Terms of Service

Terms of Use

Welcome to Brixr.

We built this site to provide you with the opportunity to learn about wines, interact with other wine lovers and purchase wine directly from licensed wineries. At no time does Brixr act as a licensed wine producer, manufacturer, or retailer in its own right; provided, however, that in its representative capacity Brixr has the full power and authority to enter into this Agreement on behalf of its licensed wineries and all references in this Agreement to Brixr shall be considered to be references to licensed wine producers for which Brixr, as their agent, is providing services.

By using the Web Site, you agree to comply with and be bound by the following terms of use and all applicable laws. Please review the following terms carefully. If you do not agree to these terms, you should not use the Web Site. As used below, the word “you” refers to the user or viewer of the Web Site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use (this “Agreement”) with respect to the Web Site. This Agreement constitutes the entire and only agreement between us and you with respect to the Web Site, the content, products or services provided by or through the Web Site, and the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings, and may be amended by us from time to time without specific notice to you. The latest Agreement will be posted on the Web Site, and you should review this Agreement prior to using the Web Site.

2. Proprietary Rights.

The content, organization, graphics, design, digital conversion, and other matters related to the Web Site are protected under applicable copyrights, marks and other proprietary rights. Except for the express limited purpose permitted by Section 3 below, the copying, redistribution, use or publication by you of any such matters or any part of the Web Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The uploading or posting of information or materials to the Web Site does not constitute a waiver of any right in such information and materials. Some content on the Web Site is the copyrighted work of third parties.

3. Limited Access License from Us.

We give you a non-exclusive, non-sublicensable, non-transferable and revocable license (a) to access and use those aspects of the Web Site that are publicly accessible through the Web Site solely for personal and non-commercial purposes strictly in accordance with this Agreement; and (b) to print, copy, distribute, transmit, download and store in electronic format information that is generated from and made available through those aspects of the Web Site that are publicly accessible through the Web Site solely for personal and non-commercial purposes strictly in accordance with this Agreement provided you maintain all copyright and other policies contained therein. No other right or license is given to use or access the Web Site.

4. Sale of Alcoholic Beverages.

You must be 21 years of age or older to register, place an order, purchase, or receive any wine products or services. The wineries we work with do not sell alcohol to persons under the age of 21. By using this Web Site you swear and affirm that you are over the age of 21. Brixr and our partners will make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. The consignee will be required to provide proof of age using a government issued, authorized form of identification upon delivery. Volume limitations and additional restrictions may apply in your area. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this Web Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 we will prosecute you fully to the extent allowable by law.

It is solely your responsibility to ensure you are in compliance with all local and state laws in connection with your alcohol purchases.

5. Parental Control Restrictions.

As required by the Communications Decency Act of 1996, we hereby notify 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.

6. Restrictions and Prohibitions on Use.

Your limited license for access and use of the Web Site and any information, materials or documents (collectively, “Content and Materials”) therein is subject to the following restrictions and prohibitions on use: You may not (a) print, copy, distribute, transmit, republish, display, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any Content and Materials retrieved from it except for the express limited purpose permitted by Section 3 above and in conjuction with our forthcoming API and other services that directly enable republishing of content; (b) use the Web Site or any materials obtained from it to develop any information, storage and retrieval system, database, information base, or similar resource or component thereof (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) use any Content and Materials from the Web Site in any manner that may infringe any proprietary right of us or any third party; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (e) remove, decompile, disassemble or reverse engineer the Web Site software or use any network monitoring or discovery software to determine the Web Site architecture; (f) use any automatic or manual process to harvest information from the Web Site; (g) use the Web Site in a manner that violates any state or federal law; and (h) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws or regulations of the United States.

7. Advertisers.

The Web Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

8. Registration Information.

Certain sections of, or offerings from, the Web Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only. We do not permit (a) any other person to use aspects of the Web Site under your name; or (b) access to the Web Site through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

9. Errors, Corrections and Changes.

We do not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Web Site at any time without specific notice to you. Further, we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Web Site without notice.

