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Terms and Conditions

CORKSY, Inc. Terms of Service

As of January 2023

By using or subscribing to any of the services (the “Services”) offered by Corksy, Inc. (“CORKSY”), you are agreeing to be bound by the following terms of service (the “Terms of Service”) and Corksy’s privacy policy (the “Privacy Policy”) published at Corksy.io. Any new features or tools which are added to the Services shall be also subject to the Terms of Service. CORKSY reserves the right to change the Terms of Service and Privacy Policy by publishing updates to www.Corksy.io/terms-and-conditions and www.Corksy.io/privacy-policy, respectively, and you should periodically check these webpages for such updates as your use of the services will be deemed acceptance of the then current Terms of Service and Privacy Policy.

  1. YOUR ACCOUNT

    1. To access and use the Services, you must register for a CORKSY account (“Account”) by providing your full legal name, the name of the organization you represent, phone number, email address, and any other information requested by CORKSY in the signup process; however, you acknowledge that CORKSY will use the email address provided as our primary method of communication with you regarding your account.

    2. CORKSY will not be liable for any loss or damage that arises from your password or account not being secure, due to no fault of its own. You are responsible for keeping your account and password information secure.

    3. You must be 21 years or older to use the Services.

    4. If you are creating an Account for an organization (e.g., a company, corporation, partnership or other legal entity), you represent and warrant that you are authorized by the organization to do so.

    5. CORKSY may reject your application for an Account for any reason in its sole discretion.

  2. USE OF SERVICES

    1. You are responsible for all activity on your Account and all content that is uploaded to your Account, including text, data, graphics, photos, and links (the “Store Content”).

    2. You retain ownership over all Store Content. By using CORKSY, you understand that your Store Content becomes publicly viewable, and it is your responsibility to ensure it does not infringe upon another’s intellectual property rights

    3. You are responsible for compliance of your Account, Services and Store Content with all applicable laws, rules or regulations, especially regarding the sale of alcohol including restrictions on the sale of alcohol to minors, of any state, federal or national government or government agency. You shall not sell any product or services that are prohibited by any law or regulation.

    4. It is your responsibility to ensure that your use of CORKSY’s services complies with all applicable laws, rules and regulations

    5. You understand that your Store Content (not including credit card information), may be transferred unencrypted and may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  3. PROHIBITED USES OF OUR SERVICES

    1. You shall not use your Account or the Services to sell any product that is prohibited by law.

    2. Your Store Content shall not infringe on the intellectual property rights of third parties, and you may not violate our intellectual property rights or the intellectual property rights of others.

    3. You shall not use your Account to transmit worms, viruses, or any code of a malicious or damaging nature.

    4. You shall not reproduce, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related technology that we have not made open without the express written permission of CORKSY.

    5. You may not use, support, or develop bots, scrapers, software, scripts, crawlers, browser plugins, robots or other automated methods including human-powered automation through like farming or any other crowd-sourced methods to access, scrape, or copy the Services, or to add or download data, or send or redirect information or messages.

    6. You may not rent, lease, loan, trade, sell or otherwise monetize the Services or related data or access to the same, without the express written permission of CORKSY.

    7. You may not monitor the Services’ availability, performance, or functionality for any competitive purpose.

    8. You may not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.

    9. CORKSY may, but has no obligation to, remove Store Content and Accounts containing content that it determines, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

    10. You may not overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services).

    11. You may not interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); nor, override any security feature or bypass or circumvent any access controls or limits of the Services.

    12. You may not create a false identity, misrepresent your identity, create a profile for anyone other than your organization, or use or attempt to use another’s account.

  4. INTELLECTUAL PROPERTY

    1. You hereby grant CORKSY a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use and share all customer data that CORKSY may obtain through accessing your websites, accessing the websites of your customers, providing the Services, and accessing data from third parties regarding your customers’ use of third party applications or third party web services or other third-party content (including analytics data and any unique account identifiers) for the limited purposes of: (a) providing support services and other services to your customers; (b) improving CORKSY’s software and the Services; (c) performing analyses related to CORKSY’s Software and your customers’ use of CORKSY’s software and the Services; and (d) conducting marketing and/or advertising campaigns. The foregoing license includes the right for CORKSY to develop and publish insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify end-users or your customers.

