Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
CorkSharing is a marketplace to search and book wine tasting tickets. Wineries and private wine collectors ("Hosts") create a listing for each wine tasting that they host. The Host sets the price, refund policy, dates, and details around the tasting. Guests search CorkSharing to find the right wine tasting event for them and then book their event.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR WINE TASTING EVENTS AND USERS MAY LEARN ABOUT AND BOOK RESERVATIONS. YOU UNDERSTAND AND AGREE THAT CORKSHARING IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND USER. CORKSHARING HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
CorkSharing reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
In order to use our Service, you must meet a number of conditions, including but not limited to:
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF AWINE TASTIG EVENTS. CORKSHARING CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY WINE TASTING EVENTS. CORKSHARING IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND WINE TASTING EVENTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE USER’S OWN RISK.
All Guests and Hosts are using CorkSharing solely as a meeting place and method of conducting financial transactions with each other. CorkSharing is in no way a party to any contract for the provision of wine tasting services or other goods or services by one User to another, and you hereby agree that you will not name CorkSharing as a defendant in any dispute between yourself and another User.
You agree that you will not:
If you are a Host and a reservation is requested for your wine tasting event via the Site, Application and Services, you will be required to either confirm or reject the booking within 96 hours of when the reservation is requested (as determined by CorkSharing in its sole discretion) or the reservation request will be automatically cancelled. If you are unable to confirm or decide to reject a reservation of a wine tasting event within such 96 hour period, any amounts collected by CorkSharing for the requested reservation will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a reservation requested by a Guest, CorkSharing will send you an email or message via the Application confirming such reservation, depending on the selections you make via the Site, Application and Services.
CorkSharing charges a fee to Guests based upon a percentage of applicable Host Fees which are the "Guest Fees". The Guest Fees are added to the listing price to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. CorkSharing will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 96 hours of the booking request) and will initiate payment of the Host Fees (less CorkSharing’s Host Fees (defined below)) to the Host within 30 days of when the Guest arrives at the applicable Wine Tasting Event (except to the extent that a refund is due to the Guest).
The Guest will submit their payment via credit card at which point the transaction will be preauthorized. The Host will have to approve each Guest who requests to attend the Host’s wine tasting event. If the Host approves the attendance of that Guest, the Guest’s credit card will be charged the full amount listed. If the Host declines, the charge will not be processed.
Additional payment details may apply and shall be posted on our Site—such details are hereby incorporated into this Agreement by reference.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content submitted by third parties to CorkSharing, without receiving our prior written permission.
CorkSharing must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us to the extent that is reasonably necessary in order to provide and improve our Service to you and other Users. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
"CorkSharing" is a trademark used by us, CorkSharing L.L.C., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification electronically and send it to our Copyright Agent at email@example.com. Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A GUEST TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A HOST, OR OF A HOST TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A GUEST.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of California ("Small Claims Court").
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
If you would otherwise be entitled to bring a dispute under this section but for the fact that you have, within the same year, commenced two other civil actions within the Small Claims Court, you agree to bring your dispute in the next lowest court of competition jurisdiction and that you shall be liable to CorkSharing for any attorneys’ fees, court costs, disbursements, and other expenses that CorkSharing would not have incurred had you brought the dispute within the Small Claims Court.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, CorkSharing shall have the sole right to elect which provision remains in force.
CorkSharing reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly, and your continued use of our Service shall constitute your acceptance of any such amendments.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about CorkSharing must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We respect the intellectual property of others and take the protection of copyrights and all other intellectual property seriously. We ask our users to do the same. Infringing activity will not be tolerated.
Due to the nature of our website and attendant services, it is impossible for us to screen all content that is submitted or posted. Additionally, we assume that all of our users -- having read and agreed to our Terms of Service -- can assure us that they hold a license or ownership interest in all content they submit.
If YOU (or someone you represent) are the owner or license holder in any content on our service posted that you believe infringes copyright law we would request that report it according to the procedures below so we may deal with the matter accordingly.
We use the copyright infringement procedures of the Digital Millennium Copyright Act. If you wish to report infringement. It is important that you follow the instructions below to ensure the matter is dealt with properly respecting the rights of all parties.
A. Proper Notice of Infringement
To notify us of suspected copyright infringement, please send a written notice as described below to our Copyright Agent. You should include the following:
B. Counter-Notice by User Alleged to Have Infringed
If you are a subscriber and action has been taken against your account due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent.
Your written response should include the following:
Synergyse reserves the right to seek damages from any party that submits a knowingly submits a false notification of claimed infringement or counter notification in violation of the law.
Please send all notices required by this policy to our Copyright Agent:
Simon Brody, 111 W. 10th St. Kansas City, MO 64105.
By Email: firstname.lastname@example.org.
In appropriate circumstances, we will terminate the accounts of users who are repeat copyright infringers.
If the report or response is incomplete or not completed according to the above instructions we may be unable to appropriately respond to you. In the event that we need to contact you to follow-up on information you have submitted or require clarification we reserve the right to contact you using the information you submit.
We may revise this policy at any time, including by posting a new version at this website.
Last Modified: August 29, 2014