Terms and Conditions

Franklin Hospitality Group LLC

Last updated: January 07, 2022

Franklin Hospitality Group LLC, along with their corresponding brands (collectively, “The Franklin House Bed and Beer”, “The Franklin House Wine Club”, “our,” “us,” or “we”), authorize the use of this Site to users who are of the legal age of drinking alcohol.

Our terms and conditions (“Terms of Use”) apply to this Site and any other mobile websites and apps of our affiliated brands when you use:

  • Our Site or any of our affiliated websites

  • Purchase from our Site

  • Subscribe to our newsletters or mailing list, or wine club programs

  • Signup for our events

  • Register for our offers and promotions

  • Participating in our social media platforms such as Facebook, Instagram, Twitter, Pinterest, and more.

  • Any additional in-person or online correspondence with us

 

We have the right to change or amend our Terms of Use frequently as we post the new agreement on our Site. Therefore, we recommend carefully reading these Terms of Use before purchasing from our Site. When you buy our products and use our services, you indicate complete acceptance of our Privacy Policy and Terms of Use. That may also include any additional terms governing certain products and services and other legal notices applicable to this Site. All expressly incorporated by reference or otherwise. If you disagree with our Terms or any changes, please don’t use our Site.

 

Restrictions

You may access this Site if you are above 21 years old. That’s the age considered legal for drinking alcohol in the United States. If you are below this age, please, don’t use this Site.

Any U.S. resident or non-resident that agrees to our Privacy Policy and these Terms of Use, can use our Site. The Site targets the United States residence and audiences, also governed by U.S. laws. When you use this Site and its features, you represent and attest that:

1. Information given is accurate and truthful.

2. You will continue to maintain the accuracy of such information.

3. You are over 21 years of age.

4. While using our Site and features, you do not violate any laws, rules, and regulations applicable.

 

Copyright, Trademarks & Other Intellectual Property Rights

All the content in this Site that includes limitations, designs, images, texts, graphics, and audio & video materials is our ownership. Including copyrights, trade names, logos, trademarks, and intellectual properties, and proprietary rights. It is all owned and licensed by us from third parties (“proprietary material”). Under the United States laws, all these proprietary materials are protected, even under international treaties. Particularly under trademarks and copyright laws. The unauthorized use of these materials will violate the copyright or other laws. The only exception is the limited license, printing materials that are non-commercial and intended for private use. However, to copy, reproduce, use, display, or distribute these proprietary materials violates our terms.

 

All the rights under the respect of Proprietary Materials endure as our exclusive property. Other than the use of private or non-commercial purposes, we prohibit any other service or reproduction of our contents (including trademarks) unless you send us prior consent. We reserve any ungranted rights hereunder.

 

Registration

Upon registration on our Site, we store your frequently used information and other identifiable data to streamline your check-out. We shall need a valid credit card with your name, billing address, and phone number when purchasing. Such information, like your shipping address, can remain on our Site. We shall protect the information provided on our Site and use it per the Privacy Policy.

Purchasing Wines

We will only sell and deliver our wines to persons above 21 years of age. When you place an order, you ensure; (a) you are 21 years or older; (b) the recipient of wine is of age (above 21 years).

Acceptable forms of payment for wine membership include: 

  • Debit or Credit Card

  • Any form of digital payment that is accepted by our software. 

We do not accept payment for wine club membership or purchases in cash or check.

 
Cancelation Policy

In the case that you wish to cancel your membership, you must reach out to our customer support by email at fhwineclub@gmail.com. If your cancellation request is received after the 25th of the month, your membership will be canceled at the end of the preceding month. Upon membership cancellation, you forfeit your current membership rate and all membership privileges. We reserve the right to cancel any membership at any time. 

 
Returns and Exchanges

There will be no returns and refunds allowed except for any bottle of wine or product(s) that is damaged or spoiled at the time of delivery.

Use of Information/Materials

You can download our information, and other materials on our Site is when you meet the below conditions:

  • When you intend to use the materials for private or non-commercial purposes, and not for commercial use.

  • You will only use these materials lawfully; there will be no copyrighting or any similarity regarding our property rights or any of our third parties.

  • You shall only use our Site for legal purposes—no unlawful, harassment, libelous, abusive, threatening, obscene, or invasive behavior.

  • You will agree to full compliance with our laws, rules, and regulations when using our Site.

