WELCOME
TO OUR
TERMS OF USE
These are the rules of use and engagement for this website as they pertain to all entities under Stars and Serendipity LLC, and any and all of its entities or dba's.
NOTICE/ TERMS OF USE AGREEMENT
This website (“SITE”) and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully, as this is a contract. By using the SITE, you agree to these terms of use; if you do not agree, you are not authorized to use the SITE.
Ally Brown, The Whine Bar, Stars & Serendipity LLC, its dba's and or its affiliates and subsidiaries (hereafter “THE COMPANY”) reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, and/or information and materials contained on the SITE at any time without notice to you and the posted information on this SITE may not immediately reflect such changes. By accessing the SITE you assume responsibility to check these Terms of Use, and/or information and materials contained on the SITE periodically for changes. Your continued use of the SITE following the changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, THE COMPANY grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the SITE.
THE COMPANY reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the SITE, or any portion of the SITE, for any reason; (2) to modify or change the SITE, or any portion of the SITE, and any applicable policies or terms; (3) to interrupt the operation of the SITE, or any portion of the SITE, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and or (5) to terminate access of any user in its sole discretion, for any reason or no reason.
DISCLAIMER OF WARRANTIES
This SITE, including any content or information contained within it or any SITE-related service, is provided “as is”, with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this SITE, SITE-related services, and hyperlinked websites.
THE COMPANY, its affiliates, subsidiaries, licensors and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the SITE, SITE-related services, content, or information contained within the SITE, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the SITE, SITE-related services, and/or hyperlinked websites is to stop using the SITE and/or those services.
Although THE COMPANY attempts to ensure the integrity and accurateness of the SITE, it makes no guarantees whatsoever as to the correctness or accuracy of the SITE. It is possible that the SITE could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the SITE by third parties. In the event that an inaccuracy arises, please inform THE COMPANY so that it can be corrected. Information contained on the SITE may be changed and or updated without notice. In the event of inaccurate price or description of a product, THE COMPANY will contact the customer with accurate information and/or price difference if the product has been purchased.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the SITE is owned, controlled or licensed by or to THE COMPANY with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this SITE are the trademarks, service marks or logos of their respective owners.
THE COMPANY may have trademarks, services marks or registered trademarks of THE COMPANY, which are proprietary marks of THE COMPANY or its affiliates. THE COMPANY’s proprietary marks may not be used in connection with any product or service that is not provided by THE COMPANY in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE COMPANY or Allyson Brown.
Except as expressly provided in these Terms of Use, or in any supplemental agreement, no part of the SITE and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website, or other medium, for publication or distribution or for any commercial enterprise, without THE COMPANY’s express prior written consent.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SITE or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the SITE or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the SITE. Company reserves the right to bar any such activity.
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 Company 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 THE COMPANY.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SITE or THE COMPANY systems or networks, or any systems or networks connected to the SITE or to THE COMPANY.
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 THE COMPANY 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 any 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 Company or others.
You may not use this SITE for any abusive or illegal purpose. You may not harm others in any way. You may not use the SITE to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Company reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You may not use the SITE in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) that you know contains Viruses; (5) that you know will materially damage, disable, overburden or impair the SITE or any other party’s use of the SITE; or (5) that you know contains links to any SITEs that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the SITE to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.
THE COMPANY does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user. Notwithstanding anything within this provision or these Terms of Use, THE COMPANY reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of THE COMPANY.
LINKS TO OTHER SITES
This SITE may contain links to other independent third-party Websitess (“Linked SITEs”). These Linked SITEs are provided solely as a convenience to SITE visitors. Such Linked SITEs are not under Company’s control, and THE COMPANY is not responsible for and does not endorse the content of such Linked SITEs, including but not limited to any information or materials contained on such Linked SITEs. You will need to make your own independent judgment regarding your interaction with these Linked SITEs. In addition, a hyperlink to a non-Company Website does not mean that THE COMPANY endorses or accepts any responsibility for the content or the use of the linked SITE. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
PROPRIETARY RIGHTS
All copyrights to elements and graphics are retained by THE COMPANY with all rights reserved. No other use is hereby authorized.
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.
PRIVACY
By using the SITE, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the SITE may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LIMITATION OF LIABILITY
Except when prohibited by law, in no event will THE COMPANY be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if THE COMPANY has been advised of the possibility of such damages.
Notwithstanding the other provisions of these Terms of Use, if THE COMPANY is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the SITE or any Content, the aggregate liability of Company shall in no event exceed One Hundred US Dollars US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify, defend and hold THE COMPANY, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the SITE.
VIOLATION OF THESE TERMS OF USE
THE COMPANY may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the SITE, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) THE COMPANY’s rights or property, or the rights or property of visitors to or users of the SITE, including THE COMPANY’s customers. THE COMPANY reserves the right at all times to disclose any information that THE COMPANY deems necessary to comply with any applicable law, regulation, legal process or governmental request. THE COMPANY also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that THE COMPANY may preserve any transmittal or communication by you with THE COMPANY through the SITE or any service offered on or through the SITE, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of THE COMPANY, its employees, users of or visitors to the SITE, and the public.
You agree that THE COMPANY may, in its sole discretion and without prior notice, terminate your access to the SITE and/or block your future access to the SITE at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to THE COMPANY for which monetary damages would be inadequate, and you consent to THE COMPANY obtaining any injunctive or equitable relief that THE COMPANY deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies THE COMPANY may have at law or in equity.
If THE COMPANY does take any legal action against you as a result of your violation of these Terms of Use, THE COMPANY will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to THE COMPANY. You agree that THE COMPANY will not be liable to you or to any third party for termination of your access to the SITE as a result of any violation of these Terms of Use.
GOVERNING LAW
These Terms of Use are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules that would give rise to application of the substantive law of another jurisdiction. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in Iredell County in the State of North Carolina, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
THE COMPANY respects and expects its users to respect the rights of copyright holders. On notice, THE COMPANY will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Report of Copyright Infringement
Stars & Serendipity LLC
c/o Ally Brown
VOID WHERE PROHIBITED
Although this SITE is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the SITE are available to all persons in all geographic locations or appropriate or available for use outside the United States. THE COMPANY reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the SITE is void where prohibited. If you choose to access the SITE from outside the United States, you do so on your initiative and are solely responsible for complying with applicable local laws.
NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this SITE, you warrant to THE COMPANY that you will not use the SITE for any purpose that is unlawful or prohibited by these Terms of Use.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between THE COMPANY and you pertaining to the subject matter of this Agreement. In its sole discretion, THE COMPANY may modify these Terms of Use by posting the revised version on this SITE and you agree that each visit by you to this SITE is a new transaction governed by the terms of use linked on this SITE at that time.
Last Updated: April 2024