House of Love recognizes the importance of your privacy and We are committed to protecting the information We collect from you. The following privacy policy (the “Privacy Policy”) governs your use of the House of Love website, located at https://houseoflovecocktails.com/, which includes without limitations, the home page and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by House of Love. We may change the Privacy Policy from time to time and at any time without notice to you by posting such changes on the Site. By using the Site, you agree to the terms of this Privacy Policy, which are also incorporated by reference into the Terms of Service for use of the Site, located at https://houseoflovecocktails.com/terms/ , to which you must agree to in order to use the Site. We know that you care how information about you is used and shared, and We appreciate your trust that We will do so carefully and sensibly. By visiting the Site, you are accepting the practices described in this Privacy Policy.

What Information Do We Collect?

We collect information from you when you visit the Site, whether through the Site or via alternative means, including but not limited to completion of House of Love and House of Love documents and forms. In this section, We describe what types of personal data We collect, the ways We collect it, and how We use it. While We have tried to be complete, this list is not necessarily exhaustive, given that these activities can vary from time to time. When We collect information, We will tell you at the point of collection what information is required and what information is optional. We collect personal information both directly from the information you provide us with as well as automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies. This collection of information includes any information that can personally identify you. This information may include details such as your name, age, gender, email address, mailing address, phone number, credit card information, and you Internet Protocol (“IP”) address.

Information You Provide to Us

Examples of information that you provide us with include information collected from filling in forms on our Site, when subscribing to promotional communications, when reporting a problem with our Site, when responding to a survey, and records and copies of correspondence, including email addresses and telephone numbers, if you make contact with us.  The types of personal data typically collected by us may include the following, depending on your activities:

Contact information and Geographic Location, including name, title, street address (home, work, billing, shipping), postal code, country, telephone numbers (home, work, cell, etc.), email address (home, work), operating system, browser type, company name and other similar information, and your geographic location. Contact information also includes any third-party contact information you provide us with.

Personal/demographic information, including birthday/age/age group, gender, birth date, salary range, occupation, level of education, contest- or promotion-specific information.

Authentication information, including user IDs, log-in names, passwords, password reminders, etc. (in addition to other personal data such as contact information, birth date and the like).

Transactional and financial information, including payment information for purchases made through the Site and debit/credit card information.

Preferences, views and comments, including communication preferences, feedback in response to surveys, etc.

Participation information, including event attendance, sweepstakes/contest entries (including all information submitted on an entry), registrations, information relating to use of online communities and all other user submissions and content you provide.

Order placement and customized product requests, including user formulas, methodologies, trademarks, tradenames, copyrights, and all other intellectual property provided to us. This type of data will be stored on the Site and may be used in advertisements, marketing, promotional communications, and may be publicly available to other users as a featured product creation on the Site.

Information Automatically Collected Through Data Collection Technologies

As is the case with many websites, our Site may use cookies and other automated information collection means. Cookies are small files that a site or its service provider transfers to your computer hard drive through your web browser, if you allow, that enables the Site or service provider’s systems to recognize your browser and capture and remember certain information. Cookies also help us upgrade our Site by showing when and how users use our Site. You can set your browser to notify you when a cookie is sent or refuse cookies altogether, but certain features of our Site might not work without cookies. Where We use cookies or other similar technologies, We will seek your prior consent where required to do so by law. Where We use your email or other digital means to communicate marketing information to you, We will seek your prior consent where required to do so by law.

We may contract with third-party service providers to assist in better understanding Site visitors. These service providers are not permitted to use the information collected except to help House of Love conduct and improve our business. You may disallow receiving cookies at any time through your web browser. Although you may still use the Site if you reject cookies, some functionality, such as the shopping cart, may be limited. 

Our Site may also use IP addresses for the same purposes identified above, as well as to analyze trends, administer our Site, track users’ movements and online activity and gather broad demographic information for aggregate use.