10. Third Party Content.

Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations or any other form of content on the Web Site. Further, we do not make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. You understand that information and opinions in third party content represent solely the thoughts of the author and are neither endorsed by nor do they necessarily reflect our beliefs.

11. Objectionable Content.

Brixr is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content.

You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not Brixr, are entirely responsible and liable for all activities conducted through your Account. Brixr does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Brixr be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in Brixr terminating your Account. You agree not to do any of the following while using the Service:

Harass, “stalk”, threaten, embarrass or cause distress or discomfort upon another Brixr participant, user, or other individual or entity;

Upload, post, email, SMS, or otherwise transmit via the Service any Content that Brixr considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;

Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;

Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;

Cause any screen in the Service to “scroll” faster than other users are able to type to it or any action to a similar disruptive effect;

Impersonate in the Service any person;

Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;

Collect or store personal data about other users; Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner;

Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.

Provide or send any content which may be harmful or detrimental to Brixr or its business associates, or which violates any restriction or policy established by Brixr or its business associates.

12. User Submitted Content.

Brixr claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant Brixr a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available.

Please choose carefully the information you post on Brixr. Brixr reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Brixr Services at any time, for any or no reason, with or without prior notice, and without liability. Brixr expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Brixr Services if Brixr determines, in its sole discretion, that you pose a threat to Brixr and/or its Users.

13. Use of Forums.

“Forums” means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, or other interactive service or promotion on or accessible via the Web Site, and includes both public boards and folders. You must register in accordance with instructions that you will find on the Web Site in order to r contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.

Brixr is not responsible for any User Submissions or material appearing in any public forum on the Web Site, except for Content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.

14. Online Conduct and Unlawful Activity.

Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Web Site will not be permitted. You agree to use the Web Site in accordance with these Terms of Use. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

We reserve the right to prohibit or remove conduct, communication or Content (including User Submissions) that we deem in our sole discretion to be harmful to users of the Web Site, subscribers, customer, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, Brixr or its Affiliates, or any rights of Brixr or any third party, or to violate any applicable law.

15. Copyrights and Designated Agent for Notification of Claims of Infringement

We respect 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 notify Brixr at tos@brixr.com and include all relevant information.

16. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Web Site.

17. Disclaimer.

THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE WEB SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEB SITE AND THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEB SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

18. Limitation of Liability.

(a) Neither we nor any Affiliated Party shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Web Site or any services or products obtainable from it, (2) the unavailability or interruption of the Web Site or any features thereof, (3) your use of the Web Site, (4) the content contained on the Web Site, or (5) any delay or failure in performance beyond our control.

(b) THE AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTY IN CONNECTION WITH ANY CLAIM ARISING OUT OF, OR RELATING TO THE WEB SITE OR THE PRODUCTS, SERVICES, INFORMATION, CONTENT, AND DOCUMENTS PROVIDED THEREIN OR THEREBY SHALL NOT EXCEED $100.00 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

19. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE WEB SITE.

20. Links to other Web Sites.

The Web Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web Site and access third party sites, you do so at your own risk.

21. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and the Content and Materials provided therein and in a manner that does not, in the sole judgment of the us, negatively reflect on the goodwill or reputation of the Brixr or any of its Affiliates.

22. Termination of your Account

We may terminate your Account with or without cause at any time effective immediately.

23. Miscellaneous

This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Any cause of action by you with respect to the Web Site or any products, services, information, content or Documents related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 18 and 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.

24. Force Majeure

Brixr shall be excused from performance under this Terms of Use if Brixr is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use 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 Brixr.com.

25. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Web Site operations or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in San Francisco, California. Each party shall bear its own attorneys’ fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

26. Contact Information

For general inquiries about the Tool and Site, please contact us at:

Brixr
2565 3rd Street
Suite 233
San Francisco, CA 94107