Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Brown Bow Gift Co. The collective work includes works that are licensed to The Brown Bow Gift Co. Copyright 2003, The Brown Bow Gift Co. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Brown Bow Gift Co. or purchasing The Brown Bow Gift Co. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Brown Bow Gift Co. or to purchase The Brown Bow Gift Co. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Brown Bow Gift Co. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Brown Bow Gift Co. used in the site are trademarks or registered trademarks of The Brown Bow Gift Co.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Brown Bow Gift Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Brown Bow Gift Co. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Brown Bow Gift Co. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Brown Bow Gift Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Brown Bow Gift Co. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Brown Bow Gift Co product is mistakenly listed at an incorrect price, The Brown Bow Gift Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Brown Bow Gift Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Brown Bow Gift Co. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Brown Bow Gift Co. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Brown Bow Gift Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Brown Bow Gift Co.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Brown Bow Gift Co. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Brown Bow Gift Co. products) must be commenced within one (1) year after the claim or cause of action arises. The Brown Bow Gift Co.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Brown Bow Gift Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Brown Bow Gift Co. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Wine Sales
All wine and other alcoholic beverage products listed on the Retail Partner website are sold and delivered from AKA. All terms and conditions of sale established by AKA from time-to-time are binding on the Consumer. The terms and conditions can be located at www.wine.com/customercare/tos.asp The Sale of Alcoholic Beverages. The Brown Bow Gift Co. does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. The Brown Bow Gift Co. makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from The Brown Bow Gift Co. is over the age of 21. You also agree that any alcohol purchased from The Brown Bow Gift Co. is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21. The Brown Bow Gift Co. will prosecute you fully to the extent allowable by law. In the State of Connecticut Chatham Fine Wines and Liquor provides alcoholic beverages. In the State of Michigan Lo Spuntino, Inc., provides alcoholic beverages. Parental Control Protections As required by the Communications Decency Act of 1996, The Brown Bow Gift Co. 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 CyberPatrol, NetNanny, SurfWatch, and GuardOne. The Brown Bow Gift Co. does not sponsor or endorse any of these companies or their services. Protection of Content Provided by The Brown Bow Gift Co. and Its Licensors All text, graphics, logos, icons, images, audio clips and software on the The Brown Bow Gift Co. Site ("Site Content") are copyrighted materials owned by or licensed to The Brown Bow Gift Co. The Site Content may contain trademarks, service marks and trade names which are owned by The Brown Bow Gift Co. 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 The Brown Bow Gift Co., its affiliates, or third parties. "The Brown Bow Gift Co." is a trademark of The Brown Bow Gift Co. Unless authorized in writing by an officer of The Brown Bow Gift Co, The Brown Bow Gift Co's trademarks may not be used in connection with any product or service that is not The Brown Bow Gift Co's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Brown Bow Gift Co. 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 The Brown Bow Gift Co. 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 The Brown Bow Gift Co Site. Nothing contained in the The Brown Bow Gift Co. 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 The Brown Bow Gift Co, 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 The Brown Bow Gift Co., its affiliates, and/or any third party, as applicable.
Participation Disclaimer
The Brown Bow Gift Co. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Brown Bow Gift Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Brown Bow Gift Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Brown Bow Gift Co. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Brown Bow Gift Co., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, The Brown Bow Gift Co. may link to sites operated by third parties. However, even if the third party is affiliated with The Brown Bow Gift Co., The Brown Bow Gift Co. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Brown Bow Gift Co. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Brown Bow Gift Co. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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