We shall take the appropriate action for any illegal activity or unauthorized use of our Site. These are not limited to:

  • Collecting usernames or email addresses to send unsolicited email;

  • use unauthorized framing by you;

  • participating in tortious and criminal activities that may include spamming, fraudulent, spamming, copyright, and patent infringement or sending viruses with the intention of harming others, disrupting, or interfering with the Site’s services, creating an undue burden of the website or other networks connected to the Site. These include and are not limited to “flooding,” “mailbombing,” “crashing” the website to circumvent security measures. Violating the limit of access and authorization given to you hereunder;

  • impersonification;

  • using someone else’s password, username as applicable, or discloses your personal information such as password, to any third party. And permitting others to access your account;

  • taking payments in exchange for performing commercial activities through the Site, on behalf of the third parties such as display of commercial information on the Site;

  • using data mining techniques, spiders, robots, or other automated devices. Programs to catalog, download, distribution of Site’s content, or intention to manipulate the Site;

  • deciphering, decompiling, reverse engineering, or disassembling the website;

  • using an inconsistent manner on Site that does not adhere to the applicable rules and regulations. You must never resell, access to, and use our Site for a third party of any kind without our written consent.

Having unauthorized use of our Site may immediately lead to legal action. It also terminates your right of service on our Site.

 
User-Generated Content

In the future, the Site may include contents such as videos, photos, graphics, text, and other information that you may:

  • 1. Put on our Site or brand pages.

  • 2. Identifying us in a hashtag, gives us a chance to use it.

  • 3. Tagging us on social media platforms.

You can only tag us if you are a United States resident, 21 years and above unless specified otherwise. You represent:

  1. You are the User Content owner that uses to tag us, or you are solely posting on our sites and our other brand pages. Otherwise, have the right to give the license set herein;

  2. Your User Content should not violate several rights such as privacy, publicity, intellectual property, or any other rights that may affect any person;

  3. Any User Content posted on our Site or affiliated brands should not breach the contract between you and the third-party or otherwise violate the rules and regulations. Sometimes we may need proof of permission depicted in your User Content from third parties. You agree to pay for all monies, fees, or royalties that you may owe any person for the User Content post placed on our Site or brand pages.

  4. When using our Site, tools, or other communication application, create content, you agree only to post proper materials related to the forum presented by a particular section of the Site.

We may remove and terminate any commercial advertisements found on our Site or affiliate links and any other solicitation form without notice. Types of Prohibited User Content considered illegal in our Site or our brand pages include and are not limited to;

User content that:

  1. Patently offensive and fosters racism, hatred, bigotry, any kind of physical harm towards any individual.

  2. harassment, or advocating it to any person.

  3. exploitation, and sexual harassment. Has offensive subjects that include “masked” profanities.

  4. solicited information from other people, or any advertisement, and “spam.”

  5. Issuing any telephone number, addresses, URLs, and email addresses.

  6. Providing misleading information or engaging in illegal activities such as obscene, defamatory, threatening, or using abusive language.

  7. Including or promoting the copyrighted work of another person.

  8. Promoting criminal activities or facilitating the illegal mission

  9. Post someone else’s picture without their consent.

  10. Using materials or software that contain viruses, codes, and programs that intend to destroy any computer software or hardware functionality.

 

Any of the above-stated activities will result in the removal and termination of privileges without any notice.

We may screen and monitor User Content from time to time to check our Terms of Use’s compliance, although it’s not our obligation to do so. We still have the right to reject any post, remove or edit any user content at our sole discretion. Also, to restrict, terminate, suspend your access to any part of our Site, any time, with no prior notice or liability. We can also revoke or remove your registration, restrict, and terminate your site use if we deem it right. Our sole discretion is to remove and delete your account if we find you to be a threat to the Site and the users. We are not responsible or obligated to remove or modify any inappropriate User Content. We also assume no responsibility for the users submitting such User Content. therefore, you are solely responsible for anything you post on the website or brand pages. You will bear consequences for these conducts.

We won’t take ownership of the User Content posted to our Site of brand pages. You retain ownership of your User Content posts and have the right to use your User Content. However, you choose. When you submit your User Content on our sites, including brand pages, you give us irrevocable right to transfer, perpetuate, non-exclusive, paid-up, and use of the worldwide license. We can copy, display, modify, edit, or even distribute your information and User Content. We can prepare derivative works, incorporate them into different pieces, grant and authorize sub-licensees, of the stated above, with no compensation.

After submitting your User Content to all our Site of brands, you waive the right to approve the use of such User Content. And we don’t accept unsolicited ideas or suggestions, not limited to promotions, advertising, or how to merchandise our products. In this Policy, you cease the right to share your thoughts or concerns about the User Content.

As per this Policy, you submit ideas voluntarily to this Site. You understand and acknowledge that such statements will not be confidential. The company will have no obligation or implicated to consider it.

We shall have the right to use such ideas, concepts, know-how, and any User Content techniques. That can be for any purpose whosoever, globally in any platform or for developing, marketing products, manufacturing, marketing services that incorporate this User-Content.

Procedure for Making U.S. Claims of Copyright Infringement

We do commit to comply with the copyright fully and any related laws. And we also require the users of our Site to comply with these laws. You should not store materials or content on or distribute any materials, or content over, the Site. You should avoid such manners that constitute a violation of third-party intellectual property rights. That includes the rights given by copyright law. You should not post, distribute, or reproduce copyrighted material, trademarks, or any proprietary information that belongs to other people.

