Thanks for using Corkbin! For the sake of simplicity and consistency, these Terms of Service apply to all of our members, including those who download our software, those who sign up for a “Corkbin Online” web account and those who use our services through our web site or otherwise. Accordingly, there are some provisions below relating to the use of our software which necessarily apply only to those of our members who have downloaded the software. All other terms and provisions apply to all of our members.
Important–Read carefully: These Terms of Service for Corkbin Software, Site and Services (these “Terms of Service”) together constitute a legal agreement between you (an individual, not an entity) and Corkbin, Inc., a Delaware corporation, and its suppliers and its licensors (collectively “Corkbin”) with respect to (a) Corkbin’s iPhone application (the “Corkbin App”) and other Corkbin software (together with all prior and subsequent versions, and all patches and updates thereto, are hereinafter referred to as the “Software”), (b) the www.Corkbin.com web site, including all subpages under the web site (collectively, the “Site”), and (c) all services provided to you directly or indirectly by Corkbin on or through the Site (collectively, “Corkbin Online”) or through the Software (including without limitation the Corkbin App) and any services offered through third parties integrating Corkbin functionality (collectively, all Corkbin Software services (including Corkbin App services), all Corkbin Online services and all other Corkbin services are referred to as the “Services”). These Terms of Service apply to all versions of the Services (each a “Version”). By clicking on the “Accept” button or otherwise using or accepting the Software, the Site and/or the Services (the “Corkbin Offerings”), you agree to be bound by the terms of these Terms of Service. If you do not agree to these terms of service, do not click on the “Accept” button and do not use the Corkbin Offerings. You agree that your use of any Corkbin Offering acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service.
The Corkbin Offerings provided to you under these Terms of Service are for your personal use.
By using the Software or Services or accessing the Site, you are certifying that you are 21 years of age or older. If you are under the age of 21, you may not use the Software or Services or access the Site. If you do not agree to (or cannot comply with) any portion of these Terms, do not use the Software or Services or access the Site.
1. Description of Services. The Corkbin App provides members with an iPhone application that allows them (a) keep a record of and provide other Corkbin members with certain information about the wines they are drinking, and (b) to receive the same kind of information from other Corkbin members.
When you download the Corkbin App to your iPhone, you become a member of Corkbin (a “Member”). When you become a Member, Corkbin will create your personal account which will contain: certain basic account information such as your e-mail addresses and password (your “Account Information”) and certain information about yourself (your name, your contact information and your location) (your “Corkbin Info”).
As a Member, you will be able to easily update and maintain your wine history in the Corkbin App or at Corkbin Online. Although initially only the images you upload and your comments will be shared with other Members, eventually other information from your Corkbin Info may be shared with other Members. In the future, and with your permission, Corkbin may allow you to share additional information about yourself through other Corkbin Offerings.
Your Corkbin Info and any information you upload to Corkbin are stored locally on your iPhone. Additionally, Corkbin will store your Corkbin Info and any information you upload to Corkbin, including images on the Corkbin servers to enable web access using any supported web browser via Corkbin Online and to improve the performance of certain operations of the Services.
Additional features may be added to the Corkbin Offerings and made available to you from time to time. You understand and agree that Corkbin may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the Corkbin Offerings may include advertisements and that these advertisements are necessary for Corkbin to provide the Services.
2. Personal License. Corkbin hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Site and Services subject to the terms and conditions in these Terms of Service.
(a) You agree that YOU WILL only provide information about yourself (including without limitation your Corkbin Info and your Account Information) that is true and correct.
