Terms of Use

These terms and conditions of use ("Terms of Use") apply to your use of services or features on the site owned and controlled by Splash Wines, Inc. d/b/a Vine Oh! (“Vine Oh!”), including www.vineoh.com. Splash Wines, Inc. owns and controls other sites, namely splashwines.com, and these terms of use do not apply to those sites – those sites are governed by their own terms of use.

Please read these Terms of Use carefully. They contain important information about your rights and obligations. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Vine Oh! may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. Your continued use of the Site following such change will indicate your acceptance of the Terms of Use.

These Terms of Use govern both your use of the Site and your membership and participation in Vine Oh!’s programs through the Site.

Your Use of the Site

Prohibited Acts
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any Vine Oh! server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Vine Oh!, including any Vine Oh! account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Vine Oh!’s systems or networks, or any systems or networks connected to the Site or to Vine Oh!.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Vine Oh! on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Vine Oh! or others.

You may access the content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as permitted here.

Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright © 2017 Vine Oh!, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Vine Oh! and protected by U.S. and international copyright laws. All software used on the Site is the property of Vine Oh! or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Vine Oh!, using the Interactive Services or using the Site as a shopping resource. Any other use of materials on the Site--including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party site, transmission, display or performance--without the prior written permission of Vine Oh! is strictly prohibited.

Trademarks

VineOh.com and all page headers, custom graphics and button icons are service marks, trademarks, and trade dress of Vine Oh! and may not be used in connection with any product or service that is not offered by Vine Oh! in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vine Oh!. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Vine Oh! Purchases

Vine Oh! Account Registration
You may visit and shop on the Site without registering, but to make an online purchase of Vine Oh! products, you must register at www.VineOh.com. All information that you provide to register is subject to the Privacy Policy. Upon registration, you will receive a Vine Oh! account and become eligible.

Payment and Shipping Methods

We currently accept VISA, MasterCard, Discover and American Express. We do not accept prepaid cards. For your convenience, we will save your credit card or debit card so you will have the option to use it for future shipments and charges. A saved credit card will be required for all subscription orders.

You agree to keep us up to date with accurate member information, including your name, address, and payment information. You further agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us.

Vine Oh!’s headquarters is located in Idaho. Taxes will also be charged in states as required by law. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

Shipping, return and exchange of any merchandise ordered through the Site or in connection with your subscription are subject to the Vine Oh! Shipping and Return Policies. The risk of loss and title for items purchased by you pass to you upon Vine Oh!'s delivery of the items to the carrier pursuant to the Vine Oh! Shipping Policy.

Replacement of products for shipped merchandise claimed as not received are subject to our investigation, which may include, but not be limited to, postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your subscription.

Orders returned to Vine Oh! will be charged shipping fees and may be charged restocking fees.

Vine Oh! Subscription Program

You may become a Vine Oh! box subscriber by providing the requested registration information and submitting it to Vine Oh! through Vine Oh! sites or applications. You will be required to select your wine preference and payment terms, and also provide a valid email address, payment and shipping information. Vine Oh! box Subscribers will receive a box containing two bottles of wine and other rejuvenating and fun surprises (a “Vine Oh! box”). Vine Oh! boxes are specially curated and products are non-customizable.

Once you have placed your first order and become a Vine Oh! box subscriber, you will automatically become a recurring subscriber and will immediately be billed for the first box and will receive that quarter’s Box or an introductory Oh! Now! Box. The Oh! Now! Box is offered in between quarters. The specific box you receive as a first-time subscriber is subject to availability. Thereafter, your credit card will be charged $64.99 (plus applicable tax) up to two weeks in advance of the subsequent seasonal Box processing date, and every season (so, a total of five times per year) thereafter.

If you choose to pay annually for your subscription, you will receive the same Boxes as you would under quarterly payment terms. If you sign up for the Annual payment terms, you will be billed $299 (as a non-refundable minimum purchase) for a term of twelve months and five boxes. Annual payment plans automatically renew annually and, unless you cancel prior to the renewal processing date, you will be charged for the next annual Membership Term up to two weeks before the then-current Box is shipped. Renewal processing is on or around the anniversary of the date the annual subscription was purchased.

To send your Vine Oh! box to another address, log in to My Account, select Vine Oh! box, and update the shipping address to which you want the product shipped.

As a subscriber, we will email you notice when the Vine Oh! box is processing. Any changes to subscription membership must be made prior to order processing. Changes received after order processing will take effect to the next box’s shipment.

We will automatically charge to your saved default card each time a Vine Oh! box is processed, unless you notify us otherwise. If your payment is unsuccessful, we will continue to attempt to process payment for your Vine Oh! box at our discretion. If your payment method reaches its expiration date and you do not edit your payment information or cancel your account, your order will be placed on hold and we will not process it. Our customer service team will contact you to update your credit card information.

We will do everything to make your subscription as satisfying as possible. You are free to cancel your subscription at any time by emailing customerservice@vineoh.com or calling customer service at 1-844-795-3828. Your cancellation will go into effect for the following billing cycle. There are no cancellation fees. Canceling your account does not entitle you to a refund for any paid boxes, nor does it stop a pending charge. Annual subscription cancellation requests will go in effect at the end of the annual term. Annual subscriptions are prepaid for one year and are nonrefundable.

We may terminate your subscription, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other subscribers, customers or our business interests, or for an inactive account.

Subscriber Consent To Communications

As a Vine Oh! box Subscriber, you agree to receive transaction emails and other marketing communications announcing your box collection and promoting any special offer(s). You can opt out of such marketing communications – see our Privacy Policy. You can also log in to My Account to change your settings or contact customer service.