We may use web beacons (also known as Internet tags or clear GIFs) on our Site to access and set cookies and otherwise help us to better understand how users are moving through our Site. Information provided by the web beacon includes the computer’s IP address, the type of browser being used, traffic data, location data, information about your computer and internet connection, and the time that the web beacon was viewed. We may also use web beacons in emails and newsletters so that We know when such communications have been opened and to otherwise help us tailor our communications to individual users. The information We collect automatically is statistical data and may contain personal information. It helps us to improve our Site and to deliver a better and more personalized service, by enabling us to:

Estimate our audience size and usage patterns

Store information about your preferences

Speed up your searches

Information Collected from Business Partners

We may collect personal data related to employees, directors, authorized signatories and other individuals associated with our existing or prospective business partners (collectively “Business Partners”). Information may be collected from Business Partners directly, from a company that employs Business Partners, from our affiliates, during networking events that We have either hosted, or sponsored, or attended; and/or from publicly available sources. We may collect personal data relating to our Business Partners’ employees, officers, authorized signatories, or other associated individuals. Information collected includes but is not limited to names, business addresses, business email addresses, business telephone numbers, business fax numbers, job title or role, business bank account details, date of birth, language of communication, date of first contact, and/or categorization as a business partner.

Information is Used in the Following Ways:

To personalize your experience: Your information helps House of Love to better respond to your individual needs and helps us to better understand the market in which We operate;

To improve the Site: We continually strive to improve the Site offerings based on the information and feedback We receive from you;

To improve customer service: Your information helps House of Love to more effectively respond to your requests and support needs;

To administer a contest, promotion, survey or other Site feature, to promote our goods and services, and to inform you of upcoming events;

To send periodic emails: The email address you provide for order processing may be used to send you information and updates;

To send periodic emails and text messages: The email address and telephone number you provide to us may be used by House of Love, including House of Love, and Affiliated Businesses (defined below) for marketing and promotional purposes;

To ensure security: Collection of your information helps to manage security, risk, and fraud prevention.

Who Do We Share Your Information With?

Information about our members, registrants, sponsors and exhibitors (collectively “Users”) is an important part of our business, and We are not in the business of selling it to others. We share customer information only as described below and with such entities that either are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. Data We collect may also be processed by staff operating outside the European Economic Area (the “EEA”) who work with us or for us, or for one of our affiliated companies, suppliers or service providers.

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include agencies providing marketing assistance, processing credit card payments, and providing User service. They have access to personal information needed to perform their functions but may not use it for other purposes.

Our marketplace is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to market products and services. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

Affiliated Businesses, Alcohol Suppliers and Product Owners: The personal information collected on the website is provided to the companies, namely, alcohol beverage suppliers and alcohol beverage brands, that own the products that you are purchasing from the Site (collectively, “Affiliated Businesses”). These businesses may be provided your name, address, email address, and phone number to send you promotional offerings. We cannot control and nor are We liable for contact attempts from these companies to you. Our Affiliated Businesses will process your data in compliance with the General Data Protection Regulation 2016/679 and any implementing legislation (the “GDPR”) and other relevant data protection laws.

Promotional Offers: Sometimes We send offers to users on behalf of other businesses. If you do not want to receive such offers, please let us know by contacting us at support@houseoflovecocktails.com 

Release: We release account and other personal information when We believe release is appropriate to comply with the law; enforce or apply our Terms & Conditions and other agreements; or protect the rights, property, or safety of House of Love Users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Transfers Outside the European Economic Area

If and when transferring your personal data outside the EEA (which consists of EU member states and Iceland, Lichtenstein and Norway), We will only do so using one of the following safeguards:

the transfer is to a non-EEA country which has an adequacy decision by the EU Commission;

the transfer is covered by a contractual agreement, which covers the GDPR requirements relating to transfers to countries outside the EEA;

the transfer is to an organization which has Binding Corporate Rules approved by an EU data protection authority; or

the transfer is to an organization in the US that is EU-US Privacy Shield certified.

You may request a copy of any relevant document in relation to transfers of your personal data outside the EEA by contacting us at support@houseoflovecocktails.com 

Your Rights

You are entitled to obtain information from us on how We handle your personal data, to see copies of all personal data held by us and to request that your personal data is amended, corrected or deleted from our systems. You can also limit, restrict or object to the processing of your data. We do not carry out any decision-making based solely on automated processing, including profiling. If you gave us your consent to use your data, e.g. so that We can send you marketing emails and texts, you can withdraw your consent at any time. Please note that even if you withdraw your consent, We can still rely on the consent you gave as the lawful basis for processing your personal data before you withdrew your consent. You can object to our use of your personal data. If you would like to exercise any of your above rights, contact at support@houseoflovecocktails.com

How Do We Protect Your Information?