(b) You may not: (i) prepare derivative works based on the Corkbin Offerings; (ii) reproduce the Corkbin Offerings except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, frame or otherwise make available the Corkbin Offerings or copies thereof in any form whatsoever to any third parties or use the Corkbin Offerings for any third party’s data processing, computing, or other needs; (iv) modify, adapt, reformat, translate, reverse engineer, decompile, or disassemble the Corkbin Offerings, subject to applicable law to the contrary; (v) remove any proprietary notices, labels, or other identifying marks on the Software, (vi) use the Corkbin Offerings in any manner that could damage, disable, overburden, disrupt or impair the Corkbin Offerings or any Corkbin server, or the network(s) connected to any Corkbin server, or interfere with any other party’s use of the Corkbin Offerings, (vii) disobey any applicable policies or regulations of networks connected to the Corkbin Offerings, (viii) use any robot, spider, web site search/retrieval application, or other device to retrieve or index any portion of the Corkbin Offerings; or (ix) create accounts using any automated means or under false pretenses. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights TO THE CORKBIN OFFERINGS NOT expressly granted herein are reserved by Corkbin.
(c) You agree that you shall only use the Corkbin Offerings in a manner that complies with all applicable laws in the jurisdictions in which you use the Corkbin Offerings, including without limitation applicable restrictions concerning privacy, copyright and other intellectual property rights.
(d) You may not use the Corkbin Offerings to upload, post, post links to or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful (including without limitation any virus, worm, defect, Trojan horse or similar destructive or harmful item), threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
(e) You may not use the Corkbin Offerings to (i) harass or encourage harassment of another person, (ii) perform any activities that are misleading, malicious or discriminatory or (iii) impersonate any individual, or entity or misrepresent in any way your affiliation with an individual or entity.
(f) You may not use the Corkbin Offerings if you are under the age of 21 or to solicit or collect any information from persons under the age of 21.
4. Member Age Restriction. The Corkbin Offerings are not intended for and may not be used by persons under the age of 21. You may not use the Software or Services or access the Site unless you are at least such age.
5. Corkbin’s Right to Modify Terms of Service; Termination of Corkbin Offerings. Corkbin may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the Corkbin Offerings. Corkbin may provide notice to you of any such modification by e-mail or by publishing the changes on the Site. In the event Corkbin modifies these Terms of Service, you may terminate your use of the Corkbin Offerings. Corkbin may also terminate your right to use the Corkbin Offerings at any time for any reason. Without limiting the prior sentence, your right to use the Corkbin Offerings will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from Corkbin to effect such an automatic termination. Upon any termination of your right to use the Corkbin Offerings, you shall immediately discontinue use of the Corkbin Offerings.
In addition, Corkbin shall have the right to (a) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or court decision or these Terms of Service; (b) terminate any portion of the Corkbin Offerings if Corkbin determines in its sole discretion that such use is unlawful and/or prohibited by these Terms of Service; (c) disclose Your Information, including personally identifiable information, when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Corkbin and/or the Site; and (d) inform law enforcement of any illegal activity or material Corkbin in good faith suspects or discovers on, through or otherwise relating to the Corkbin Offerings and provide law enforcement officials with all requested information (including without limitation Account Information) of the Member or non-Member from which the illegal activity or material originated.
As a Member you may cancel your account at any time by contacting Corkbin at email@example.com. Corkbin will effect such cancellations within five business days of receipt of request for cancellation. HOWEVER, ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS.
7. No Responsibility for Member Content or Actions. You understand that the Corkbin Offerings act only as an interface between Members and that Corkbin does not itself verify the qualifications of Members and does not evaluate or control information exchanged, if at all, between Members. Any opinions or statements expressed by a Member are those of the Member alone, and are not to be attributed to Corkbin. Corkbin cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness or legality of communications by Members. You understand that you may be exposed to content that you find offensive to you and that you use the Corkbin Offerings at your own risk.
8. Third Party Web Sites, Services and Content. The Corkbin Offerings may contain links to third-party web sites that are not under the control of Corkbin, and Corkbin is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Corkbin endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party site found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Corkbin is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party sites in the Corkbin Offerings.
9. Title. Title, ownership, rights, and intellectual property rights in and to the Corkbin Offerings shall remain in Corkbin. The Corkbin Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.
