Terms of Use

Consent to Terms

These Terms of Use will govern your use of our Hickory Farms, Inc. Website or any features of this site, including, but not limited to, online ordering, placing testimonials or requesting catalogs (collectively, "Hickory Farms Website"). By using the Hickory Farms Website, you agree to be bound by these Terms of Use and the Privacy Policy. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Hickory Farms Website. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective upon posting. Your continued use of the Hickory Farms Website following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Copyrights

The contents of the Hickory Farms Website are protected by U.S. and international copyright laws. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Hickory Farms Website without the prior written consent of Hickory Farms. All rights not expressly granted in these Terms of Use are reserved to Hickory Farms.

Rules of Use of the Hickory Farms Website

By using the Hickory Farms Website, including by submission of comments, photographs, e-mails or other content or materials, on or through the Hickory Farms Website, you agree to the following rules:

You must be at least eighteen (18) years of age to post, upload, transmit or submit for posting on the Hickory Farms Website or for use in any media, any content, materials or personally-identifying information, participate in any online contests or place an order through the Hickory Farms Online Shop

You may not post, upload, transmit or submit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights or that constitutes hate speech.

You may only post, upload, transmit or submit materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.

You may not post, upload, transmit or submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Hickory Farms Website to distribute chain letters, mass mailings, "spam" or otherwise duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Hickory Farms Website.

By posting, uploading, transmitting or submitting any content or material on or through the Hickory Farms Website, you hereby grant Hickory Farms a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sub-license, modify, transmit, publicly perform or display that content or material, and your name and location (city, state and/or country) if you provide that information to us, in connection with that content material, in all media, whether or not now known, and pursuant to any other license terms that may otherwise be set forth in these Terms of Use.

Any non-personal communication or material you transmit to the Hickory Farms Website by electronic mail or otherwise, including any photographs, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Hickory Farms and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Hickory Farms is free to use for any purpose whatsoever (including, but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting the information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Hickory Farms' use will not violate any third party's rights or otherwise place us in breach of any applicable laws.

By using the Hickory Farms Website, you agree to abide by these rules. You acknowledge that Hickory Farms has the right to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Hickory Farms Website or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Hickory Farms has the right to limit or terminate your or any other person's access to or registration in the Hickory Farms Website for any reason, including violation of these Terms of Use.

The Sale of Alcoholic Beverages

Hickory Farms does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. Hickory Farms makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from Hickory Farms is over the age of 21. You also agree that any alcohol purchased from Hickory Farms is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Hickory Farms will prosecute you fully to the extent allowable by law.

Title and Ownership

Title to, and ownership of, all wine passes from Hickory Farms 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 wine, Hickory Farms is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Hickory Farms, 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 wine. 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 wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

Indemnity

You agree to indemnify and hold Hickory Farms and its subsidiaries, affiliates, officers, agents, employees, partners and licencors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any comments, photographs, material or other content you submit, post, transmit or otherwise make available through the Hickory Farms Website, your use of the Hickory Farms Website, your violation of these Terms of Use, or your violation of any rights of another.

SMS

Message frequency varies. This service is optional and is not a condition for purchase. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the below procedures.

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart reminder messages.

You further acknowledge that no purchase is required to opt into this communications service, and you may opt out at any time by following instructions from Hickory Farms. To discontinue receiving SMS messages from Hickory Farms at any time, reply STOP or text STOP to 26187, call 1-800-391-0444 or email techsupport@wunderkind.co. For help, reply HELP or text HELP to 26187, call 1-800-391-0444 or email techsupport@wunderkind.co.

Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis.

Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.