BottleJockey and its corporate affiliates (referred to collectively as "us" "we" or "BottleJockey" ) provide the service to you through an application you download to your mobile device or tablet computer (the “Application” ) and through our website, http://www.bottlejockey.com/ (along with any of its sub-domains, the "Site" ), which, together with any software, products, or other services found at or related to the Application or Site, we collectively refer to herein as the “Service”.
Please carefully read these Terms of Service (the "Terms of Service" or “Terms”) before using our Service, as well as our Privacy Policy, which may be found at http://bottlejockey.com/privacy/ and which is incorporated herein by reference. These Terms govern your access to and use of the Service and constitute a legal agreement between us. You acknowledge and agree that by accessing or using any part of the Service, you agree to be bound by and comply with these Terms. Accordingly, if you do not accept all the terms and conditions set forth herein, then you may not access or use the Service.
If you are accepting or agreeing to these Terms of Service 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 of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Any registration by, use of, or access to the Service by anyone under twenty-one (21) is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using the Service, you represent and warrant that you are twenty-one (21) years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Service. Your User Account (defined below) may be terminated and any profiles you have created may be deleted if we believe, in our sole discretion, that you are less than twenty-one (21) years of age.
In order to access certain features of the Service, you a must become a registered user of our Service (“Registered User ”), which you do by creating an account (“User Account”). You create a User Account by connecting to us directly, which you can do directly from our Site. By becoming a Registered User, you agree that we may access and use your information from that third-party service, to the extent permitted by that service, and to store your log-in credentials. (Refer to our Privacy Policy for more information the types of information we collect and how we use it.) In consideration of your use of the Service, you agree to: (a) provide us with and maintain accurate, current, and complete information; (b) maintain the security of your username and password; and (c) be fully responsible for all use of your User Account and for any actions that take place using your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. You may close your User Account at any time by contacting us at eric@bottlejockey.com.
BottleJockey charges a membership fee to use various premium Site services and content. You are responsible to BottleJockey for any fees applicable to services you choose. You authorize BottleJockey (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.
Except as required by law, all fees are nonrefundable, including, without limitation. Payment may not be canceled by the user, except as required by law. However, BottleJockey (or its partners) reserves the right to refuse or terminate any payment at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of the website services for several days.
Except for User Content (as defined below) and Third-Party Content (as defined below), all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the "Site Content "), is owned by or licensed to BottleJockey, with all rights reserved and is subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you "AS IS" for your personal and informational use only. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BottleJockey’s prior written permission in each instance or in connection with the share function provided on the Site. To the extent BottleJockey has such rights in the Site Content, you are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable at any time without notice and with or without cause.
Any use of the Service or the Site Content other than as specifically authorized herein, without the prior written permission of BottleJockey, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
As a Registered User, you may upload and post photos, profile, messages, notes, text, as well as other information and data not prohibited by these Terms (collectively "User Content" and together with Site Content, the "Content") on or through the Service or transmit it to or share with other users. You are solely responsible for your User Content. You may not post, transmit, or share any Content on the Service that would infringe or violate the rights of third-parties. In furtherance of the foregoing, you represent and warrant that by submitting your User Content you will not be infringing on any other person's copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights.
You understand and agree that BottleJockey may, but is not obligated to, review the Site and your User Content and, further, may delete or remove (without notice) any Site Content or User Content that, in our sole discretion, for any reason or no reason, including without limitation User Content that, in our sole judgment, violates the Terms of Service or which might be offensive or illegal, or violate the rights of, harm, or threaten the safety of or others. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to BottleJockey. While BottleJockey may remove User Content from its Site, BottleJockey has no control over whether or not the User Content will be altered, deleted, or removed from any third-party websites where the Content originated from or has been syndicated to.
You shall retain all ownership rights in and to your User Content. Notwithstanding the foregoing, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant BottleJockey a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under the Terms of Service.
You may remove your User Content from the Site at any time by closing your account. You can request the closing of your account by emailing support@bottlejockey.com. You understand and agree, however, that BottleJockey may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. Accordingly, the above licenses granted by you in User Content are perpetual and irrevocable.
