Welcome to Coravin! Please read on to learn the rules and restrictions that govern your use of Coravin, Inc.’s (“Coravin” and sometimes “our,” “we,” and “us”) Moments application (the “Services”).
Coravin Moments recommends Wine Moments that are a combination of favorite/suggested moments such as movies/TV/music/food with wine(s). Coravin Moments has the capability to suggest wines that you already own, along with wines Coravin has identified might be of interest, to pair with certain moments.
Coravin Moments Cellar is a representation of the wines, flavors, varieties, and regions that you have indicated you enjoy. Coravin Moments Cellar encompasses wines that you own and wines Coravin has identified you may enjoy. The Service highlights both moments that are possible with the wines you have indicated that you own and ones you may not own.
Coravin Moments is able to recognize pictures of wine labels and allows you to identify and save the wines you like as you try them. This functionality allows you to scan bottles to add to the Coravin Moments Cellar. Each wine is automatically associated with details such as the regions, grapes, producer, reviews and ratings.
If you own a Coravin Model Eleven, Coravin Moments connects wirelessly to it, through Bluetooth. This enables you to know when your Capsule needs to be replaced or the system to be charged, to purchase more Capsules and Needles, to update the software as necessary, and to understand how you use your Model Eleven.
Among the Services, is the Coravin Wine Shop (“the Wine Shop”), through which Coravin partners with independent wineries, retailers, and/or other licensed wine sellers (“Wine Sellers”), enabling you to purchase wine directly from a Wine Seller. When you purchase wine using the Wine Shop, YOU ARE PURCHASING WINE FROM A THIRD PARTY LICENSED TO SELL ALCOHOLIC BEVERAGES, AND NOT FROM CORAVIN. WE NEVER TAKE TITLE TO ANY ALCOHOLIC BEVERAGES, NOR DO WE TAKE POSSESSION OF SUCH PRODUCTS.
As part of the registration process, you will be asked to select a username and password. Only you are permitted to access our Services and the User Content through your account. Without limiting the foregoing, you are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may suspend your account at any time by emailing firstname.lastname@example.org.
Unless Coravin explicitly states otherwise in an agreement between you and Coravin, as between you and Coravin, Coravin owns (or licenses) and retains all rights, title and interests in and to all Apps, data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through our Services (“Services Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Materials. All Services Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user of the Services and Coravin, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Services are proprietary to Coravin or its affiliates, licensors, Wine Sellers, or other suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Services Materials, other than the right to use the Services Materials in accordance with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
Certain features of the Services (including the registration processes described in Section 1 above) may allow you to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, for access, use, viewing and commentary by other users to the Services (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Services and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.
You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Coravin, you grant Coravin a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. This license continues even if you stop using our Services.
You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with Coravin, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Coravin as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials, unless otherwise authorized by these Terms or in a separate written agreement with Coravin; (g) attempting to gain unauthorized access to Coravin’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our Services; (h) any resale or commercial use of our Services, the Services Materials, or the User Content; (i) using our Services to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Coravin is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to Coravin and that in the event of such unauthorized use, Coravin shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Third Party Web Sites and Content
Our Services are available for informational purposes only. Our Services may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties, including but necessarily limited to the Wine Shop. Use of such third party links, features, and services, our Services and the Services Materials, and any other material or content on and made available through our Services is entirely at your own risk. Coravin does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Coravin’s third party payment processors. Coravin does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.
Wine Shop Orders
Wine Shop Shipping, Refunds, and Returns
For all sales made via the Wine Shop, you acknowledge and agree that Wine Sellers are responsible for the shipment of any products ordered, and Wine Sellers may use the services of various third parties in the fulfillment of any orders, in Wine Sellers’ sole discretion. You further acknowledge and agree that all refunds and returns are handled directly by Wine Sellers in accordance with all applicable laws and the policies of the applicable Wine Seller.
If there is a dispute between participants on this site, or between users and any third party, you agree that Coravin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Coravin, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Coravin, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
Availability of the Services
Coravin uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. Coravin will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Coravin shall not be liable for any modification, suspension, or discontinuance of our Services and that all amounts paid under these Terms are non-refundable. In addition, Coravin may update, modify, suspend or terminate the Services, in whole or in part, at any time.