Please, you must first obtain the prior written consent of the owner of such materials. As per our Policy, we can terminate the privileges of those users who repeatedly infringe on others’ copyright. That is after we receive proper notification from the copyright owner or their legal agents.

Sometimes the victims of copyrighted work, when reporting the alleged infringement, might take advantage of particular provisions from the Digital Millenium Copyright Act of 1998. We recommend that you contact us as soon as you find any infringing message. And as we receive proper notice of infringement under the DMCA, we shall respond efficiently, remove, and disable the access of the material claimed to be infringing. We shall diligently follow the procedure of resolving the issue as specified in the DMCA. Below is our designated agent to whom you should address such notices.

Please provide the following information to our agents if you are a victim of copyright or infringement:

  • 1. A signature (electronic or physical) of the person authorized to represent the copyrighted material or intellectual property owner.

  • 2. Provide a full description of your copyrighted work or any infringed intellectual property. If you have multiple copyrighted works on only one website, you can get a representative list of that work.

  • 3. An accurate description of the location where your materials are.

  • 4. All your contact details, including address, phone number, and email.

  • 5. A statement that says you believe that the disputed use is unauthorized by the copyright or their agents or law.

  • 6. Bring a statement you made under penalty of perjury, stating that the information put in your report is accurate and you are the copyright or intellectual property owner. It shows that you are the one authorized to act on behalf of the victim’s copyright or other intellectual property.

 

No Warranties

USING THE SITE WILL BE AT YOUR OWN RISK. IT IS ON “AN AS” IS BASIS. UP TO THE FULL EXTENT ALLOWED BY LAW, WE DO NOT REPRESENT, NOR WARRANT THE ACCURACY, RELIABILITY, AND COMPLETENESS OF THIS SITES’ CONTENT OR ANY OTHER SITE LINKED TO THIS SITE. THE CHANGES MAY HAPPEN FROM TIME TO TIME TO THE INFORMATION HEREIN;

WE/OR OUR RESPECTIVE AGENTS MAY CHANGE THE PRODUCT(S), OR SERVICE(S) PROVIDED AND THE PROGRAM(S) OFFERED IN OUR SITE ANYTIME. WE DO NOT HAVE TO UPDATE THE SITE OR THE CONTENT HEREOF, THAT IS TO THE FULL EXTENT THAT THE LAW PERMIT US; WE WILL NOT BE RESPONSIBLE OR LIABLE TO ANY UPDATE OR FAILURE FOR SUCH INFORMATION.

UP TO THE FULL EXTENT THAT THE LAW PERMITS US, WE DISCLAIM THE WARRANTIES, EXPRESSED, OR IMPLIED, THAT MAY INCLUDE WITHOUT LIMIT; THE WARRANTY FOR NON-INFRINGEMENT OR TITLE, IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, SECURITY, ACCURACY, PERFORMANCE, AND ANY FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT GUARANTEE OR WARRANTY THE SOFTWARE AVAILABLE IN OUR SITE IS COMPATIBLE WITH YOUR COMPUTER. AND THAT IT IS FREE FROM VIRUSES. AND WE CANNOT GUARANTEE UNINTERRUPTED SECURITY ACCESS TO OUR SITE.

 

Indemnification

You agree to hold us, defend, indemnify our subsidiaries, contractors, business partners, affiliates, and any other respective officers and employees, any loss, liability, claim, demand, or harmless from any loss. No request that may include attorney’s fee that may arise from the third party due to the use of the Site. Violation of these terms of use or breach (have but not limited to breaching the rights of your representation, warranties set forth herein, or are applicable by law).

 

Links to Other Sites

All the third-party links to our Site will solely link to your convenience. If you choose to use those links, you will be out of our Site. The terms here do not apply to the website that you reach through the links. We haven’t reviewed the sites linked to our Site, and we cannot control nor be responsible for the content on those sites. Therefore, we cannot endorse or represent these third parties’ sites or the content they put there. Accessing these websites will be at your own risk.

 

Drink Responsibly

Excessive consumption of alcohol is dangerous, and it may have personal social, and health consequences. We commit to encouraging responsible consumption by ensuring that we communicate through our products by not showing or encouraging excessive consumption or any misuse of such kind. In general, we commit to promoting the responsible advertising of our products, as we encourage improved advertising standards for the entire industry.

Alcoholic Beverages include, With no Limit to, Beverages, Beer, Malt, Distilled Spirits, and Wine.

WARNING: Drinking alcoholic drinks while pregnant such as distilled Spirits, Coolers, Beer, Wine, and others, May Cause Birth Defects. It is likely to increase the risk of cancer.