1. Terms & Conditions: Binding Agreement

THESE TERMS & CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME AS PROVIDED HEREIN (the “Terms”) ARE A BINDING AGREEMENT (the “Agreement”) BETWEEN YOU (“you”) and CORKRULES INC., A NEW YORK CORPORATION (“CorkRules” or “we”), THE OWNER OF THE “CORKRULES” APP (the “App”) AND OF THE WEBSITE CORKRULES.COM (THE “Website”), AND THE TERMS APPLY TO THE APP AND THE WEBSITE, AS WELL AS ANY SERVICES PROVIDED BY CORKRULES VIA THE APP AND/OR THE WEBSITE (the App, the Website and such services together being the “CorkRules Properties”).  By downloading or using any of the CorkRules Properties the Terms automatically apply to you, and you should therefore make sure that you read them carefully before using any CorkRules Properties.  If you are under age 18, you may only use the CorkRules Properties with the consent of your parent or legal guardian.   If you are under 18 please be sure your parent or legal guardian has reviewed and discussed the Terms with you.  

CorkRules may make changes to the Terms from time to time, in its sole discretion, by updating this posting on the App or on the Website, and specifying the effective date of the new version of the revised Terms, or by electronically sending you a copy of the revised Terms. Your continued use of any of the CorkRules Properties following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the App or the Website you should check to see if a new version of the Terms have been posted.

 

2.  Registering Your Account

In order to access certain features of the CorkRules Properties you may be required to register as a user thereof with CorkRules.  In registering an account with CorkRules you agree to (a) provide true, accurate, current, and complete information about yourself (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (i) of legal age to form a binding contract, and (ii) not a person barred from using the CorkRules Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your account (“Account”) with CorkRules. You may not share your Account or any password with anyone, and you agree to (y) notify CorkRules immediately of any unauthorized use of your password or any other breach of security, and (z) follow all rules of CorkRules regarding your use of the Account.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or if CorkRules has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, CorkRules has the right to suspend or terminate your Account and refuse any and all current or future use of the CorkRules Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree not to create an Account or use the CorkRules Properties if you have been previously removed by CorkRules or if you have been previously banned from any of the CorkRules Properties.  

 

3.  License and Use of App and Other CorkRules Properties

Subject to your compliance with the Terms  CorkRules grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal purposes.

The CorkRules Properties are to be used for general informational and entertainment purposes only. The information provided via the CorkRules Properties represents the opinions and perspectives of a variety of contributors and users (“Users”) of the CorkRules Properties, and you should assume that CorkRules has not independently verified the accuracy, thoroughness, or relevance of the content available via the CorkRules Properties.  All of the content and information appearing via the CorkRules Properties is subject to the disclaimers set forth below.

 

4.  Limits On Use

You are not allowed to in any way copy or modify the App or the Website, any part of the CorkRules Properties, or any information or contents (including the CorkRules trademarks and logos, and any copyright notices) provided via the CorkRules Properties except as specifically permitted in writing by CorkRules.  You are not allowed to attempt to extract the source code of the CorkRules Properties, and you also should not attempt  to translate the CorkRules Properties into other languages or to make derivative versions thereof of, or of any content provided via, the CorkRules Properties. The App and the Website, and all the trademarks, copyright, database rights, and other intellectual property rights related to them, shall, as between you and CorkRules, at all times belong to CorkRules, and you will not take any actions in derogation thereof.  All  third party copyrights, trademarks, logos and brand names referred to in the CorkRules Properties are the property of their respective owners, and you will not take any actions in derogation thereof.

 

5.  Right to Revise CorkRules Properties and Charge for Use of CorkRules Properties

CorkRules reserves the right to make changes to the CorkRules Properties or to impose or modify any charges for the use of the CorkRules Properties, at any time and for any reason.  However CorkRules will not impose or modify the charges for the CorkRules Properties without prior notice being given to you (which may include providing such notice via the CorkRules Properties, or electronically sending you a written notice thereof).

 

6.  Your Responsibilities 

The App and/or the Website store and process personal data that you or others have provided to us.  It is your responsibility to keep your phone, tablet and computer and access to the CorkRules Properties secure, and CorkRules therefore recommends that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. Doing so could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the CorkRules Properties will not  work properly or at all.