BottleJockey does not control the User Content posted to the Site or through the Service and, as such, does not guarantee the accuracy, integrity or quality of your User Content, any other user's content or any Third-Party Content. BottleJockey does not endorse any User Content, any Third-Party Content or any opinion, recommendation, or advice expressed therein, and BottleJockey expressly disclaims any and all liability in connection with the User Content and any Third-Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BottleJockey or submitted to BottleJockey.
We may revise these Terms at any time by posting the modified version. The date of the current Terms of Service will appear at the top of this page. If there are material changes to the Terms, we may, in our sole discretion, notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modifications and your use of the Service after any revised Terms have been posted constitutes your acceptance of the Terms of Service, as modified. Accordingly, you may want to periodically visit this page to view the most current Terms of Service.
Users of the Service may post to their own profiles or share content with other users, including without limitation, links to externally-hosted videos, content and articles, photographs, text, graphics, pictures, designs, music, sound, information, applications, software, widgets or items belonging to or originating from third parties (collectively, the "Third Party Content"), and/or links to other third party web sites that are not owned or controlled by BottleJockey (collectively, "Third Party Content"). In addition, BottleJockey may post links to Third Party Sites and/or Third-Party Content on the Site. You acknowledge and agree that all such Third-Party Content and Third-Party Sites shall be governed by the Terms of Service and other rules established by the owners, operators or providers of such Third-Party Content or Third-Party Sites. Notwithstanding the foregoing, you acknowledge and warrant that any Third-Party Content and Third-Party Sites (or links thereto or therefrom) which you post is subject to, and will fully comply with these Terms of Service.
Similarly, users of Third-Party Sites may post or share Site Content and/or links to the Site on Third Party Sites. In such event, the Site and all Site Content posted on any Third-Party Site will continue to be governed by the Terms of Service.
You may access other user's Third-Party Content solely for your information and non-commercial, personal use and as intended through the normal functionality of the Service, including without limitation the "streaming" of an audiovisual work. All such Third-Party Content is made available by BottleJockey "AS IS" and may not be copied, reproduced, distributed, or otherwise exploited in any manner other than as intended by the normal functionality of the Service.
Some of the services or functionality accessible on the Site or through the Service may be provided by third parties on Third Party Sites. In these cases, users who choose to access such services or functionality will be required to navigate away from the Site and to register on the Third-Party Site. This registration is separate from any registration on the Site, and will be governed solely by the policies, terms and conditions of the Third-Party Site, including privacy and data gathering policies. You acknowledge and agree that BottleJockey has no liability for the services or functionality provided on such Third-Party Sites, including without limitation the security of payment or other transactions, notwithstanding that in some instances such Third Party Sites may incorporate BottleJockey trademarks, logos or other identifying materials.
Without limiting any other provision of these Terms of Service, you acknowledge and agree that BottleJockey has no control over, and assumes no responsibility for, the content, privacy policies, practices, products or services of any Third-Party Sites and Third-Party Content contained on the Site, to which the Site is linked, or on which Site Content is posted. In addition, BottleJockey will not and cannot investigate, monitor, censor or edit the content of any Third-Party Sites or Third-Party Content accessible through the Site or on which Site Content is posted. By using the Service, you expressly release BottleJockey from any and all liability arising from your use of, or access to any Third-Party Sites or Third-Party Content.
If you decide to leave the Site and access any Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies will not govern your use of or actions on such Third-Party Sites or Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any Third-Party Content you use or install from the Site. From time to time, we may post content on the Site at the request of a third-party that is created and/or owned by such third-parties. Sometimes such third-party will pay BottleJockey or give BottleJockey other consideration for posting the content on the Site. When that happens, such content may be identified as "Sponsored, ” although we are not required to do so.