    2. You hereby grant CORKSY a non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your store to promote the Services.

    3. You acknowledge and agree that CORKSY (or its licensors) own all right, title, and interest in and to the Services, including any intellectual property rights in the Services (whether those rights are registered or not, and wherever in the world those rights may exist). CORKSY (or its licensors) own all right, title, and interest in and to any enhancements, modifications, design changes, software updates, and supplements related to the Services, even if paid for by you.

    4. You agree that any ideas, suggestions, concepts, processes, or techniques which you provide to CORKSY related to the Services are and will be CORKSY’s exclusive property without any compensation or other consideration payable to you, and you do so of your own volition. CORKSY may or may not, in its sole discretion, use or incorporate your ideas, suggestions, concepts, processes, or techniques in whatever form or derivative CORKSY may decide into the Services or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to CORKSY and, as applicable, waive any moral rights.

  5. PAYMENT PROCESSING

    1. You acknowledge and agree that you have decided on your choice of payment processing and as such you are solely responsible for all functionality and issues related to payment processing on your Account. CORKSY has no responsibility for any payment processing.

    2. If a client should request payment processing to be added to their Account and has no payment processer, CORKSY will make introductions to third party payment processors, but makes no representations or warranties as to their services.

    3. You acknowledge and agree that it is your responsibility to keep your payment processing accounts active and to deactivate them as necessary.

  6. TAX & DUTIES OF GOVERMENTAL AND THIRD PARTIES & THEIR CALCULATIONS

    1. Tax calculations may be provided by a third-party tax service, depending on how your Services are configured. You are responsible for all taxes and fees associated with your ecommerce and point-of-sale activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some ecommerce features allow you to include sales taxes or other taxes in transactions, you should not rely solely on these features to ensure tax being collected, or remitted to tax agencies, is accurate. We make no guarantees about third-party tax services. We recommend you consult an appropriate tax professional to review tax rates applied to orders, and they should inform you how to reconcile differences that may exist for your specific tax situation. CORKSY is not responsible for taxes not being correctly calculated on orders.

    2. You shall be solely responsible for and agree to pay, indemnify, and hold CORKSY harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on CORKSY’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the Services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.

  7. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

    1. The site and any content obtained therefrom are provided on an “as is” basis and CORKSY expressly disclaims all express and implied warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall CORKSY or any of its owners, affiliates, officers, directors, employees or agents be liable (whether in an action arising from contract or tort) for (i) indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CORKSY has been advised of the possibility of such damages), resulting from any other matter relating to this site, or (ii) any disclosure of information provided to Corksy (even if such disclosure is caused by the negligence of CORKSY ), unless such improper disclosure is directly caused by the intentional misconduct or gross negligence of CORKSY.

    2. To the extent permitted by law, the remedies stated for you in this agreement are exclusive and you are limited to those expressly provided for herein. To the extent any state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability in such state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing, in no event shall CORKSY’s cumulative liability under this agreement exceed the amount actually paid by you to CORKSY in the six (6) month period prior to the date of the incident giving rise to the liability.

  8. INDEMNITY

    1. You agree to indemnify and hold harmless CORKSY, its contractors and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, fees, or expenses, including attorneys’ fees, arising out of or relating to your use of our Services, including but not limited to your violation of these Terms of Service.

  9. MARKETING AND PROMOTION

    1. You agree to participate in CORKSY’s marketing and promotions, including, for example: assisting CORKSY in drafting and issuing press releases that identify you as a user of the Services; participating in surveys or case studies (either written or by video) and/or other co-marketing activities which may be distributed via CORKSY’s webpage, social media channels and sales and marketing presentations.

