOMER, OR TO REPLACE AND DELIVER AN EQUIVALENT FOOD STUFF PRODUCT AS SOON AS REASONABLY PRACTICABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFT A FEAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. GIFT A FEAST DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GIFT A FEAST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

SECTION 14 - LIMITATION OF LIABILITY

NEITHER GIFT A FEAST OR ITS CORPORATE PARENT, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SECTION 15 - INDEMNIFICATION

You agree to defend, indemnify, and hold Gift A Feast and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of these Terms or your posting or transmission of any materials on or through the Website. 

SECTION 16 – USER CONDUCT

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.

SECTION 17 – SPECIFIC PROHIBITED USES

You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Website. Gift A Feast specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following: 

a.  Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

b.  Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

c.  Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

d.  Posting material that infringes on any other intellectual property, privacy or publicity right of another;

e.  Posting any information which is incomplete, false, inaccurate or not your own;

f.   Impersonating another person;

g.  Transmitting or transferring (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control laws;

h.  Attempting to interfere in any way with or to circumvent the security features of the Service or any related website, other websites, or the Internet;

i.   Attempting to collect or track the personal information of others;

j.   Spamming, phishing, pharming, pretexting, spidering, crawling or scraping;

k.  Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

SECTION 18 – SECURITY RULES

Violations of system or network security may result in civil or criminal liability. Gift A Feast will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

a.  Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b.Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c.  Attempting to affect the functionality or operation of the Service or any related website, other websites or the Internet including, without limitation, via means of submitting a worm, virus or any code of a destructive nature to the Website, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services. or

d.Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

SECTION 19 – PASSWORD SECURITY

If you register for an account with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.

SECTION 20 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 21 – INTERNATIONAL USE; CONSENT TO PROCESSING

Gift A Feast controls and operates the Website from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

If you access the Website from locations outside the United States you agree that any information you provide to or though the Website may be processed in the United States. 

SECTION 22 – TERMINATION OF USAGE

These Terms of Use are effective unless and until terminated by either you or us.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You may terminate these Terms of Us8 at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Gift A Feast may terminate your access, or suspend your access to all or part of the Website, without notice, in Gift A Feast's sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Gift A Feast, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Gift A Feast, or its corporate parent or affiliates.  You will remain liable for all amounts due up to and including the date of termination 

SECTION 23 – APPLICABLE LAW

These Terms of Use shall be governed in all respects by the laws of the State of California, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against Gift A Feast must be resolved by a court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all claims or disputes.

SECTION 24 - WAIVER

The failure of Gift A Feast to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

SECTION 25 – SEVERED PROVISIONS

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

SECTION 26 – CONTACTING US

To contact Gift A Feast with any questions or concerns in connection with these Terms or the Website, or to provide notice to Gift A Feast, you can email, call, or write to us at the following:

Gift A Feast:

Email:

customerservice@giftafeast.com

Call:

800.453.6768

Mail:

Gift A Feast

Attn: Internet Services Department

489 Douglass Street

San Francisco, CA 94114

 

©2015, Gift A Feast, LLC. All rights reserved.