10. Limited Warranty. Corkbin warrants that for a period of 90 days from the downloading of the Software hereunder each unmodified copy of the Software will conform substantially to the user documentation. Corkbin’s entire liability and your exclusive remedy with respect to this warranty shall be Corkbin using commercially reasonable efforts to correct such non-conformities. Except for the above express Limited Warranty, Corkbin makes and you receive no warranties, express, implied, statutory, or otherwise, and Corkbin specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the Corkbin Offerings. Corkbin does not warrant that the Corkbin offerings will meet your requirements or that the Corkbin offerings will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.
11. Limitation of Liability. to the maximum extent permitted by applicable law, in no event shall Corkbin or its AFFILIATES be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of profits, interruption, IPHONE OR computer failure, loss of information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the Corkbin Offerings, even if Corkbin has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with Corkbin related to these Terms of Service or the Corkbin Offerings shall be cancellation of the License and termination of use of the Services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you Paid for the Software and Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. Indemnification. You agree to hold harmless, indemnify and defend Corkbin, its officers, directors, shareholders and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have (i) used the Corkbin Offerings in violation of another party’s rights or in violation of any law, or (ii) violated these Terms of Service.
13. Interstate and International Use. You consent to the collection and processing of personal information in the United States regardless of where you are located. All Members understand the potential cross-border nature of communications made using the Corkbin Offerings and acknowledge that using the Corkbin Offerings may result in interstate and international transmission of data.
14. Export Restrictions. You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.
15. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(b)(3) of DFARS 252.227-7014 (Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable. Manufacturer is Corkbin, Inc.,
Any notices that Corkbin sends to you by e-mail will be sent to one or more of the validated e-mail addresses you have designated in your Account Information or your Corkbin Info.
(a) No Assignment. The Software and Services are personal to you, and may not be transferred or assigned without Corkbin’s express written consent.
(b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of California, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in San Francisco County, California. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
(c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate Corkbin’s intellectual property rights, or may cause continuing or irreparable harm to Corkbin (including without limitation any breach that may impact Corkbin’s intellectual property rights, or a breach by reverse engineering), Corkbin may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
(d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Corkbin or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of Corkbin. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
18. Comments and Questions. If you have any comments or questions you may address them to the customer service department at Corkbin via e-mail at firstname.lastname@example.org.
The Software, the Site and/or the Services (collectively, the “Corkbin Offerings”) are not intended for use by anyone not able to enter into legally binding contracts. If you are not able to legally form binding contracts, you may not use the Corkbin Offerings or submit information about yourself. By using the Corkbin Offerings, you are certifying that you are 21 years of age or older. If you are under the age of 21, you may not use the Corkbin Offerings If you do not agree to (or cannot comply with) any portion of the Terms, do not use the Corkbin Offerings.
Corkbin’s Privacy Principles
- Your Information is your own.
- You maintain ownership rights to “Your Information” (as defined below), even if there is a “Business Transition” (as defined below) with respect to Corkbin or policy change.
- You may add delete, or modify Your Information at any time.
- Corkbin will not update or modify Your Information without your permission.
- Corkbin will not sell, exchange, or otherwise share Your Information with third parties, unless subject to your permission or required by law.
- Corkbin does not send spam, maintain spam mailing lists or support the activities of spammers.
Information Collection and Use
When you use the Software or Services or access the Site, you will provide us with your “Account Information,” and your “Corkbin Info” – each described in detail below (collectively, “Your Information”).
1. “Your Account Information” means your name, your e-mail addresses and such other information as required by Corkbin in order to provide you with the Software and the Services and use of the Site. Your Account Information also includes the password you choose to secure your Corkbin account and any passwords to third party offerings your provide Corkbin (i.e., Facebook, Google, Yelp) to enable any Corkbin Offerings’ synchronization functionality.
2. “Your Corkbin Info” means certain information about yourself (your name, your contact information, your location, images, photographs, data, messages, graphics, comments, reviews, text, tags, or other materials) that you store in the Corkbin Offerings.