Vine Oh! SMS Alert & Notification Service

If you enroll in Vine Oh!'s SMS Alert and Shipment Notification Services, you will be subscribed to receive text messages from Vine Oh! containing shipment status details about your Vine Oh! orders. Message frequency depends upon your account activity and number of purchases. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. Vine Oh! and the mobile carriers are not liable for delayed or undelivered messages.

Vine Oh! does not charge a separate fee for this service; however standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participate in this service, you approve any charges imposed by your mobile carrier. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this, you can send an email to customerservice@vineoh.com. If you have any questions regarding privacy, please read our Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Product Information

Vine Oh! products on the Site are priced in U.S. Dollars and prices are valid and effective only in the U.S.

You must be 21 to purchase.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Vine Oh!.

All material and information presented by Vine Oh! is intended to be used for personal, educational or informational purposes only. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

You may not sell or resell any products you purchase or otherwise receive from Vine Oh!. Promotions with a promotional code are for personal use only. Vine Oh! reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Vine Oh! in its sole discretion.

Although Vine Oh! has tried to accurately display the products on the Site, the actual colors and sizes you see will depend on your monitor or screen and may not be accurate.

If you are not satisfied with the products you receive, please call: 1-844-795-3828 or email: customerservice@vineoh.com and subject to our obligations under these terms of use, we will make it right.

Warning: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to www.P65Warnings.ca.gov. For a list of products go to: www.prop65bpa.org. Warning: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol

Use Of Our Interactive Services

We want to know what you think of the Vine Oh! products you've tried, bought, know and love! We encourage you to use those portions of our Site that permit commentary or submission of content, our Facebook pages and other of our social media (“Interactive Services”).

When writing a product review or posting a comment on our Interactive Services, please focus on the product and your individual experience using it, and provide details about why you like or dislike it.

Vine Oh! does not endorse any Content or any opinion, recommendation or advice expressed therein, and Vine Oh! disclaims all liability with respect to the Content.

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Site.

You agree to provide true, accurate, current and complete information about yourself and in the messages and other information you post. By participating in our Interactive Services, you agree not to post: confidential, abusive, threatening, defamatory, illegal or adult content; advertisements or solicitations of funds, goods, or services or any other form of spam; or any information that may or will infringe another party’s rights. You agree not to impersonate any person or entity, and not to collect or store personal data about other users.

We reserve the right to terminate your use of the Interactive Services or remove any posting or other information that you post that it deems inconsistent with its policies.

Any comments, suggestions, ideas, notes, drawings, concepts, designs, or other material you offer to us through the Interactive Services or the Site will be declared and will remain our property. Please understand that we may have internal and external resources that have already developed, or will develop, ideas similar to your suggestions or comments. You agree that Vine Oh! will be entitled to unrestricted use of your submitted Content for any purpose whatsoever—commercial or otherwise—without compensation to you or any provider of the suggestions.

For any Content that you submit, you grant Vine Oh! a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Vine Oh! the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• 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;
• Your name, address, telephone number and email address (if available); and
• 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 are authorized to act on the copyright owner's behalf.

Wine-Specific Conditions

Legal Requirements

You must be 21 years of age or older, to order or receive alcoholic beverages from Vine Oh!. 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 Vine Oh! are not for resale, and are for personal consumption only.

Minimum Purchase

No minimum purchase is required.

Shipping Costs

All subscription orders and individual orders will be delivered via ground shipping service.

Wine is a Delicate Commodity

Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Vine Oh! is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.

General

International Visitors to Our Site
The Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. Products are not available to be shipped outside the United States.

Third Party Sites

We may post content or invite your feedback on third party sites such as www.facebook.com/vineohbox, www.twitter.com/vineohbox, pinterest.com/vineohbox, www.instagram.com/vineohbox ("Third Party Sites"). Vine Oh! does not control those Third Party Sites, and these Terms of Use do not apply to or govern companies that Vine Oh! does not own or control, or to the actions of people that Vine Oh! does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Fraud Protection

We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Disclaimer of Warranties

VINE OH! IS PROVIDING THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE INTERACTIVE SERVICES, ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VINE OH! DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, VINE OH! DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT.

Limitation of Liability

Vine Oh! will not be liable for any damages of any kind arising out of or in connection with the use of the site or the interactive services. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth in the preceding paragraph. If, notwithstanding the other provisions of these Terms of Use, Vine Oh! is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site, any Content or the Interactive Services, Vine Oh!’s liability shall in no event exceed US $100.00 or the value of Vine Oh! product you received or purchased, whichever is less. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Vine Oh! (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Interactive Services.

Reservation of Rights

Vine Oh! reserves the right, at any time, without notice and in its sole discretion, to terminate your use of the Interactive Services and the Site. Consistent with our Privacy Policy, Vine Oh! may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Vine Oh! and its employees, its users and the public.

If your violation will cause irreparable harm to Vine Oh!, for which monetary damages would be inadequate, you consent to Vine Oh! obtaining any injunctive or equitable relief that Vine Oh! deems necessary or appropriate in such circumstances without posting a bond. These remedies are in addition to any other remedies Vine Oh! may have at law or in equity.

Applicable Law and Forum

Missouri law governs these Terms of Use, without giving effect to any principles of conflicts of laws. You agree to the personal jurisdiction by and venue exclusively in the state and federal courts in Kansas City, Missouri, and waive any objection to such jurisdiction or venue.

Our Headquarters

Splash Wines, Inc. d/b/a Vine Oh!
52 N Palmetto Ave, Suite #106
Eagle, ID 83616