The security of your personal identifying information (such as your credit card number) is important to House of Love. Therefore, We implement a variety of appropriate technical and organizational security measures to protect personal data from loss, misuse, unauthorized access, disclosure, or alteration. All supplied sensitive/credit information is transmitted via Secure Socket Layer (“SSL”) technology and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. After a transaction, your private information (credit card number, etc.) will not be stored on House of Love servers. Please keep in mind, however, there is no such thing as perfect security, and no Internet transmission is ever completely secure or error-free. Moreover, you are responsible for maintaining the confidentiality of any username and password you use, if applicable.

Do We Disclose Any Information to Outside Parties?

We do not sell, trade, or otherwise transfer to outside parties your personal identifying information. This does not include trusted third parties who assist in operating the Site, conducting business, sell products marketed on the Site, or servicing you, so long as those parties agree to keep this information confidential. However, non-personal identifying visitor information may be provided to other parties for marketing, advertising, or other uses.

Your Consent

By using this Site, you consent to this Privacy Policy and our Terms and Conditions incorporated herein by reference.

Children

Our website is designed to appeal to adults only. We do not knowingly solicit any information from children or people under the legal drinking age, nor do We knowingly market or otherwise target our websites or our products or services to children or people under the legal drinking age.

If We become aware that a visitor to our websites is a child or under the legal drinking age in the country or other territory in which he or she is located at the relevant time and has registered without verifiable parental consent, We will remove his or her personal information from our files.

 

Retention Period

We will keep and process your personal data only for as long as is necessary for the purposes for which it was collected in connection with your relationship with us, unless We have a legal right or obligation to retain the data for a longer period, or the data is necessary for the establishment, exercise or defense of legal claims.

Information About Us

In the present Privacy Policy, “We” or “us” means House of Love incorporated in Los Angeles. Our registered office and principal place of business is located at 6650 Hollywood Blvd Los Angeles, CA 90028. If you have any concerns about material which appears on our website or if you need to communicate with us, please contact us via the form on our website. For the purpose of the GDPR, We will be the data controller responsible for any personal information about you.

Changes to our Privacy Policy

If We decide to change the Privacy Policy, We will post those changes on this page. We reserve the right to modify this Privacy Policy at any time. If We make material changes to this Privacy Policy, We will notify you here, by email, or a notice on our homepage.

Legal Disclaimer

We reserve the right to disclose your personal identifying information as required by law and when We believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process, to operate the Site properly, or to protect ourselves or our users. 

Choice/Opt-Out

You may choose to have your name taken off the House of Love email lists or to “opt-out” of having your personal identifying information used for certain purposes, including but not limited to receiving additional marketing materials from House of Love via text and email.  If you no longer wish to receive marketing and promotional materials from House of Love, you may contact us via the contact form on our website. 

Unsolicited Materials:

Unless specifically requested, We do not solicit nor wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email, or in any other way.  Any unsolicited information or material submitted or sent to House of Love will not be deemed to be confidential or secret.

Posting Information to the Site

You are solely responsible for any information and other content you post on or through the Site. You understand that anything you post on or through the Site is generally accessible to and may be collected and used by others and may result in unsolicited messages or other contact from others. Users of any available forums are encouraged to exercise caution when providing information about themselves.

Consent to the Use of Cookies on This Website

We recognize the importance of your privacy and We are committed to protecting the information We collect from you. The following cookies policy (the “Cookies Policy”) governs your use of the House of Love websites, which includes without limitations, the home page and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by House of Love. This website uses cookies.  By using this website and agreeing to this policy, you consent to House of Love’s use of cookies in accordance with the terms of this policy. We will only set cookies on your device with your prior consent, if this is required by law. If you have consented to the use of cookies on our website, you have the right to withdraw your consent at any time.

About Cookies

Cookies are small files which often include an anonymous unique identifier sent by web servers to web browsers and stored by the web browsers which enable the site or service provider’s systems to recognize your browser and capture and remember certain information. The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, and the time spent at our website. There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

Why We Use Cookies

We use cookies to help us save your preferences for future visits, keep track of advertisements and compile aggregate data about website traffic and website interaction so that We can offer better website experiences and tools in the future. We may contract with third-party service providers to assist in better understanding website visitors. These service providers are not permitted to use the information collected except to help House of Love conduct and improve our business.

