Uncorked – Terms and Conditions

Last Updated: 28 Jan 2025

Welcome to Uncorked (the “App”). These Terms and Conditions (“Terms”) govern your access to and use of our services, including any website, mobile application, or other online product or service provided by or on behalf of Uncorked (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Eligibility

1.1. Legal Drinking Age
You must be of legal drinking age in your country of residence to use the App. By using our Services, you represent and warrant that you meet this requirement.

1.2. Authority to Agree
If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you may not use our Services.

2. Account Registration

2.1. Information Requirements
To create an account, you may be required to provide us with certain information such as your name, email address, and username. You agree to provide accurate, current, and complete information about yourself during the registration process and to keep this information up to date.

2.2. Profile Content
You may also upload profile pictures or other images (collectively, “User Images”). By uploading User Images, you represent and warrant that you have the necessary rights or permissions to do so, and you grant us a license to use and display these images within our Services in accordance with these Terms.

2.3. Account Security
You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

3. Privacy and Data Collection

3.1. Data We Collect
We collect basic information such as your name, email address, username, and any User Images you upload. We may also collect your location to provide location-based features. At this time, we do not store your location data; however, we may use it in real-time to show nearby wine bars, shops, or other related services.

3.2. How We Use Your Data
We use the collected information to provide, personalize, and improve our Services, including:

  • Creating and managing your account

  • Allowing you to post or share content

  • Providing location-based recommendations (if enabled)

  • Communicating with you about updates, promotions, and other news

3.3. No Data Selling
We do not sell or rent your personal data to third parties for their marketing purposes. However, we may share anonymized or aggregated data with service providers, partners, or analytics platforms to help maintain or improve our Services.

3.4. Further Privacy Information
Your use of the Services is also governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. Please review our Privacy Policy to learn more about how we handle your personal data.

4. User Conduct and Responsibilities

4.1. User Content
You may post, upload, or transmit text, images, and other content (“User Content”) through the Services. You are solely responsible for your User Content and must ensure it complies with all applicable laws and does not infringe or violate anyone’s rights.

4.2. License to Use User Content
By posting or submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, and fully paid-up license (with the right to sublicense) to use, copy, display, reproduce, adapt, modify, distribute, translate, and otherwise exploit your User Content in connection with the operation or promotion of the Services.

4.3. Prohibited Activities
You agree not to:

  • Violate any law or regulation, including but not limited to those governing alcohol consumption

  • Post or transmit content that is illegal, offensive, threatening, defamatory, obscene, or otherwise objectionable

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

  • Interfere with or disrupt the operation of our Services or any servers or networks used to make our Services available

  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services

5. Intellectual Property Rights

5.1. Ownership of App Content
All text, graphics, photographs, logos, icons, images, and software (excluding your User Content) are the property of Uncorked or its licensors and are protected by intellectual property laws. You agree not to reproduce, modify, distribute, or otherwise exploit any such materials without our prior written consent.

5.2. Trademarks
Any trademarks, service marks, logos, or trade names (collectively, “Marks”) displayed on the Services are the property of Uncorked or third parties. You may not use these Marks without our prior written consent or the consent of the third party that owns the Mark.

6. Disclaimer of Warranties

UNCORKED PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UNCORKED DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE SECURE OR FREE FROM VIRUSES OR HARMFUL COMPONENTS, OR WILL ALWAYS BE AVAILABLE OR ERROR-FREE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNCORKED OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, UNCORKED IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY FEES PAID BY YOU TO UNCORKED IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM OR (B) USD $100.

8. Indemnification

You agree to defend, indemnify, and hold harmless Uncorked, its affiliates, officers, directors, employees, and agents from and against any claims, actions, suits, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your User Content, or any violation of these Terms.

9. Termination

9.1. Termination by You
You may terminate your account at any time by following the instructions within the App or by contacting us directly.

9.2. Termination by Us
We reserve the right, in our sole discretion and without notice, to suspend or terminate your account or your access to the Services at any time, for any reason, including if you violate these Terms.

9.3. Effect of Termination
Upon termination, you lose the right to access or use the Services. Any sections of these Terms that by their nature should survive termination will survive.

10. Modifications to the Services and Terms

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We may also amend these Terms from time to time. If we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms and, in some cases, by providing additional notice (such as sending a notification or posting a notice within the App). Your continued use of the Services after any such modification indicates your acceptance of the modified Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Uncorked is based, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms shall be resolved exclusively in the competent courts located in that jurisdiction, and you consent to personal jurisdiction and venue in such courts.

12. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Uncorked regarding your use of the Services and supersede all prior or contemporaneous understandings.

15. Contact Us

If you have any questions about these Terms or the Services, please contact us at:
joan@gouncorked.com

Thank you for using Uncorked!