The CorkRules Properties may use third-party services, and may enable you to link to third party sites, and you will be responsible for and shall read all terms of use and other like terms applicable to such third-party services and third party sites, and you agree to abide by all such terms.

You should be aware that there are certain functions and processes that CorkRules will not be responsible for.  For instance, certain functions of the CorkRules Properties will require the App or the Website to have an active internet connection, which you must obtain and pay for. The connection can be Wi-Fi or provided by your mobile network provider, but CorkRules takes no responsibility for the CorkRules Properties  not working at full functionality if you do not have access to Wi-Fi, or you have insufficient  data allowance available to you.

If you use the CorkRules Properties outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider may still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the CorkRules Properties, or you may incur other third-party charges. In using the CorkRules Properties you accept responsibility for any such charges, including roaming data charges if you use the CorkRules Properties outside of your home territory (i.e. region or country) without turning off data roaming, and CorkRules will have no liability for any such charges. If you are not the bill payer for the device on which you are using the CorkRules Properties, please be aware that CorkRules assumes that you have received permission from the bill payer for using the CorkRules Properties.

Along the same lines, CorkRules cannot and does not  take responsibility for the manner in which  you use the CorkRules Properties (and all such use must be in accordance with the Terms).

CorkRules  accepts no liability for any loss, direct or indirect, and you hereby release CorkRules, for any losses you incur,  as a result of your use of the CorkRules Properties.

 

7.  Updates to the App or the Website

CorkRules has the right, from time to time, and without notice,  to update the App and/or the Website, and you agree to always accept updates to the App and the Website offered to you (and CorkRules will have no liability to you whatsoever for damages you may incur from use of the CorkRules Properties after failing to download any such updates).  CorkRules reserves the right to cease  providing the CorkRules Properties, either temporarily or permanently, and CorkRules may terminate use of them at any time without giving notice of termination to you (and, in any event, CorkRules may immediately end your use of the CorkRules Properties should you breach any of the Terms).  Unless CorkRules tells you otherwise, upon any termination of your access to the CorkRules Properties (a) the rights and licenses granted to you in the Terms will immediately end, and (b) you must stop using the CorkRules Properties, and (if needed or instructed by CorkRules to do so) delete it from your device.

 

8. User Generated Content;  Representations and Warranties

You will be able to interact with the CorkRules Properties (and may be able to interact with other Users) including by (a) obtaining reviews and information regarding wines, restaurants or other products or services provided by CorkRules or parties other than CorkRules (such as other Users), and (b) posting or submitting comments, content, information, ideas, questions, reviews, ratings, photos, images, videos, sounds, text, data, links and location information, sending emails and other communications on and to the App and/or the Website or otherwise via the CorkRules Properties, and  engaging in discussions (all “User Generated Content”).  By submitting or posting any User Generated Content you represent and warrant to and agree with CorkRules that (i) such User Generated Content does not contain any confidential or proprietary information of any other party, you have all necessary rights to submit the User Generated Content, and the posting and use thereof by CorkRules or any other party as permitted herein does not and will not infringe or violate any third party rights of any kind and will not subject CorkRules to any suits, actions, investigations, claims or proceedings, (ii) if CorkRules so chooses, it may use, revise and disclose User Generated Content in any way and make and use derivative works therefrom, (iii) CorkRules has no obligation to pay or reimburse you for the User Generated Content or any use of the same (including any derivative works), and (iv) CorkRules may delate any User Generated Content from the CorkRules Properties at any time.  

You agree that you will not accept or solicit payment in consideration of providing User Generated Content, and you may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own restaurant or business or any restaurant or business of your employer, friend, relative or a competitor.  Further, you will not post or provide any ratings or reviews that are intended or designed to artificially enhance, diminish, or otherwise alter the ranking(s), rating(s), and/or review(s) of any wines, wineries, or retailers or artificially enhance, diminish, decrease, degrade, or otherwise alter the ranking(s), rating(s), and/or review(s) of any third party wines, wineries, or retailers.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Generated Content.

