Terms & Conditions

1. Who Are We?
These digital properties, including our website and mobile applications (collectively referred to as the "Site"), are operated by Brooklyn Wine Club ("we", "us", "our"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").
By visiting this Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2. Changes to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify, change, or discontinue the Service or the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service or the Site.

3. Account and Accuracy of Billing
You may browse the Site without creating an account. However, certain features may require account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to terminate or suspend accounts at our discretion.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Your submission of personal information through the Site is governed by our Privacy Policy.

4. Content; User Comments, Feedback and Other Submissions
All content on the Site, including text, images, logos, and videos, is owned by or licensed to us. You may not republish, distribute, or use any content from the Site for commercial purposes without our prior written consent.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

5. Links to Other Websites
The Site may contain links to third-party websites that are not affiliated with us. We are not responsible for the content or practices of these websites and do not endorse them. Your use of linked websites is at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. General Conditions, Use and Acceptable Conduct
You represent and warrant that you are at least the age of 21. We reserve the right to refuse service to you for any reason at any time. You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from using the Site to engage in any activity that could harm our business or other users. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission by us. We reserve the right to terminate your access to the Site if you violate these Terms.

7. Infringement Claims
If you believe that any content on the Site infringes your intellectual property rights, please contact us at legal@bseglobal.net. We will investigate and take appropriate action as required by law.

8. Disclaimer of Warranties; Limitation of Liability
We provide the Site "as is" and without any warranties, express or implied. We are not liable for any damages arising from your use of the Site, including direct, indirect, incidental, or consequential damages. We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

In no case shall Brooklyn Wine Club, our affiliates, or any of our and their respective owners, members, managers, shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or the Service or any products procured using the Service, or for any other claim related in any way to your use of the Site, Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, Service or any content (or product) posted, transmitted, or otherwise made available via the Site or Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification
You agree to indemnify and hold us and our affiliates, and each of our and their respective successors and assigns, owners, members, managers, shareholders, officers, directors, agents, employees, contractors, attorneys, and representatives harmless from any claims, liabilities, or expenses arising from your use of the Site, the Service or any products procured using the Service, or violation of these Terms.

10. Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service, or the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or Site for violating any of the prohibited uses.
Unauthorized use of any Brooklyn Wine Club trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.

11. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York without regard to choice of law principles, and are intended to be as broad and inclusive as permitted by the laws of New York, and the parties agree to submit to the jurisdiction of the New York Courts in Kings County in connection herewith.

13. Contact Information
Questions about the Terms, Site, or Service should be sent to us at info@brooklynwineclub.com.