Terms & Conditions
Welcome to Zero 815Winery.com (this “Site”).
This Site is owned and operated by Zero 815 Winery (“Zero 815 Winery,” “we,” “us”, and “our”). We operate this Site for the benefit of our customers. This Site provides a quick and easy way to learn about us, join our club and find and place orders.
You Must Be at Least 21 Years Old to Use this Site
You must be at least 21 years old to use this Site. By accessing or using this Site you represent and warrant to Zero 815 Winery that you are at least 21 years old. IF YOU ARE NOT AT LEAST 21 YEARS OLD, YOU MUST LEAVE THIS SITE IMMEDIATELY.
Allergies to Sulfites
Some wines contain sulfites. You are responsible for knowing whether you are allergic to sulfites. Zero 815 Winery is not responsible and will not be liable to you if you have an allergic reaction to wine you purchase from a Zero 815 Winery store.
Sale and Regulation of Alcoholic Beverage
Conditions of Sale. Zero 815 Winery does not sell or ship alcoholic beverages to persons who are under the age of 21, nor do we sell alcoholic beverages for resale. By using this Site, you represent and warrant to Zero 815 Winery that you are 21 years or older and that any person you designate to receive a shipment of alcoholic beverages is 21 years or older. You also agree that any alcoholic beverages you order through this Site will be used only for personal consumption and will not be resold. If you misrepresent your age, the age of the person you designate to receive a shipment of alcoholic beverages, or the intended use of the alcoholic beverages you order through this Site intentionally or unintentionally, Zero 815 Winery reserves the right to prosecute you to the full extent of the law. IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU MAY NOT USE THIS SITE AND MUST LEAVE THIS SITE IMMEDIATELY.
Availability of Particular Wines and Vintages
From time to time, particular wines and vintages will sell out or be replaced. If an item on your order can not be filled, Zero 815 Winery may contact you regarding a substitute item.
Ownership of Site and Content
All rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, “Content”) are owned by Zero 815 Winery or by other third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and Zero 815 Winery owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
Some of the information, articles and other materials available through this Site are provided to Zero 815 Winery by third parties, including, for example, wineries that produce the wines selected by Zero 815 Winery. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. Zero 815 Winery does not endorse these materials or the third parties who supply them to us, nor does Zero 815 Winery warrant or represent that these materials are current, accurate, complete or reliable.
Rules Governing User Content. The following additional terms and conditions apply when you post wine reviews, comments or other content on this Site (“User Content”).
You may not:
- post any User Content that is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right;
- post any User Content that is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
- post any User Content that you know (or reasonably should know) is false, deceptive or misleading;
- post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post any private information about another person, including addresses, phone numbers, email addresses, and so on;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- use the Site in a manner that violates any laws or regulations;
- use the Site to solicit money, goods or services for private gain;
- use the Site to solicit money, goods or services for any charitable purposes;
- use the Services to promote political views or candidates;
- use the Services to advertise any goods or services or to solicit the purchase or sale of any products or services;
- use the Site to transmit chain letters or junk email to other members;
- use the Site to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
- use the Site in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site;
- use the Site to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in a manner that, in our sole discretion restricts or inhibits any other User from using or enjoying the Site.
Ownership of User Content. The User Content you provide to us shall be and remain exclusively the property of Zero 815 Winery. Your submission of User Content will constitute an assignment to us of all worldwide rights, title and interests in your User Content, including all copyrights and other intellectual property rights in your User Content. By submitting User Content, you represent and warrant to Zero 815 Winery that the User Content is your original work. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any User Content that you do not wish to assign to us. The foregoing notwithstanding, we will not use your User Content in a way that identifies you personally without your permission.
Your Privacy. To protect your privacy, do not use your full name or provide other information that would allow others to identify you personally when you post User Content on this Site.
Agent to Receive Notification of Claimed Infringement
Zero 815 Winery does not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through this Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html
Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity).
Your notice must be in writing and must include the following:
- a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Zero 815 Winery
c/o Karl Hogsett
11157 W. US Hwy 290
Hye, TX 78635
Toll-Free: (830) 644-2000
This Sites contains registered and unregistered trademarks of Zero 815 Winery and third parties (the “Trademarks”). You may not use any Trademarks displayed on this Site without the prior express written permission of Zero 815 Winery or the trademark owner.
We welcome your comments, feedback, suggestions, and other communications regarding this Site and the Zero 815 Winery concept, including your ideas for new features and other ways that we can make this website or our stores more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Site shall be and remain the exclusive property of Zero 815 Winery. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ZERO 815 WINERY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZERO 815 WINERY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ZERO 815 WINERY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.
UNDER NO CIRCUMSTANCES, SHALL ZERO 815 WINERY, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZERO 815 WINERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ZERO 815 WINERY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO ZERO 815 WINERY IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
As required by the Communications Decency Act of 1996, Zero 815 Winery 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 Covenant Eyes, SafeEyes, CyberPatrol, NetNanny, SurfWatch, and GuardOne. Zero 815 Winery does not endorse any of these companies or their services.
Links to Sites Operated by Third Parties
Links to Other Zero 815 Winery Websites
Governing Law, Jurisdiction and Venue