In addition to the foregoing, by using the CorkRules Properties you agree that you will not post, submit or distribute any User Generated Content or other content that:

a.  is defamatory, abusive, threatening or disruptive, or could be deemed an invasion of a right of privacy of another person;

b.  is bigoted, hateful or otherwise offensive;

c.  is violent, vulgar, obscene, pornographic or otherwise sexually explicit;

d.  can reasonably be expected to harm any person or entity;

e.  is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or

f.  interferes with any person or entity's use or enjoyment of the CorkRules Properties.

CorkRules cannot and does not assure that other Users of the CorkRules Properties will comply with the Terms, and, as between you and CorkRules by using the CorkRules Properties you assume all risk of harm or injury resulting from any such lack of compliance.  Please note too that other Users may search for, see, use, modify, and reproduce any of your User Generated Content that you submit to any “public” area of the App or the Website, and that CorkRules will have no liability to you for the same.

 

9.  Ownership of Rights For User Generated Content; License Rights

You hereby grant CorkRules a royalty-free, perpetual, freely transferable, freely sublicensable (through unlimited levels of sublicense), irrevocable, non-exclusive license, throughout the universe, to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed (and CorkRules may license others, for payment or without payment, to do the same). You also hereby waive any privacy or publicity rights  or any similar rights in an individual’s name or likeness and you hereby waive any moral rights you may have in User Generated Content under the laws of any jurisdiction. You hereby appoint CorkRules as your agent with full power to enter into and execute any document and/or do any act it may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Terms. You agree that if you post your user name or actual name, or any personally identifying information, with your User Generated Content, or if you otherwise give CorkRules the right to do so, then CorkRules may display the same on the CorkRules Properties, or delete the same if it wishes.

You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to CorkRules.  

 

10.  Prohibited Conduct

You agree not to do, or attempt to do, any of the following, subject to applicable law:

a.  access or use the CorkRules Properties in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), or for any purpose that is harmful or intended to or which does cause damages;

b.  access, tamper with, or use services or areas of the CorkRules Properties that you are not authorized to access;

c. alter information on or obtained from the CorkRules Properties;

d.  use any robot, spider, scraper or other automated means or interface not provided by CorkRules to access the CorkRules Properties or extract data or gather or use information, such as email addresses, available from the CorkRules Properties or to transmit any unsolicited advertising;

e.  reverse engineer any aspect of the App or the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the CorkRules Properties;

f.  send to or otherwise impact the CorkRules Properties with harmful, illegal, deceptive or disruptive code such as a virus, “spyware” or other code; or

g.  take any action which might negatively impact the CorkRules Properties or their infrastructure or otherwise interfere with the ordinary operation of the CorkRules Properties.

11.  Ownership of The CorkRules Properties

The CorkRules Properties are owned by CorkRules, and all right, title and interest in any content made available by them (other than User Generated Content), including any podcasts, the CorkRules Properties' look and feel, and the designs, trademarks, service marks, and trade names displayed on the CorkRules Properties, are all the property of CorkRules or its licensors or other owners thereof, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly stated in the Terms you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the CorkRules Properties without prior written consent from CorkRules.   

 

12.  Privacy Policy

Please see the CorkRules Privacy Policy, the terms of which are incorporated by reference into the Terms.

 

13.  Dealings with Third Parties

You may be able to link to third party sites via the CorkRules Properties, or review content provided by third parties (including other Users) via the CorkRules Properties.  Your dealings with advertisers or other third parties found on or accessible through the CorkRules Properties are solely between you and the third party. These dealings may include, but are not limited to, your participation in promotions, the payment for and delivery of items or services, and any terms, conditions, warranties, or representations associated with such dealings.  Links to third parties via the CorkRules Properties are provided solely as a convenience to Users and should not be construed as an endorsement by CorkRules of any content, items, or services provided by such third parties. Your access and use of such sites, including the content, items, or services on those sites, is solely at your own risk, and you herby release CorkRules for any claims in connection therewith. CorkRules does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that CorkRules will have no liability with respect to any loss or damage of any kind incurred by you as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the CorkRules Properties.  Once you choose to link to another site, you should read and understand that site's terms of use and its privacy statement before disclosing any personal information.  

 

14.  Indemnification

You agree to promptly indemnify and hold harmless CorkRules and its officers, directors, shareholders employees, contractors, agents, and affiliates (together the “CorkRules Parties”) from and against any and all liability, damages, losses, claims and expenses of any kind (including, without limitation, reasonable attorneys’ fees and costs) which any of them may incur which are directly or indirectly related to or arise from (1) your breach of the Terms, (2) your use of the CorkRules Properties, or (3) the User Generated Content you submit, post, or transmit through the CorkRules Properties.