How We Use Cookies

Our website requires you to enter your date of birth and cookies allow us to remember the data you have entered, so that We do not need to ask you to re-enter information every time you browse to a different page of the website. We also use Google Analytics types of cookies which, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of our website are most popular. This helps us gather feedback so that We can improve our website and better serve our customers. We do not generally store any personal information that you provide to us in a cookie. Most of our cookies expire within 90 days although our analytics cookies may persist for two (2) to ten (10) years. If you delete cookies relating to this website, We will not remember things about you and you will be treated as a first-time visitor the next time you visit the site.

The purpose of cookies, such as Google Analytics cookies, is storing information such as the time you visit the website, and whether you have visited it before.

We may also use “Social Media” cookies to personalize your interaction with third party social media platforms, such as Instagram and Facebook, where our website uses such features. Such cookies recognize users of these social media sites when you view social media content on our website. They also allow you to quickly share content across media, through the use of simple “sharing” buttons. We use the following Social Media cookies: Twitter, Facebook, Instagram, YouTube, LinkedIn, Pinterest, and Tumblr.  For further information about those Social Media cookies please see here:

http://www.facebook.com/help/cookies

https://twitter.com/privacy

https://www.instagram.com/legal/cookies/

https://www.youtube.com/static?template=privacy_guidelines

https://www.linkedin.com/legal/cookie-policy

https://policy.pinterest.com/en/cookies

https://www.tumblr.com/policy/en/privacy

 

Blocking Our Use of Cookies 

You can block our use of cookies by activating the settings in your browser but in order to use certain services offered through our website, your web browser must accept cookies. Please visit All About Cookies where you can find comprehensive information on cookie management and blocking for a wide variety of browsers.

 You may disallow receiving cookies at any time through your web browser. Although you may still use the site if you reject cookies, some functionality may be limited. Most browsers allow you to refuse to accept cookies:

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

In Google Chrome, you can adjust your cookies settings by clicking the “Chrome Menu” on the browser tool bar, “Settings”, “Show Advanced Settings”, “Privacy”, “Cookies” and select your preferred setting.

SMS Privacy Policy

We value your privacy and the information you consent to share in relation to our SMS service. We use this information to send you text notifications (for your order, including abandoned checkout reminders and order updates), and transactional texts.

Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Your California Privacy Rights

DO NOT TRACK

As of January 1, 2020, subject to certain limitations under applicable law, California residents can request access to and deletion of their personal information.  

Sale of Personal Information:

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our websites in an effort to serve you content and advertisements that may be of interest to you. The categories of personal information that may have been disclosed in this manner include: Identifiers, Protected Classifications, Commercial Information, Online Activity, Geolocation Data, and Inferences. We share these categories of personal information for online advertising purposes as described in this Privacy and Cookie Policy.

California Consumer Privacy Rights

If you are a California resident, please see the California Consumer Privacy Rights Statement for more information about our privacy practices and your rights.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS REGARDING YOUR USE OF THE HOUSE OF LOVE WEBSITE www.houseoflovecocktails.com.

The use of this website and services on this website provided by House of Love Cocktails (“Company” or “House of Love”) are subject to the following Terms & Conditions (“Agreement.”). This Agreement shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”).

1. DEFINITIONS

a) COMPANY: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Products on it available to users. House of Love, Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

b) CLIENT: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User or Client.

c) PARTIES: Collectively, the parties to this Agreement (the Company and Client) will be referred to as Parties.

2. ASSENT & ACCEPTANCE

By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website to you if you assent to this Agreement.

3. ACCESS TO THIS WEBSITE.

You must be twenty-one (21) years or older to use this Website. If you are under twenty-one (21) years of age, you are not permitted to access this Website for any reason. By using this Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. All content, offers and promotions on this Website are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use. You agree that Company shall not be responsible for any liability arising from the alleged illegality of products offered to you via this website.  Any governmental employee, agency, or agent must identify themselves to the operators of Company upon their entering the Website. The shipper reserves the right to request a scan of any customer’s photo ID for age verification before shipping any item.

4. LICENSE TO USE WEBSITE.

The Company may provide you with certain information as a result of your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website (“Company Materials”). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

5. INTELLECTUAL PROPERTY.

You agree that the Website, all content on the Website (including all designs, texts, graphics, pictures, video, information, and their selection and arrangement), and all Services provided by the Company are the exclusive property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. You may not use, replicate, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, any Company IP without our prior written consent, which may be withheld in our sole discretion. For so long as you are eligible to use the Website and you act in accordance with the terms of this Agreement: (i) You are granted a limited license to access and use the Website solely for your personal non-commercial use; and (ii) You are granted a limited license to access, use, download, or print a copy of any portion of the website content to which you have properly gained access solely for your personal non-commercial use. You must never download or republish any website content or Company IP on any Internet website and you must not incorporate any related information into any other database or compilation; and, any other use of the website content or Company IP is strictly prohibited. Such limited license is subject to all terms of this Agreement. Any use inconsistent with this Agreement shall result in termination of all licenses granted herein. In addition, the Company will take legal action in connection with any violation of this Agreement. Any use of the Website, Company IP, or any website content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. This Agreement does not purport to transfer any license to any intellectual property right, whether by grant, estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.

