Last updated: January 6, 2021
- 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
For your convenience, we may offer one or more options for you to receive information from us about our products and services and notices about new videos posted on the Site. You can find information on how to cancel your subscription at the bottom of our emails.
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 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 material 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 download the materials on this Site only for your personal use, provided you do not modify or distribute to others the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material 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.
We post only videos for which we have received permission for such posting. 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
- Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION, VIDEOS, AND PRODUCTS DESCRIBED 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 INFORMATION, VIDEOS, AND PRODUCTS 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 VIDEOS 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 INFORMATION 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.
- Electronic Communication
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 send us an email email@example.com 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 9, 10, 11, 14, 15, and 16 will survive termination of this Agreement.
- Dispute Resolution
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 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.
- 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.
- Contacting Us
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 firstname.lastname@example.org.