Terms and Conditions of Service

     

Welcome to the internet site of Treasure En Trilogy featuring Romancing the Vine respectively, TreasureEnTrilogy.com and RomancingTheVine.com. The Site is operated by Treasure En Trilogy, Inc. and will be referred to as "we," "us," or "our," hereunder.
 
PLEASE NOTE THAT YOUR USE OF THE TREASURE EN TRILOGY AND ROMANCING THE VINE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE TREASUREENTRILOGY.COM AND ROMANCINGTHEVINE.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE WILL BE UPDATED BY TREASURE EN TRILOGY, INC. PERIODICALLY, WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE IS INDICATIVE OF YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS AND CONDITIONS OF SERVICE.

 
User Obligations
 
You agree to abstain from engaging in any of the following activity while using the Treasure En Trilogy featuring Romancing the Vine website:
  • Intentionally or unintentionally violating any applicable law or regulation.
  • Access, tamper with or use nonpublic areas of the Site or the computer systems, therein. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Site except as permitted in writing from Treasure En Trilogy, Inc.

The Sale and Shipment of Alcoholic Beverages
 
Treasure En Trilogy, Inc. and Romancing the Vine do 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. We make 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 us is over the age of 21. You also agree that any alcohol purchased from Treasure En Trilogy and/or Romancing the Vine is intended for personal consumption and not for resale. If you do not agree with these terms and 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, Treasure En Trilogy, Inc. will prosecute you fully to the extent allowable by law.

 
Third Party Content and Monitoring
 
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s), and not of Treasure En Trilogy or Romancing the Vine. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized Treasure En Trilogy and Romancing the Vine employees acting in their official capacities.

 
Parental Control Protections
 
The Communications Decency Act of 1996 requires that Treasure En Trilogy, Inc. 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. We do not sponsor or endorse any of these companies or their services.

Links
 
The Treasure En Trilogy featuring Romancing the Vine Site may contain links to other web sites or resources. A few of our Wine Gift Basket selections 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 You acknowledge and agree that we are not responsible or liable for (1) the availability or accuracy of such web sites or resources (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on our Site does not imply that we endorse the linked site(s).

 
Protection of Content Provided by Treasure En Trilogy, Inc. and Its Licensors
 
All text, graphics, logos, icons, images, audio clips and software on the Treasure En Trilogy and Romancing the Vine Site(s) ("Site Content") are copyrighted materials owned by or licensed to Treasure En Trilogy, Inc. and Romancing the Vine. The Site Content may contain trademarks, service marks and trade names which are owned by Treasure En Trilogy, Inc. and Romancing the Vine and their 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 Treasure En Trilogy, Inc. and Romancing the Vine, its affiliates, or third parties.  "Romancing the Vine" is a trademark of Treasure En Trilogy, Inc. Unless authorized in writing by an officer of Treasure En Trilogy, Treasure En Trilogy's trademarks may not be used in connection with any product or service that is not Treasure En Trilogy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Treasure En Trilogy. 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 TreasureEnTrilogy.com 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 Treasure En Trilogy, Inc. and Romancing the Vine Site(s). Nothing contained in the Treasure En Trilogy, Inc. and Romancing the Vine Site(s) shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Treasure En Trilogy, Inc. and Romancing the Vine,  their 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 Treasure En Trilogy, Inc. and Romancing the Vine,  their affiliates, and/or any third party, as applicable.

 
Copyrights and Designated Agent For Notification of Claims of Infringement
 
Treasure En Trilogy, Inc. and Romancing the Vine respects 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 provide the Treasure En Trilogy, Inc. and Romancing the Vine Designated Agent the following information:
 
Treasure En Trilogy, Inc. and Romancing the Vine's Policy Concerning Claims of Infringement
 
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to Treasure En Trilogy, Inc. and Romancing the Vine's designated agent as specified below. Please include the following information:
  • A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the site
  • Your address, telephone number, and email address
  • 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
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
Notices
 
Treasure En Trilogy, Inc. and Romancing the Vine will give you any necessary notices by posting them on the TreasureEnTrilogy.com and RomancingtheVine.com Site(s). You authorize Treasure En Trilogy, Inc. and Romancing the Vine to send notices via electronic mail as well if Treasure En Trilogy, Inc. and Romancing the Vine decides, in their  sole discretion, to do so. You agree to check the Treasure En Trilogy, Inc. and Romancing the Vine Site(s) for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Treasure En Trilogy, Inc. and Romancing the Vine Site(s).
 

Disclaimer of Warranties
 
ALTHOUGH TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE  SITE(S),  THEY DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE(S). TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE DO NOT WARRANT THAT YOUR USE OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE  SITE, OR THE OPERATION OR FUNCTION OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE  SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS THEREWITH WILL BE CORRECTED OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE  AND  THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE. THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE  SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 
Limitation of Liability
 
IN NO EVENT SHALL TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, THE USE OR PERFORMANCE OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, THE DELAY OR INABILITY TO USE THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS TREASURE EN TRILOGY, INC. AND ROMANCING THE VINE'S LIABILITY OR YOUR REMEDIES.

 
Privacy Policy
 
Your use of the Treasure En Trilogy, Inc. and  Romancing the Vine Site is governed by the Treasure En Trilogy and Romancing the Vine Privacy Policy.

 
Termination of your Treasure En Trilogy and Romancing the Vine Account
 
Treasure En Trilogy, Inc. and  Romancing the Vine may terminate your Account with or without cause at any time effective immediately.

 
Account Maintenance Fee
 
For any account that has been inactive for twelve consecutive months, Treasure En Trilogy, Inc. and  Romancing the Vine reserves the right to assess a maintenance fee of $1.00 per month. On the eleventh month of inactivity Treasure En Trilogy, Inc. and  Romancing the Vine will notify account owners of their inactivity and the scheduled maintenance fee via email. An inactive account is any account in which the user has not logged in twelve consecutive months.

 
Force Majeure
 
Treasure En Trilogy, Inc. and  Romancing the Vine shall be excused from performance under this Terms of Service if Treasure En Trilogy, Inc. and  Romancing the Vine  are prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service 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 Treasure En Trilogy, Inc. and  Romancing the Vine.

 
Survival
 
The following provisions shall survive any termination of these Terms of Service: No Warranty from Treasure En Trilogy, Inc. and  Romancing the Vine, Limitation of Liability, Indemnity and General Provisions.
 
 
General Provisions
 
You agree that Treasure En Trilogy, Inc. and  Romancing the Vine and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Treasure En Trilogy, Inc. and  Romancing the Vine Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Treasure En Trilogy, Inc. and  Romancing the Vine to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Treasure En Trilogy, Inc. and  Romancing the Vine in writing. The Terms of Service, along with the Treasure En Trilogy, Inc. and  Romancing the Vine Privacy Policy, comprises the entire agreement between you and Treasure En Trilogy, Inc. and  Romancing the Vine and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Treasure En Trilogy, Inc. and  Romancing the Vine . Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Treasure En Trilogy, Inc. and  Romancing the Vine shall be null and void. These Terms of Service will inure to the benefit of Treasure En Trilogy, Inc. and  Romancing the Vine's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Orange County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.

If you have any questions about these Terms of Service, please contact us.

The Terms of Service were updated  October 1, 2008.