6. USER OBLIGATIONS.

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy and security of this information.  You must not share your identifying user information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us.  Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

7. ACCEPTABLE USE.

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of the Company.

8. PRIVACY INFORMATION.

Our policies relating to the privacy of any information gathered or transmitted on our Website are included in our Privacy Policy, which is fully incorporated herein by reference. By continuing to use the Website, you agree to be bound by our Privacy Policy and all future amendments, modifications, and changes thereto.

9. ASSUMPTION OF RISK.

You acknowledge and agree that any information posted on our Website is not intended to be legal advice and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website.

10. SALE OF GOODS/SERVICES.

The Company may allow third parties to offer goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions, pricing and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk. 

We do not sell, offer to sell or solicit sales of alcohol. Our Website enables you to search online for alcohol and other products available for sale by alcohol beverage licensees including retailers, wineries and other parties permitted to sell alcohol directly to consumers (“Licensees”). The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location; if you prefer, you may sort and filter results based on search criteria. Our service may be limited or not available at all in some places due to local law or other restrictions.

When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.

Title to, and ownership of, all alcohol beverages passes from a Licensee to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, houseoflovecocktails.com is providing a service to and acting on behalf of the purchaser. By utilizing this service from houseoflovecocktails.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of alcohol beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

11. ORDERS & DELIVERY.

Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Website (c) accepting or rejecting all customer orders, (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders, if applicable, and (e) providing customer service, including but not limited to by informing customers of any lost, unprocessed, or mishandled orders and facilitating order cancellations. House of Love shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.

Delivery is the sole responsibility of the Licensee. House of Love is not responsible for delivery of orders.

12. REVERSE ENGINEERING & SECURITY.

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

13. DATA LOSS.

The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website is at your own risk.

14. INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

15. SPAM POLICY.

You are strictly prohibited from using the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

16. THIRD-PARTY LINKS & CONTENT.

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services that may be linked from our Website now or in the future. The Company provides third-party links as a convenience only and does not sponsor or endorse any of these sites or their contents. Company is not responsible for the content of and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.

Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. Nonetheless, the Company seeks to protect the integrity of its Website, and therefore requests any feedback on sites to which it links, including if a specific link does not work.

17. MODIFICATION & VARIATION.

The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

c) In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

18. ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

19. SERVICE INTERRUPTIONS.

The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

20. TERM, TERMINATION & SUSPENSION.

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

21. DISCLAIMERS

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE OF LOVE AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE (COLLECTIVELY, “WORKS”). THE WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.

22. LIMITATION ON LIABILITY.

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT HOUSE OF LOVE AND ITS RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO ACCESS THE WEBSITE, (C) INABILITY TO USE THE SERVICE, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OF THE WEBSITE, OR (III) INABILITY TO USE THE SERVICE (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA IS LIMITED TO THE SUM OF $10. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

23. GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website, you agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in New York, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

d) CLASS ACTION WAIVER: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

e) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

f) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

g) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

h) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

i) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

j) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics and epidemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

k) ELECTRONIC COMMUNICATIONS PERMITTED: We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Website satisfy any legal requirement, if any, that such communications be in writing.

24. YOUR CONSENT

By using our Website, you consent to our Terms of Use.

25. SMS TERMS OF SERVICE

a. Upon opt-in House of Love will only text you with updates regarding your order, including reminders to complete your transaction.

b. You can cancel the SMS service at any time. Just text “STOP” to the number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

c. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@houseoflovecocktails.com

d. Carriers are not liable for delayed or undelivered messages

e. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will immediately receive 1 text after opting in. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

f. If you have any questions regarding privacy, please read our privacy policy: https://houseoflovecocktails.com/privacy-policy/

Questions? Please Contact Us via the contact form on our website. 

California Proposition 65

The following message is provided for customers from California on behalf of California retailers:

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