Terms & Conditions 2018-06-14T13:34:21+00:00

Terms and Conditions

Welcome CirqueduSoleilWine.com! If you continue to browse and use this website, you are agreeing to comply with and be bound by our Terms and Conditions of use, which together with our Privacy Policy govern Cirque du Soleil Wine’s relationship with you in the context of this website. You must be 21 years of age or older to enter this site.

TERMS OF WEBSITE USE

For the purposes of this document, “company” is defined as Cirque du Soleil Wine.  The following are terms of a legal agreement (“Agreement”) between you and Company. These terms and conditions apply to a user (“user,” “you,” or “your”) who accesses, browses and/or otherwise uses this Web site (“Site”) and/or the services provided by this Site (“Services”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site. If you have any questions regarding this Agreement, or any agreement or document herein incorporated, please contact Company at [email protected]  (This email address is only for usage questions, please do not send customer service questions via this address.) Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offense under the Computer Fraud and Abuse Act 1986. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you to check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

OTHER COUNTRIES

WE CONTROL AND OPERATE THE SITE FROM OUR OFFICES IN THE UNITED STATES OF AMERICA. WE DO NOT REPRESENT THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. PERSONS WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THAT TERRITORY.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Company respects the intellectual property of others, and we ask our Users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringes. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    Company may be reached for notice of claims of copyright or other intellectual property infringement can be reached as follows: By email:

Copyright Agent
Cirque du Soleil Wine

250 West 57th Street
Suite 1101
New York, NY 10107
Email: [email protected]

 

STATUTE OF LIMITATIONS


YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE, THE SERVICES, OR THIS AGREEMENT (OR ANY OTHER AGREEMENT INCORPORATED HEREIN), MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR FOREVER BE BARRED.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

LIMITATION OF LIABILITY

CIRQUE DU SOLEIL WINE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE.  IN NO EVENT SHALL CIRQUE DU SOLEIL WINES  OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY CIRQUE DU SOLEIL WINES  OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

INDEMNIFICATION

You shall defend and indemnify CIRQUE DU SOLEIL WINE and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CIRQUE DU SOLEIL WINE 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 WINE.COM SITE, THE USE OR PERFORMANCE OF THE CIRQUE DU SOLEIL WINE  SITE, THE DELAY OR INABILITY TO USE THE CIRQUE DU SOLEIL WINE  SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CIRQUE DU SOLEIL WINES  SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CIRQUE DU SOLEIL WINE  SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CIRQUE DU SOLEIL WINE  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CIRQUE DU SOLEIL WINE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CIRQUE DU SOLEIL WINE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CIRQUE DU SOLEIL WINES ’S LIABILITY OR YOUR REMEDIES.

Your use of the Cirque du Soleil Wine site is governed by the Cirque du Soleil Wine Privacy Policy.

We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. How to contact us in rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.  If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

You must be 21 years of age or older, to order or receive alcoholic beverages from CIRQUE DU SOLEIL WINE. By placing your order online, you represent to us that you are at least 21 years of age and that the person receiving the wine is at least 21 years of age.  The individual receiving delivery will be required to show identification proving that he or she is at least 21 years old.  Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated).  Wines purchased from CIRQUE DU SOLEIL WINE are not for resale, and are for personal consumption only.

LINKS

Cirque du Soleil Wine site may contain links to other web sites or resources. You acknowledge and agree that Cirque du Soleil Wine 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 Cirque du Soleil Wine site does not imply that Cirque du Soleil Wine endorses the linked site.

Cirque du Soleil Wine may ship the products by ground or air at our discretion (these options do not correspond to any carrier-branded shipping services. Cirque du Soleil Wine carriers usually do not pick-up or deliver packages on weekends or holidays.

WINE IS A PERISHABLE COMMODITY

Extremes of temperature—cold, heat, or humidity—may adversely affect the condition of your wine during shipment or home storage.  CIRQUE DU SOLEIL WINE is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment or after delivery to you.  When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes your responsibility.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws’ provisions.  You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over New York City, New York, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.

ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION

CIRQUE DU SOLEIL WINE may at any time modify these Terms of Use in our discretion without notice.  Your use of this website will be conditioned upon the Terms of Use and Privacy Policy posted on our site at the time of your use.  Please be sure to review our Privacy Policy before proceeding to use our website.

If you have any concerns about material which appears on our site, please contact

Thank you for visiting our site.

COPYRIGHT © CIRQUE DU SOLEIL WINE. ALL RIGHTS RESERVED.
Cirque du Soleil and Sun Logo are trademarks owned by Cirque du Soleil and used under license.