No Warranties and Disclaimer
The information on our Services is for informational purposes only. Without limiting anything else in these Terms or otherwise, Coravin is not responsible for any errors or omissions in our Services or the Services Materials. Coravin, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by Coravin or any third party), links, advertisements, or other items contained within our Services. Coravin reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. Coravin cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, the products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion.
THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. CORAVIN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.
Limitation of Liability
CORAVIN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CORAVIN HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CORAVIN AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE USER CONTENT, THE SERVICES MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED $10. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CORAVIN AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with our Services or with any of these Terms, or feel Coravin has breached these Terms, your sole and exclusive remedy is to discontinue using the Services.
You shall indemnify Coravin and its directors, officers, employees, agents, contractors and licensors (“Coravin Indemnitees”) against all claims, actions, suits, and other proceedings (each, a “Claim”) arising out of or incurred in connection with our Services and your use of our Services, the Services Materials or any services, product or data obtained through our Services, your fraud, violation of law, negligence, willful misconduct, or any other use of our Services, the User Content, the Services Materials, the services, products, information and other materials on, in and made available through our Services, except to the extent attributable to Coravin, or any breach by you of these Terms and shall indemnify and hold Coravin Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Coravin. Coravin or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Coravin or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Coravin, subject to the right of Coravin to assume, at our sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Coravin may immediately terminate your access to all or any part of the Services (including without limitation, any App) at any time, with or without cause, with or without notice.
If you elect to terminate your registration and Services account, you may do so at any time by sending an email (that includes your email address) to email@example.com. Please be advised that your Services account is not terminated simply by deleting our App from your mobile device. Your registration and Services account can only be terminated by following the process described above in this provision
Upon any termination, all rights and obligations of the parties under these Terms shall cease, and you shall immediately stop accessing and using the Services, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of these Terms shall survive, (b) Coravin may retain and use User Content and other data and business records resulting from your use of the Services (but not in a manner that discloses your identity) and (c) the provisions of those sections of these Terms that should reasonably be understood to continue in effect shall survive (including without limitation, the sections entitled Proprietary Rights, No Warranties and Disclaimer, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction.
Channel Partner Terms
The term "Channel Partner" means any distribution platform operator or other third party who is authorized to make our Apps available for distribution pursuant to arrangements with Coravin. Currently, the only Channel Partner is Apple Inc. for iOS devices via the App Store. In the event that you obtain an App from one of our Channel Partners, then the following shall apply:
Both you and Coravin acknowledge that the Terms are concluded between you and Coravin only, and not with Channel Partner, and that Channel Partner is not responsible for the Application or the Content;
The Application is licensed to you on a limited, nonexclusive, nontransferable, nonsublicensable basis, solely to be used in connection with the Services for your private, personal, noncommercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Channel Partner device that you own or control;
You acknowledge and agree that Channel Partner has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Channel Partner of such failure; upon notification, Channel Partner’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Coravin, and not Channel Partner, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Coravin, and not Channel Partner, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Coravin acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Coravin acknowledge and agree that Channel Partner and Channel Partner’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Channel Partner will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Changes to These Terms
Coravin reserves the right at any time to modify, alter, or update these Terms. Your use of our Services following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited our Services before the change was made. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. Coravin may suspend or terminate your account and/or your ability to use our Services, for failure to comply with these Terms, for inactivity on our Services, for providing Coravin with untrue or inaccurate information about yourself, for infringement upon Coravin proprietary rights, or for any other reason whatsoever or for no reason.
Relationship Between the Parties
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
Governing Law and Jurisdiction
These Terms represent the entire agreement between you and Coravin with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on our Services, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Boston, Massachusetts; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Coravin agree that any claim or cause of action arising out of or related to the Services must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
ANY ACTION OR PROCEEDING UNDER THESE TERMS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND PROCEEDINGS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CORAVIN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Our Services are controlled and operated from within the United States. Without limiting anything else, Coravin makes no representation that our Services, Services Materials, User Content, services, products, information or other materials available on, in, or through our Services is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Coravin to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Coravin’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” These Terms (including all then current Policies) are the entire agreement between you and Coravin with respect to access, use and operation of the Services, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Coravin with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
If you have any questions or need to contact us, we recommend you reach out to firstname.lastname@example.org.
Copyright © 2018 Coravin, Inc.; All rights reserved.