Terms of Use

Welcome to VINOCRAWL.COM ("Vino Crawl"). Travel Barrel LLC DBA Vino Crawl provides its Vino Crawl website (the "Web Site") to you subject to the following conditions. If you visit or shop at VINOCRAWL.COM, you accept these conditions. Please read them carefully. In addition, when you use any current or future Travel Barrel service or business you also will be subject to the guidelines, terms and agreements applicable to such service or business ("Terms"). If these conditions are inconsistent with such Terms, the Terms will prevail.

PRIVACY

When you visit VINOCRAWL.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ELECTRONIC COMMUNICATIONS

LICENSE AND SITE ACCESS

Travel Barrel grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Travel Barrel. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Travel Barrel. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Travel Barrel without express written consent. You may not use any meta tags or any other "hidden text" utilizing Travel Barrel' name or trademarks without the express written consent of Travel Barrel. Any unauthorized use terminates the permission or license granted by Travel Barrel. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VINOCRAWL.COM so long as the link does not portray Travel Barrel, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Travel Barrel logo Vino Crawl logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Should Travel Barrel sell any of its products to children, Travel Barrel does so under the assumption that it sells them to adults, who can purchase with a credit card or other permitted payment method. Travel Barrel reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

MODIFICATION OF THESE TERMS OF USE

Travel Barrel reserves the right to change the terms, conditions, and notices under which the Vino Crawl Web Site is offered, including but not limited to the charges associated with the use of the Vino Crawl Web Site.

LINKS TO THIRD PARTY SITES

The Vino Crawl Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Travel Barrel and Travel Barrel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Travel Barrel is not responsible for webcasting or any other form of transmission received from any Linked Site. Travel Barrel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Travel Barrel of the Web Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Vino Crawl Web Site, you warrant to Travel Barrel that you will not use the Vino Crawl Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Vino Crawl Web Site in any manner which could damage, disable, overburden, or impair the Vino Crawl Web Site or interfere with any other party's use and enjoyment of the Vino Crawl Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Vino Crawl Web Site.

USE OF COMMUNICATION SERVICES

The Vino Crawl Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:•Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.•Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.•Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.•Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.•Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.•Conduct or forward surveys, contests, pyramid schemes or chain letters.•Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.•Restrict or inhibit any other user from using and enjoying the Communication Services.•Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.•Harvest or otherwise collect information about others, including e-mail addresses, without their consent.•Violate any applicable laws or regulations.

Travel Barrel has no obligation to monitor the Communication Services. However, Travel Barrel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Travel Barrel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Travel Barrel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Travel Barrel' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Travel Barrel does not control or endorse the content, messages or information found in any Communication Service and, therefore, Travel Barrel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Travel Barrel spokespersons, and their views do not necessarily reflect those of Travel Barrel.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TRAVEL BARREL OR POSTED AT ANY TRAVEL BARREL WEB SITE Travel Barrel does not claim ownership of the materials you provide to Travel Barrel (including feedback and suggestions) or post, upload, input or submit to any Travel Barrel Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Travel Barrel, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Travel Barrel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Travel Barrel' sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

RISK OF LOSS

All items purchased from Travel Barrel are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to a carrier upon our delivery of the item to the carrier, and then to you upon acceptance of delivery from the carrier.

PRODUCT DESCRIPTIONS

Travel Barrel is doing its utmost to make sure that all product descriptions are as accurate as possible. However, Travel Barrel does not warrant that product descriptions or other content of this Web Site is accurate, complete, reliable, current, or error-free. If a product offered by Travel Barrel itself is not as described, your sole remedy is to return it in an unused condition. For avoidance of doubt, you will not, under any circumstances, be eligible to monetary or other compensation of any kind, except reimbursement of the funds actually paid for such product.

PRICING

Except where noted otherwise, the listed price as displayed relating to products on our Web Site include the full retail price listed on the product itself, as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent "open-stock" prices, which mean the aggregate of the manufacturer's/supplier's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the list price may be provided by the merchant. With respect to items sold by Travel Barrel, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Travel Barrel. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item. All listed prices DO NOT include sales tax (taxable products are marked with a "T" and the amounts are only visible during the check-out process).

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Vino Crawl web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Travel Barrel and/or its suppliers may make improvements and/or changes in the Vino Crawl web site at any time. Advice received via the Vino Crawl web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Travel Barrel and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Vino Crawl web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Travel Barrel and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Travel Barrel and/or its suppliers be liable for any direct, 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 use or performance of the Vino Crawl web site, with the delay or inability to use the Vino Crawl web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Vino Crawl web site, or otherwise arising out of the use of the Vino Crawl web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Travel Barrel or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Vino Crawl web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Vino Crawl web site. Service Contact: info@travelbarrel.com

TERMINATION/ACCESS RESTRICTION

Travel Barrel reserves the right, in its sole discretion, to terminate your access to the Vino Crawl Web Site and the related services or any portion thereof at any time, without notice. Use of the Vino Crawl Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Travel Barrel as a result of this agreement or use of the Vino Crawl Web Site. Travel Barrel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Travel Barrel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Vino Crawl Web Site or information provided to or gathered by Travel Barrel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Travel Barrel with respect to the Vino Crawl Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Travel Barrel with respect to the Vino Crawl Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT NOTICE

All content included on this Web Site including without limitation, all graphics, logos, text, images, audio clips, digital downloads, data compilations, and software, are the property of Travel Barrel LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Web Site is the exclusive property of Travel Barrel and protected by U.S. and international copyright laws. ©Copyright 2012 Travel Barrel LLC DBA Vino Crawl and/or its subsidiaries and/or its suppliers. All rights reserved.

TRADEMARK NOTICE

Vino Crawl is a trademark of Travel Barrel LLC. Other names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any trademark rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.

ALL INQUIRIES WHICH DO NOT FOLLOW THE WRITTEN NOTIFICATION FORMAT BELOW WILL RECEIVE NO RESPONSE. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "My copyrighted work is the content that appears at http://www.VINOCRAWL.COM". If multiple copyrighted works are covered by your notification, you may provide a representative list of such works.

Identify the URL or other specific location on the Vino Crawl Web Site provided by us that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://WWW.VINOCRAWL.COM/".

Include 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.

Include a statement by you that the information contained in your notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.

Include the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf along with your name, mailing address, telephone number and email address. Please submit your written notification to our Designated Copyright Agent by fax, mail, or email as set forth below:

Travel Barrel LLC DBA Vino Crawl
Gary Pollakusky
53 Westchester Drive
Rocky Point, NY 11778
Phone: 516-782-1293
Fax: 516-784-5224
Email: info@travelbarrel.com

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Vino Crawl Web Site and/or application is infringing.

APPLICABLE LAW/DISPUTES

The use of this Web Site shall be governed by the laws of the State of New York without regard to its conflict of laws provisions that would defer to or result in the application of the substantive law of another jurisdiction, and the Federal and State courts of New York shall have exclusive jurisdiction over all claims.

CHANGES TO THIS PRIVACY STATEMENT

Travel Barrel will occasionally update these Terms. Travel Barrel encourages you to review these Terms each time you log on to the Web Site to be aware of such changes which may effect your usage of the same.

The Terms were last updated September 26, 2014.