Age Limitations. Although our website is a general audience site, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect personal information from children under the age of 13.
Your License. CorkageFee is pleased to grant you a non-exclusive limited license to use the CorkageFee Services, including searching, accessing, and interacting with the Content, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by CorkageFee in writing. You may not incorporate the Content into, copy, stream, or retransmit the Content via, any hardware or software application unless expressly permitted by CorkageFee in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by CorkageFee. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. This prohibition applies even if you intend to give away the derivative materials free of charge.
Embedding Content. Where CorkageFee has incorporated an embed option in connection with Content on the CorkageFee Services, you may embed content provided you do not embed the Content on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to CorkageFee (in CorkageFee‘s sole discretion), or (ii) links to infringing or unauthorized content. You may not embed the Content into any hardware or software application, even for non-commercial purposes. CorkageFee reserves the right to prevent embedding to any website or other location that CorkageFee finds inappropriate or objectionable (as determined by CorkageFee in its sole discretion).
Ownership. You agree that CorkageFee owns and retains all rights to the CorkageFee Services. You further agree that the Content you access and view as part of the CorkageFee Services is owned or controlled by CorkageFee and CorkageFee licensors. The CorkageFee Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the CorkageFee Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the CorkageFee Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the CorkageFee Services, Content, and embedding restrictions detailed above, and further agree that you will not access the CorkageFee Applications or use the CorkageFee Services in a way that:
If CorkageFee determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the CorkageFee Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the CorkageFee Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the CorkageFee Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you post or otherwise send spam, advertising, or other unsolicited communications of any kind through the CorkageFee Services, you acknowledge that you will have caused substantial harm to CorkageFee and that the amount of such harm would be extremely difficult to measure.
Downloads. In order to participate in certain CorkageFee Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the CorkageFee Services (including the Content and the devices through which the CorkageFee Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that CorkageFee may do so in CorkageFee’s sole discretion. You also agree that CorkageFee will not be liable to you for any modification, suspension, or discontinuance of the CorkageFee Services.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
For the avoidance of doubt, you agree that you may not (without limitation):
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the CorkageFee Applications and the CorkageFee Service and its content. You also acknowledge and agree that CorkageFee may remove or reclaim your username at any time if CorkageFee in its absolute discretion considers such action appropriate.
Ongoing Subscription. Your CorkageFee Business Services subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the CorkageFee Business Services . We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews in order to avoid billing of the next cycle’s membership fees to your Payment Method.
Recurring Billing. By starting your CorkageFee Business Services subscriptions, you authorize us to charge you a membership fee at the then current rate, and any other charges you may incur in connection with your use of the CorkageFee Business Services to your Payment Method. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages when you login to the CorkageFee.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for the CorkageFee Business Services using your account with a third party (i.e., Facebook, or similar account) as a Payment Method, and wish to cancel your CorkageFee Business Services subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the CorkageFee Business Services . You may also find billing information about your CorkageFee Business Services subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your CorkageFee Business Services subscription at any time, and you will continue to have access to the CorkageFee Services through the end of your monthly billing period. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation.
Copyright. The CorkageFee Applications, including all content provided on the CorkageFee Services, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
CorkageFee will make reasonable efforts to keep the CorkageFee Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. CorkageFee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the CorkageFee Service with or without notice.
If you are a copyright holder who believes that any of the products, services or content which are directly available via the CorkageFee Service are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to CorkageFee’s designated copyright agent at the following address:
Attn: Legal Department
PO BOX 453531
Miami, FL 33145
A notification of claimed copyright infringement must be addressed to CorkageFee’s copyright agent listed above and include the following:
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE CORKAGEFEE SERVICES, YOU AGREE THAT USE OF THE CORKAGEFEE SERVICES IS AT YOUR OWN RISK. THE CORKAGEFEE SERVICES, INCLUDING THE CORKAGEFEE SITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CORKAGEFEE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE CORKAGEFEE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL CORKAGEFEE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “CORKAGEFEE PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE CORKAGEFEE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE CORKAGEFEE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE CORKAGEFEE SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CORKAGEFEE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE CORKAGEFEE SERVICES (INCLUDING YOUR USE OF THE CONTENT). CORKAGEFEE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.