The Service are available for your personal, non-commercial use only and your involvement on the Site including your posting User Content to the Site will affect and shape the overall community created through the Site. As such we ask that you help us keep the Site functioning properly and a safe and respectful place for all users. Accordingly, there is certain user conduct that is not allowed on the Site. Each user agrees to read and follow the Community Guidelines posted here and not to use the Service or the Site to:
You acknowledge that BottleJockey may or may not pre-screen User Content, but that BottleJockey and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content posted to the Site. Without limiting the foregoing, BottleJockey shall have the right to remove any User Content that violates the Terms of Service or is otherwise objectionable, as determined in its sole discretion.
You acknowledge, consent and agree that BottleJockey may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) effectively provide the Service to you or (f) protect the rights, property or personal safety of BottleJockey, its Users and the public.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that BottleJockey may establish general practices and limits concerning use of the Site and/or Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on BottleJockey's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. You agree that BottleJockey has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that BottleJockey reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BottleJockey reserves the right to modify these general practices and limits from time to time.
BottleJockey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. You agree that BottleJockey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service.
You expressly absolve and release the BottleJockey Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions
BottleJockey and other BottleJockey graphics, logos, designs, page headers, button icons, scripts and service names are either registered trademarks, trademarks or trade dress of BottleJockey or its affiliates in the U.S. and/or other countries. BottleJockey's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BottleJockey. Accordingly, nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without BottleJockey's prior written permission in each instance.
BottleJockey respects the intellectual property of others, and we ask our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In BottleJockey's sole discretion, BottleJockey may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BottleJockey has adopted a policy of terminating, in appropriate circumstances and at BottleJockey's sole discretion, users who are deemed to be repeat infringers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a written notice of infringement with BottleJockey's copyright agent containing the information specified below:
Please note that you may be liable for damages (including costs and attorneys' fees) if
you
misrepresent that a product or activity is infringing your copyrights. BottleJockey's
agent
for notice of claims of copyright or other intellectual property infringement can be
reached
as follows:
Copyright Agent
c/o BottleJockey
1917 Green View Lane
La Verne, CA 91750
eric@bottlejockey.com
For clarity, only copyright infringement notices should go to this above e-mail address. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the such User Content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content that was removed or disabled. If we receive such notification, we will not restore the material. If we do not receive such notification, we may reinstate the material, but are not under any obligation to do so.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
You acknowledge that BottleJockey has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release BottleJockey from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BottleJockey makes no representations concerning any content contained in or accessed through the Service, and BottleJockey will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
None of BottleJockey, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the "BottleJockey Parties" ) guarantees the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the site. None of the BottleJockey Parties warrant that this site or the service will be uninterrupted or error free, that any specific information that is requested will be provided or that this site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this site and the accuracy, timeliness or completeness of the content or services is assumed solely by you. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty last, so the above limitations may not apply to you.
In no event will any of the BottleJockey Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Service, or any of the site content, third-party content or other materials on, accessed through or downloaded from the site, even if BottleJockey is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BottleJockey's entire cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BottleJockey for the service during the term of your membership, but in no case will BottleJockey's liability to you exceed US $100. You acknowledge that if no fees are paid to BottleJockey for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from BottleJockey, regardless of the cause of action. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the BottleJockey parties' liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
BottleJockey may terminate your user account, delete your profile and any content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event BottleJockey has determined you are a repeat offender of these Terms of Service.
You agree that the Website does not give rise to personal jurisdiction over BottleJockey, either specific or general, in jurisdictions other than the laws of the State of Delaware. Any claim or dispute between you and BottleJockey that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Delaware. Those who do not choose to access the BottleJockey do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
You agree to indemnify and hold all of the BottleJockey Parties harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of the Terms of Service or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions" ), provided by you to BottleJockey are non-confidential and shall become the sole property of BottleJockey. BottleJockey shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In the event that any portion of these Terms of Service are held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Service shall remain in full force and effect. All provisions of these Terms of Service that by their terms are reasonably expected to survive the termination of these Terms of Service, including, without limitation, the sections of these Terms of Service entitled Disclaimer, Limitation of Liability, Governing Law/Jurisdiction, Indemnity and General shall survive the termination of these Terms of Service. These Terms of Service contains the entire agreement of the parties concerning your use of this Site and the Service and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You may not assign these Terms of Service. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Service. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.
