Terms of Use

 

 

This Terms of Use govern your use of our service on the website and mobile app.

 

 

Updated: November 17, 2014

Please read this before using services offered by CorkageFee.com.. CorkageFee.com and its subsidiaries and affiliates (collectively, “CorkagFee”)  provide you services (collectively, “CorkageFee Services”) as used in this Privacy Policy, means the service for finding corkage fees, rating and reviewing restaurants for the wine experience, and other content (collectively, the “Content”) we think would be of interest to you, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service provided on CorkageFee’s website, web, mobile, and software applications (collectively, “CorkageFee Applications”).

Certain CorkageFee.com Services are provided to you free-of-charge. There are some other CorkageFee Services provided to businesses, and advertisers that will require payment by you. The CorkageFee Services that may be accessed after payment are referred to currently as “CorkageFee.com Business Services.” There is certain information in these Terms that relate only to CorkageFee.com Business Services and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to CorkageFee.com Business Services, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to “CorkageFee Services” throughout this Terms of Use are intended to include CorkageFee.com Business Services). If you are not a subscriber of CorkageFee.com Business Services, then Section 4 does not apply to you.

These Terms of Use govern your use of our service.

1.    Contract formation

By creating a CorkageFee account, either through CorkageFee or a third party such as Facebook, Inc (“Facebook”), you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in the United States, that any registration information that you submit to CorkageFee is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the CorkageFee Privacy Policy.

2.    Access and Use of the CorkageFee Services

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:

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  • uses technology or other means to access, index, frame or link to the CorkageFee Services (including the Content) that is not authorized by CorkageFee (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, capture, linking,  reproduction, access to, or distribution of the CorkageFee Services);
  • involves accessing the CorkageFee Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the CorkageFee Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damages, disables, overburdens, impairs, or gains unauthorized access to the CorkageFee Services, including CorkageFee’s servers, computer network, or user accounts;
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the CorkageFee Services (including the Content);
  • uses the CorkageFee Services to advertise or promote services that are not expressly approved in advance in writing by CorkageFee;
  • collects personally identifiable information in violation of CorkageFee’s Privacy Policy;
  • encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • violates these Terms or any guidelines or policies posted by CorkageFee;
  • interferes with any other party’s use and enjoyment of the CorkageFee Services; or
  • attempts to do any of the foregoing.

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.

3.    Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

  • copy, reproduce, “record, make available to the public or otherwise use any part of the CorkageFee Service or its content (including but not limited to images and text) in a manner not expressly permitted under this Agreement;
  • sell or attempt to sell any invite to access the CorkageFee Service, or resell any code used to access the CorkageFee Service;
  • provide your password to any other person or use any other person’s user name and password;
  • reverse-engineer, decompile, disassemble, modify or create derivative works based on the CorkageFee Service or any part thereof;
  • circumvent any technology used by CorkageFee, its licensors, or any third party to protect content accessible through the CorkageFee Service;
  • rent or lease any part of the CorkageFee Service;
  • use the CorkageFee Service in a way that violates the terms of this Agreement;
  • circumvent any territorial restrictions applied by CorkageFee;
  • artificially increase play count or otherwise manipulate the CorkageFee Service by using a script or other automated process;
  • import any local files which you have not legally acquired into the CorkageFee Service; and
  • copy any local files which you have not legally acquired onto your mobile handset or other device.

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.

4. Subscriptions

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.

Differing Subscriptions. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with CorkageFee by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Billing

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.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your membership and each term thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your CorkageFee Business Services membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “View billing details” link on the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly, or, year or yearly, refers to your billing cycle.

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.

 5.    Intellectual Property

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.

6.    Technology Limitations and Modifications

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.

7.    Copyright Infringement

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:

CorkageFee.com
Attn: Legal Department
PO BOX 453531

Miami, FL 33145
legal@CorkageFee.com

A notification of claimed copyright infringement must be addressed to CorkageFee’s copyright agent listed above and include the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  2. Specific identification of each copyrighted work claimed to have been infringed;
  3. A description of where the material believed to be infringed is located on CorkageFee Service or the CorkageFee Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.    DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

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.

9.    Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

10.    Changes to Terms of Use

We reserve the right to change or modify this Terms of Use or any of our tools or services at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to this policy by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this website for the latest information on our privacy practices. If you do not accept the terms of this Terms of Use, we ask that you do not register with us and that you do not use the CorkageFee website. Please exit the CorkageFee Applications immediately if you do not agree to these Terms of Use.

11. Contacting CorkageFee

If you have any questions about our terms of use, please email legal@CorkageFee.com