We use Your Information to enable you to use the Software and Services. Specifically:
1. Your Account Information: Your Corkbin password and third party passwords will not be shared with any outside parties other than as necessary to enable the import or synchronization of data from/with third party services pursuant to your account settings. Other data in your Account Information will not be shared with others unless that data is part of Your Corkbin Info.
2. Your Corkbin Info: Although initially only the information you share and store in the Corkbin Offerings will be shared with other Members, eventually more information from your Corkbin Info may be shared with other Members. In the future, and with your permission, Corkbin may allow you to share additional information about yourself through your Corkbin Info or through the other Corkbin Offerings.
Additionally, we may use Your Information:
- For license reporting and assessment of service levels;
- To better understand on an aggregated basis how our products are used, gauge traffic patterns and determine what types of content and services are most popular with Members;
- To verify access rights to content, services or software;
- To provide you with information about Corkbin Offerings, news and events through the Software, the Site or e-mail;
- To allow you to purchase and download other Corkbin Offerings; and/or
- To provide you with personalized anonymous advertising, content programming, instructions and services.
Limited Data Sharing with Third Parties
Corkbin is committed to protecting your privacy. We will only share Your Information with third parties in accordance with your instructions and in order to provide you specific services. We may share anonymous demographic information with our business partners. For example, we may share non-personally identifiable demographic data for personalizing advertisements or aggregated information such as the total number of users of Corkbin service or their contacts or the broad geographic frequency of use. We may also develop algorithms leveraging the information in the Corkbin database for such purposes as network analysis, reputation scoring or spam and fraud prevention. However, no such information will be linked directly to Your Information or other personally identifiable information. Although we will use every reasonable effort to preserve your privacy, we may need to disclose Your Information, including personally identifiable information, when required by law (a) if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Corkbin and/or the Site or (b) to inform law enforcement of any illegal activity or material we in good faith suspect or discover on, through or otherwise relating to the Corkbin Offerings and provide law enforcement officials with all requested information (including without limitation Account Information) of the Member from which the illegal activity or material originated. We will notify you of such actions where reasonable and permitted by law. (Also see “Government Authority” below.)
Rights to Your Information
You have the right to access, correct, update, and/or delete Your Information at any time. You also have the right to use Your Information with other tools and services as you see fit. You will retain these rights even in the event of a Business Transition. (See “Change of Ownership or Other Business Transition” below for more information.)
If you terminate your Corkbin account, all Your Information will be removed from the Corkbin servers.
Change of Ownership or Other Business Transition
Cookies and Web Beacons
Log Files and Backups
We use log files, both on the client and server side. The data held in log files includes your IP address, web browser type, e-mail application, Internet service provider (ISP), referring/exit web pages, computer platform type, date/time stamp and user activity. Corkbin uses server log data to analyze trends, administer the Software, the Services and the Site, and improve service levels.
The Software has associated log and temporary files that are stored on your iPhone or local hard drive or on Corkbin’s servers. These files store your Account Information, preference settings, system notifications as well as other data necessary to operate the Corkbin Offerings. Your Information may reside locally in the Software, as well as on Corkbin’s servers.
We may send all new Members confirmation e-mails verifying the ownership of the e-mail addresses provided in your Account Information. We also communicate with you to provide requested services and in regard to issues relating to your account.
Members may occasionally receive information on Corkbin products, services, news and events. Out of respect for your privacy, we present you with the option not to receive these communications. You may opt-out of such emails by sending an email request to: email@example.com.
Third Party Web Sites, Services and Content
The Corkbin Offerings may contain links to third-party web sites that are not under the control of Corkbin, and Corkbin is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Corkbin endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party site found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Corkbin is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party sites in the Corkbin Offerings.
Security and Confidentiality
If you forget your password, you may be asked to go on the Corkbin App to click a password reset link. This will then send to your validated e-mail address an e-mail containing a link to a page where you can reset your password. No permanent plain text passwords will ever be passed through e-mail.
Additionally, Your Information resides in a firewall-protected server that only selected Corkbin personnel have access to via password.