UNSCREWED TERMS OF SERVICE
Effective Date: July 15, 2016
Unscrewed reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated this TOS. Such action may include cancelling your account, terminating your license to use the Service, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by Unscrewed.
1. Service Description. For the purposes of this TOS, the term “Service” means all functionality associated with the location-based Unscrewed mobile application, which enables Unscrewed users (“Users”) to: (a) access information about wine, including ratings and recommendations from professionals and other Unscrewed Users; (b) search for wine sellers in their area; (c) access online wine sellers; and (d) interact with other Unscrewed users, post and read comments, and upload photos; together with any future modifications and enhancements that may be provided by us.
(a) Our License to You: Unscrewed hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. Unscrewed retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Unscrewed.
(b) Your License to Us: You agree that we may copy, distribute, and display the information included in your Unscrewed profile, including your username, photographs, and third party social media accounts to other Unscrewed users in accordance with your account preferences without any obligation to compensate you or any other third party in any way for any such use. Such license that you are granting Unscrewed is royalty-free, perpetual, irrevocable and fully sub-licensable.
3. Age Restriction. The Service are not intended for people under 21 years of age, and you may not use the Service or create a user profile if you are under 21. You hereby represent and warrant that you are at least 21 years of age.
4. General Prohibitions. You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Service;
(c) Interfere with or disrupt the Service, or servers and networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Service;
(d) Create additional user accounts for any reason whatsoever, or to access and use accounts other than your own;
(e) Modify the Service in any manner or form, or use modified versions thereof;
(f) Reproduce, print, cache, store or distribute any information or content belonging to Unscrewed without our prior written permission;
(g) Sell, assign, sublicense, or otherwise transfer any right in the Service;
(h) Access the Service by any means other than through the interface that is provided by Unscrewed;
(i) Collect or store personal data about other Unscrewed users; or
(j) Use the Service to violate any law (whether local, state, national, or international).
5. Code of Conduct. You agree to abide by the following Code of Conduct, and to not use the Service to:
(a) Use the Service to transmit messages or to post any images or written content that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
(b) Harm, threaten, or otherwise harass any other Unscrewed User;
(c) Use the Service to display any unsolicited or unauthorized advertising or promotional materials, including (but not limited to) links to third party websites;
(d) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Use the Service in a manner that violates the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
6. Using the Service. You do not need to register to access the Unscrewed website; however, if you want to use Unscrewed, you must create an account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password. The following terms apply to your use of the Service:
(a) Creating Your Account. You may create an account by via an associated third party social media account directly via the Unscrewed app.
(b) Account Profile: Once you have created your account, you will have a public profile and your username and other information associated with your profile will be displayed to other Unscrewed users, together with any images or social media account information that you choose to add to your profile. Any information in your profile may be visible to other Users you have not expressly blocked, so do not include any information in your profile that you do not want to be viewed by other Unscrewed Users.
(c) Account Preferences and App Settings: You may adjust how you use Unscrewed by adjusting your account preferences and App settings, which may limit the number of other Users you interact with, or who can interact with you.
7. Advertisers and Links: Our Service may feature third party advertisements, including banner ads, videos, and links. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Service, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Unscrewed shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Service.
8. Alcoholic Beverage Notice. Unscrewed does not sell or solicit the purchase of wine or any other alcoholic beverage, but has established affiliate relationships with licensed wine and alcoholic beverage sellers (“Participating Sellers”) in order to facilitate wine and alcoholic beverages purchasers from those sellers. If you elect to purchase any product from a Participating Seller, we may ask you to provide us with payment information, shipping information, and other information that may be required by the Participating Seller from whom you are making the purchase. By submitting such information, you are granting us the right to transfer that information to the Participating Seller to facilitate your purchase. If you elect to purchase anything from a Participating Seller, the transaction will be solely between you and the Participating Seller and conducted in accordance with such seller’s policies. UNSCREWED EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY RESULT FROM YOUR PURCHASE OF ANY PRODUCT FROM A PARTICIPATING SELLER. Any offer to purchase alcoholic beverages may be void if prohibited by law, and you must prove that you are over the age of 21 in order to purchase any alcoholic beverage from a participating seller.
9. Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our Service. We do not monitor or control the activities our Users. Your interactions with other Users is solely at your own risk. In no event shall Unscrewed be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) any transactions or communications between you and our advertisers, Participating Sellers, and other users; (b) software glitches, server failures, power outages, or any other issue beyond our control; (c) any delays in or failure of the Service to operate as described; (c) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.
Unscrewed is not responsible for examining or evaluating the business practices, actions, omissions, or services of Participating Sellers. If you elect to establish an account with a Participating Seller, you should first carefully review the terms and conditions of that Seller’s service. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PARTICIPATING SELLER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE UNSCREWED, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of this TOS, including Sections 9, 10, and 11 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act.
10. Indemnification: You agree to defend, indemnify and hold Unscrewed, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including interactions with advertisers, Participating Sellers, and other users; (ii) your violation of any term of this TOS; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive this TOS and your use of the Service.
11. No Warranty: Unscrewed makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. UNSCREWED PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
12. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Unscrewed, Inc. Copyright Agent
5040 Seachase Way
San Diego, California 92101
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
13. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration in Los Angeles, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
14. Choice of Law; Forum: You agree that the Service shall be deemed based in California, and is housed on a passive server that does not give rise to personal jurisdiction over Unscrewed, either specific or general, in any jurisdiction other than California. This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Los Angeles, California. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
15. Limitation of Actions. Any claim or cause of action arising out of your use of the website or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Unscrewed to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision.
16. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Service and portions of this TOS, without advance notice to you. We will notify you of any changes to this TOS by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
17. Entire Agreement. This TOS and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
18. Severability. If any provision of this TOS is found by a court or other binding authority to be invalid, the remaining provisions contained in this TOS shall continue in full force and effect.
19. For Certain Device Users: The Service may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the Service, the following additional terms apply:
(a) This TOS is between you and Unscrewed only, and not with the Platform Provider. The Platform Provider is not responsible for the Service or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of Unscrewed.
(b) In unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
(c) The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Unscrewed is solely responsible for addressing any such claims.
(d) In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, Unscrewed, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) The Platform Provider and its subsidiaries are third party beneficiaries of this TOS, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this TOS against you as a third party beneficiary thereof.
If you have any questions or concerns with respect to this TOS, please see our Support Page.
Santa Monica, CA