 

15.  Exclusion of Damages; Limitation of Liability and Disclaimer of Warranties

IN NO EVENT WILL ANY CORKRULES PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE CORKRULES PROPERTIES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CORKRULES PROPERTIES, OR (5) ANY OTHER MATTER RELATING TO THE CORKRULES PROPERTIES (INCLUDING THE CONTENT THEREON OR PROVIDED THEREBY).  THUS, FOR INSTANCE, NONE OF THE CORKRULES PARTIES WILL HAVE ANY LIABILITY TO YOU BY REASON OF YOUR RELYING ON ANY REVIEWS OR INFORMATION GIVEN BY CORKRULES OR OTHER PARTIES VIA THE CORKRULES PROPERTIES REGARDING ANY RESTAURANTS, WINES OR OTHER PRODUCTS OR SERVICES.  THE FOREGOING LIMITATIONS WILL APPLY WHETHER OR NOT CORKRULES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  IN ANY EVENT, AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE CORKRULES PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO CORKRULES BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (b) AN AGGREGATE OF  $100, OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.

YOU UNDERSTAND THAT USE OF THE CORKRULES PROPERTIES IS AT YOUR OWN RISK AND CORKRULES CANNOT GUARANTEE THAT THE USE  OF THE CORKRULES PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE CORKRULES PROPERTIES, ALL CONTENT (INCLUDING USER GENERATED CONTENT), AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE CORKRULES PROPERTIES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND.  CORKRULES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.  CORKRULES DOES NOT WARRANT THAT YOUR USE OF THE CORKRULES PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CORKRULES WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE CORKRULES PROPERTIES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. CORKRULES SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

16.  Copyright Infringement and Counter-Notice

Copyright Infringement

CorkRules respects the intellectual property rights of others and requests that the people who use the CorkRules Properties do the same. If you believe that your work has been reproduced and is accessible via or on the CorkRules Properties in a way that constitutes copyright infringement you may notify CorkRules by providing its copyright agent with the following information in writing:

a.  the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

b.  identification of the copyrighted work that you claim has been infringed;

c.  identification of the material that is claimed to be infringing and information reasonably sufficient to permit CorkRules to locate the material;

d.  your name, address, telephone number, and email address;

e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.  a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

CorkRules’ designated agent (the “Copyright Agent”) to receive notification of claimed infringement can be reached at: contact@corkrules.com

It is CorkRules’ policy to terminate (in its sole discretion) in appropriate circumstances any account for infringement of intellectual property rights, including copyrights, and it also reserves the right (in its sole discretion) to terminate an account for even one instance of infringement (and CorkRules will not be responsible or liable for any such infringement by a third party).

Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

a.  Your physical or electronic signature;

b.  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c.   A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

d.  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, CorkRules may send a copy of the counter-notice to the original complaining party informing that person.

 

17.  Additional Terms

a.  Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

b.  Jurisdiction.  The Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to the CorkRules Properties will be governed by the laws of the State of New York, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and CorkRules agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by New York or federal law.

c.  Limitations on Actions. Any action concerning any dispute you may have with respect to the CorkRules Properties must be commenced by you by written notice to CorkRules in writing within one year after the cause of the dispute arises, or the cause of action is barred.

d.  Entire Agreement. The Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (as the Terms may hereafter be amended from time to time as provided herein), between you and CorkRules with respect to the subject matter hereof and supersedes all contemporaneous and prior agreements between you and CorkRules regarding the subject matter contained herein..

e.  No Waiver. The failure of CorkRules to exercise or enforce any right or provision of the Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or CorkRules’ right to act with respect to subsequent or similar breaches.

f.  Electronic Communications.  The communications between you and CorkRules may take place via electronic means, whether you visit the App or Website or send CorkRules e-mails, or whether CorkRules posts notices on the App or the Website or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from CorkRules in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CorkRules provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including, but not limited to, the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq..

 

Contact Us

If you have any questions or suggestions about the Terms, do not hesitate to contact us at contact@corkrules.com.