    2. You hereby agree that CORKSY may use your trademarks, brands, and logos in connection with CORKSY’s marketing and promotions, including in CORKSY’s webpage, social media channels and sales and marketing presentations.

    3.  

  10. FEES AND CHANGES TO FEES AND SERVICE

    1. Pricing and fees are located at https://corksy.io/pricing. Pricing is subject to change. If you have a negotiated contract, please refer to your signed contract agreement.

    2. CORKSY may change the fees charged for the Services upon 30 days’ written notice and it shall not be liable to you or any third party for any modification, price change, interruption, suspension or discontinuance of our Services.

    3. The Services are offered in the form of different plans each with its own features and fees (“Plans”).

  11. TERMINATION

    1. We may terminate or suspend your access to all or any part of our Services at any time, in our sole discretion. We may terminate or suspend your Account immediately and without notice in the event of your actual or suspected unauthorized use of the Services and/or content, or violation of the Terms of Service, the Privacy Policy, or any other written CORKSY policy then in effect. If we are withdrawing the Services, we shall provide you with reasonable notice in advance of doing so.

    2. If you wish to terminate our Services and close your Account, you may do so at any time by contacting us via email or phone and then following the specific instructions provided to you by CORKSY.

    3. Upon termination of your Account by either party for any reason: (a) CORKSY will cease providing you with the Services but you will be able to access your Account for payment related information for a further thirty (30) days; (b) you will not be entitled to any refunds of any fees paid to CORKSY, pro rata or otherwise; and (c) any outstanding balance owed to CORKSY for your use of the Services through the effective date of such termination will immediately become due and payable in full

    4. If at the date of termination of your Account, there are any outstanding fees payable to CORKSY, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

    5. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, intellectual property, governing law, indemnity, and limitations of liability & warranty disclaimers.

  12. YOUR OBLIGATIONS TO YOUR CUSTOMERS

    1. You are responsible for providing your end users with copies of the Terms and Conditions and the Privacy Policy.

    2. It is your responsibility to ensure that you abide by your own agreements and policies relating to your customers and other users who interact with your websites powered by CORKSY and the features, functions and content and materials created by or for you using our Services.

    3. You will respond to any of your users wishing to exercise their privacy rights under applicable law as it relates to any information collected via your use of the Services, in accordance with the requirements of such applicable law.

    4. You will use your best efforts to protect information collected from your users via our Services. In the event you discover or suspect that any user information has been compromised, stolen or inadvertently exposed to non-authorized third parties, you shall notify CORKSY promptly and provide details and cooperation to the extent reasonably requested by CORKSY.

    5. You are responsible for obtaining all required consents from your users in connection with any use of the Services, in accordance with applicable law, including any consent required prior to obtaining personal data.

    6. In the event that you choose to use the email features, you represent and warrant that you have a current relationship with each person to whom an email is to be sent and that opt-outs are provided pursuant to applicable law, rule or regulation. You are solely responsible for ensuring that the email feature(s) are utilized in a manner that complies with all local, state, and federal or national laws, rules and regulations.

  13. GOVERNING LAW

    These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any action arising out of relating to the Services shall be brought and heard in the state or federal court for the County of Orange, California. The parties irrevocably consent to the exclusive jurisdiction of such courts and waive all arguments and defenses concerning venue and the convenience of the forum. The substantially prevailing party in any action arising out of or relating to these Terms of Service, our Privacy Policy and the Services shall be entitled to its reasonable attorney’s fees, expert’s fees and costs.

  14. MISCELLANEOUS

    1. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

    2. The Terms of Service, and any subsequent amendments available at Corksy.io/terms, shall constitute the entire agreement between you and CORKSY and govern your use of the Services, superseding any prior agreements between you and CORKSY (including, but not limited to, any prior versions of the Terms of Service).

    3. Notices shall be in writing (including written means of electronic communication) and are effective upon receipt by an authorized representative of a party.

    4. Questions about the Terms of Service may be sent to admin@CORKSY.io.

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