Last updated: January 7, 2023
General Conditions and Definitions
Updates to Agreement
The Uncorked Project may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
Site Accessibility and Security
You are responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. The Uncorked Project will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of The Uncorked Project and Site maintenance. The Uncorked Project will not be responsible for any data lost during Internet transmissions or your inability to access the Site.
Links to Third-Party Websites
Subscription Fees and Cancellation
If you choose to subscribe on a monthly plan, you must provide our payment processor with valid credit card information. If your credit card information changes, you must notify our payment processor by editing your Site profile and using the appropriate link. If your credit card information ceases to be valid and you have subscribed on a monthly plan, we will not be able to process the monthly subscription fee and your subscription will expire. If you wish to cancel your subscription, you must provide us with forty-eight (48) hours’ notice before the first of any calendar month by emailing us at email@example.com. If you do not provide us with the 48 hours’ notice, your credit card will be billed for the following calendar month. Subscriptions may not be canceled retroactively, and no refunds will be issued.
The Uncorked Project is a distributor, not a publisher, of content provided by Subscribers. If you are a Subscriber, the Site may provide semi-public areas for you to post content for other Subscribers to view and read (“User Content”). In addition to any rules about posting contained in the Subscriber section(s) of the Site, you agree not to post on this Site any User Content that is illegal, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post anything on the Site that discriminates based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, or military discharge status. You may not post on this Site any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that you own or otherwise control all rights to the User Content and other information that you post on the Site, that it is true and accurate and does not violate this Agreement, and that you indemnify The Uncorked Project for all claims resulting from User Content that you post or other information that you provide through the Site. You acknowledge that any User Content you post on the Site is public communication and may be read by others without your knowledge. By posting User Content in the designated semi-public areas, you grant The Uncorked Project a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute such User Content and to use your name in conjunction with the User Content alone or as part of other works in conjunction with services offered by The Uncorked Project in any form, media, or technology now known or developed in the future. THE UNCORKED PROJECT DOES NOT CONTROL OR ENDORSE ANY USER CONTENT AND DISCLAIMS LIABILITY FOR ANY USER CONTENT POSTED BY YOU OR ANY SUBSCRIBER. The Uncorked Project reserves the right to disallow or remove any posting that, in The Uncorked Project’s sole discretion, does not meet the requirements of this paragraph. If a Subscriber repeatedly posts comments or materials that do not comply with this paragraph, The Uncorked Project reserves the right to cancel that Subscriber’s subscription and right to use the Site.
We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, video, or other information is complete, current, or error-free. In the event of an error on the Site, we reserve the right to correct such error.
Trademarks and Copyrights
“The Uncorked Project” is a USPTO-registered trademark of The Uncorked Project and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of The Uncorked Project or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the Content may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of The Uncorked Project or the copyright owner. Permission is granted to access, display, copy, and (where indicated) download Content on this Site only for your personal use, provided you do not modify or distribute to others the Content and that you retain all copyright and other proprietary notices contained in the Content. This permission terminates automatically if you breach any of these terms or conditions. By downloading Content from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties. You are expressly prohibited from disabling any firewalls or other measures we have taken to protect the Content.
We post only videos for which we have received permission to post. If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
The Uncorked Project, LLC
2148 W. Bowler Street
Chicago IL 60612
Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED BY THE UNCORKED PROJECT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER THE UNCORKED PROJECT NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE CONTENT MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE UNCORKED PROJECT DOES NOT WARRANT THAT THIS SITE, THE CONTENT ON THIS SITE, OR EMAILS SENT FROM THE UNCORKED PROJECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UNCORKED PROJECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE UNCORKED PROJECT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS DESCRIBED ON THE SITE WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
You agree to defend, indemnify, and hold harmless The Uncorked Project, its affiliates, and both The Uncorked Project’s and its affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.
The Uncorked Project is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. Please be aware that our efforts are ongoing. If at any time you have specific questions about the accessibility of any web page on the Site, please email us at firstname.lastname@example.org and we will do our best to make that page accessible to you.
The Uncorked Project may terminate this Agreement at any time for any reason without prior notice. Without limiting the foregoing, The Uncorked Project will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 6, 7, 8, , 10, 11, 12, 13, 16, and 17, 18 will survive termination of this Agreement.
You agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that state and federal courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to this Agreement. You hereby consent and agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive the right to a jury trial. This dispute resolution via individual legal action is the sole remedy for any dispute arising out of or related to this Agreement. You agree that you may bring a claim or other action against us only in an individual capacity and not as a plaintiff or class member in any purported class or representative action.
Statute of Limitations
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to products described on the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by The Uncorked Project to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by The Uncorked Project of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to email@example.com.