CorkSharing Terms of Service

1. Introduction

Thank you for visiting CorkSharing. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both in order to use our Service.

2. Definitions

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:

  • "Agreement" refers to these Terms of Service;
  • "CorkSharing" refers to our company, known as "CorkSharing L.L.C."; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
  • "Guest" refers to an attendee of a wine tasting event who is not also a Host in relation to that event;
  • "Host" refers to the host of a wine tasting event;
  • "Service" refers to the services that we provide through our Site, including our wine tasting marketplace, payment processing services, and the Site itself;
  • "Site" refers to our website, www.corksharing.com;
  • "User" refers to Guests, Hosts, and anyone else who uses our Service, including anybody who visits our Site;
  • "You" refers to you, the person who is entering into this Agreement with CorkSharing.
  • "CorkSharing Content" means all Content that CorkSharing makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
  • "Collective Content" means Member Content and CorkSharing Content.
  • "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
  • "User Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  • "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. "Listing" means a wine tasting event that is listed by a Host as available for attendance via the Site, Application, and Services.

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.

3. What CorkSharing Does

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.

4. Modification

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.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, CorkSharing, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age or the age at which you may legally purchase alcohol in the relevant jurisdiction (whichever is higher), which in the United States is 21 years of age.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
  • You must have met all applicable licensing and other legal requirements to hold a wine tasting event.
  • You must properly report all income and contracts in relation to your wine tasting events as required to the Internal Revenue Service and any other governmental entity that may require it. You acknowledge that CorkSharing is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.

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.

6. Nature of Service

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.

7. Rules of Use

You agree that you will not:

  • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of CorkSharing or its delegates.
  • Sell wine or otherwise hold any venue where not properly licensed to do so.
  • Sell or attempt to purchase wine where the purchaser or you, as the case may be, is under the required age or fails to present any identification required by law.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Use our Service to launder money or for any reason other than facilitating attendance at wine tasting events.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the CorkSharing Site, Service, or its Users’ computers.
  • Do anything else which could bring CorkSharing into disrepute or violate the rights of any person.

8. Payment & Refunds

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.

9. Our Copyright

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.

10. Your Copyright

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.

11. Trademarks

"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.

12. Revocation of Consent

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.

13. Copyright & Trademark Infringement

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:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at info@corksharing.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.

14. Communications Decency Act

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 info@corksharing.com if any of our Users have posted anything that you believe is defamatory.

15. Representations & Warranties

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.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

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.

16. Indemnity

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.

17. Choice of Law

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.

18. Forum of Dispute

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.

19. Force Majeure

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.

20. Severability

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.

21. Non-Waiver

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.

22. Termination & Cancellation

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

23. Assignment of Rights

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.

24. Amendments

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.

25. California Users and Residents

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 info@corksharing.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.

26. DMCA Policy

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  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.

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:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that action has been taken against and where that material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the Federal District Court for Delaware, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

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: simon@brodylawllc.com.

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