Terms of Service

Welcome to Vampire.com, Inc. (“Vampire.com”). The Vampire.com it is operated by TI Beverage Group, Ltd., which does business as Vampire Vineyards and Vampire.com (referred to herein as “we,” “us,” or “our”).

PLEASE NOTE THAT YOUR USE OF THE VAMPIRE.COM WEBSITE IS SUBJECT TO THE FOLLOWING TERMS (“TERMS OF SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE VAMPIRE.COM OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF OUR WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY VAMPIRE.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE VAMPIRE.COM WEBSITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

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User Obligations

You agree not to do any of the following while using the Vampire.com Site:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Access, tamper with, or use nonpublic areas of the Vampire.com Site or Vampire.com’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Vampire.com Site except as permitted in writing by Vampire.com.

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The Sale of Alcoholic Beverages

The laws in the United States of America prohibit persons under the age of 21 from purchasing alcohol, and in accordance with these laws, Vampire.com 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. Vampire.com 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 Vampire.com is over the age of 21. You also agree that any alcohol purchased from Vampire.com 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 police may prosecute you fully to the extent allowable by law.

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Title and Ownership

Title to, and ownership of, all wine passes from Vampire.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the wine, Vampire.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Vampire.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

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Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Vampire.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Vampire.com. Vampire.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Vampire.com Site by anyone other than authorized Vampire.com employees acting in their official capacities.

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Parental Control Protections

As required by the Communications Decency Act of 1996, Vampire.com 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. Vampire.com does not sponsor or endorse any of these companies or their services.

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Links

The Vampire.com Site may contain links to other web sites or resources. You acknowledge and agree that Vampire.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Vampire.com Site does not imply that Vampire.com endorses the linked site.

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GIFT CERTIFICATES

Gift certificates must be redeemed through the Vampire.com Web site, http://www.Vampire.com, toward the purchase of products listed in Vampire.com’s online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Vampire.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. The original expiration date will apply to any unused balance. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the Vampire.com Web site are subject to Vampire.com’s general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please email us at info@vampire.com. Vampire.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Vampire.com Web site or is redeemed and used to make purchases on the Vampire.com Web site. Vampire.com may provide gift certificate purchasers with information about the redemption status of gift certificates.

VAMPIRE.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. 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.

Vampire.com gift certificates are issued and sold by TI Beverage Group, Ltd.  By visiting Vampire.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions.

Any dispute relating in any way to Vampire.com gift certificates shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate TI Beverage Group, Ltd’s intellectual property rights, Vampire.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

TI Beverage Group, Ltd reserves the right to change these terms and conditions from time to time in its discretion.

All terms and conditions are applicable to the extent permitted by law.

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Protecting Copyrights and Other Intellectual Property

Vampire.com respects the intellectual property of others, and requires that those who post on our SITE do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Vampire.com has the right to terminate the Membership of infringers.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Vampire.com has adopted a policy of terminating, in appropriate circumstances and at Vampire.com’s sole discretion, members who are deemed to be repeat infringers. Vampire.com may also at its sole discretion limit access to the Vampire.com Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe your work has been copied and posted on or through the Vampire.com Services in a way that constitutes copyright infringement, please send Vampire.com’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Vampire.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Vampire.com’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, TI Beverage Group, Inc., 1875 Century Park East, Suite 700, Los Angeles, CA 90067 Phone: (310) 274-6600; Attn: Copyright Agent. Vampire.com’s Copyright Agent for notification of claimed infringement can also be reached electronically via info@machatlaw.com.

Vampire.com provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

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