BrewZap Business Agreement

Posted: March 1st, 2017

 

This BrewZap Business Agreement (the "Agreement") is between Corey Roth Consulting LLC, a Texas corporation (dba, "Cork, Bottle, and Barrel") doing business as Cork, Bottle, and Barrel and the organization agreeing to these terms ("Customer"). This Agreement governs access to and use of the Services and Beta Services. By using the mobile app using the BrewZap product, signing your contract for the Services, or using the Services, you agree to this Agreement as a Customer.

  1.  Services.

    1. Provision. This Agreement governs access to, and use of, the Services and Software. Customer and End Users may access and use the Services in accordance with this Agreement.

    2. Security Measures.. Cork, Bottle, and Barrel will use, at a minimum, industry standard technical and organizational security measures to transfer, store, and process Customer Data. These measures are designed to protect the integrity of Customer Data and guard against the unauthorized or unlawful access to, use, and processing of Customer Data.

    3. Data Processing and Transfer.

      1. Data Processing. Cork, Bottle, and Barrel and its Sub-processors will only process Customer Data to provide the Services and to fulfill Cork, Bottle, and Barrel's obligations under the Agreement. Sub-processors' processing activities will be restricted to processing on Cork, Bottle, and Barrel's behalf and in accordance with Cork, Bottle, and Barrel's instructions. Customer agrees that Cork, Bottle, and Barrel and its Sub-processors may transfer, store, and process Customer Data in locations other than Customer's country.

    4. Modifications. Cork, Bottle, and Barrel may update the Services from time to time. If Cork, Bottle, and Barrel changes the Services in a manner that materially reduces their functionality, Cork, Bottle, and Barrel will notify Customer at the email address associated with the account, and Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis.

    5. Software.

      1. License. Cork, Bottle, and Barrel hereby grants to Customer during the Term a limited non-exclusive license to use the Software solely in connection with the Services and in accordance with this Agreement. This license is non-transferable (subject to Section 12.8), irrevocable (except as set forth in Section 7), non-sublicensable, and will be fully paid up upon Customer's payment of the Fees.

  2.  Customer Obligations.

    1. Customer Administration of the Services. Customer may specify End Users as Administrators through the Admin Console. Customer is responsible for maintaining the confidentiality of passwords and Admin Accounts, and managing access to Admin Accounts. Cork, Bottle, and Barrel's responsibilities do not extend to the internal management or administration of the Services for Customer.

    2. Unauthorized Use or Access. Customer will prevent unauthorized use of the Services by its End Users and terminate any unauthorized use of or access to the Services. End User Accounts may only be provisioned, registered, and used by a single End User. The Services are not intended for End Users under the age of 13. Customer will ensure that it does not allow any person under 13 to use the Services. Customer will promptly notify Cork, Bottle, and Barrel of any unauthorized use of or access to the Services.

    3. Restrictions. Customer will not: (a) sell, resell, or lease the Services or Software; (b) use the Services or Software for activities where use or failure of the Services or Software could lead to physical damage, death, or personal injury; (c) reverse engineer the Services or Software, or attempt or assist anyone else to do so, unless this restriction is prohibited by law; or (d) use the Services or Software, including the export or re-export of Customer Data, in violation of Export Control Laws.

    4. Compliance. Customer and its End Users must use the Services in compliance with the Acceptable Use Policy. Customer is responsible for use of the Services by its End Users. Customer will comply with laws and regulations applicable to Customer's use of the Services, if any. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in this Agreement and to allow Cork, Bottle, and Barrel to provide the Services.

    5. Third-Party Apps and Integrations. If Customer uses any third-party service or applications, such as a service that uses a Cork, Bottle, and Barrel API, with the Services: (a) Cork, Bottle, and Barrel will not be responsible for any act or omission of the third-party, including the third-party's access to or use of Customer Data; and (b) Cork, Bottle, and Barrel does not warrant or support any service provided by the third-party.

    6. Third-Party Requests.

      1. Customer Responsibility. Customer is responsible for responding to Third-Party Requests via its own access to information. Customer will seek to obtain information required to respond to Third-Party Requests and will contact Cork, Bottle, and Barrel only if it cannot obtain such information despite diligent efforts.

      2. Cork, Bottle, and Barrel Responsibility. Cork, Bottle, and Barrel will make commercially reasonable efforts, to the extent allowed by law and by the terms of the Third-Party Request, to: (i) promptly notify Customer of Cork, Bottle, and Barrel's receipt of a Third-Party Request; (ii) comply with Customer's commercially reasonable requests regarding its efforts to oppose a Third-Party Request; and (iii) provide Customer with information or tools required for Customer to respond to the Third-Party Request, if Customer is otherwise unable to obtain the information. If Customer fails to promptly respond to any Third-Party Request, then Cork, Bottle, and Barrel may, but will not be obligated to do so.

  3.  Payment.

    1. Fees. Customer will pay Cork, Bottle, and Barrel all applicable Fees for the Services, in the currency indicated on the Order Form. Customer authorizes Cork, Bottle, and Barrel to charge Customer for all applicable Fees using Customer's selected payment method. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.

    2. Payment. Customer will pay Cork, Bottle, and Barrel invoices on the payment interval set forth in the Order Form. Cork, Bottle, and Barrel may suspend or terminate the Services if Fees are past due.  Cork, Bottle, and Barrel may remove the Customer’s app from any applicable app stores as well as discontinue API services for any customer that has fees that are past due.  Customer will provide complete and accurate billing and contact information to Cork, Bottle, and Barrel.

    3. Taxes. Fees are exclusive of taxes and Customer is responsible for all Taxes. Cork, Bottle, and Barrel will charge Taxes when required to do so. If Customer provides Cork, Bottle, and Barrel or its reseller with a valid exemption certificate, Cork, Bottle, and Barrel or the reseller will not collect the taxes covered by that certificate.

    4. Withholding Taxes. Customer will pay Cork, Bottle, and Barrel or its reseller net of any applicable Withholding Taxes. Customer and Cork, Bottle, and Barrel, or Customer's reseller as applicable, will work together to avoid any Withholding Tax if exemptions, or a reduced treaty withholding rate, are available. If Cork, Bottle, and Barrel or Customer's reseller qualifies for a tax exemption, or a reduced treaty withholding rate, Cork, Bottle, and Barrel or Customer's reseller will provide Customer with reasonable documentary proof. Customer will provide Cork, Bottle, and Barrel or Customer's reseller reasonable evidence that it has paid the relevant authority for the sum withheld or deducted.

    5. Auto-renewals and Trials. CORK, BOTTLE, AND BARREL MAY CHARGE AUTOMATICALLY AT THE END OF THE SUBSCRIPTION TERM OR FOR THE RENEWAL, UNLESS THE CUSTOMER NOTIFIES CORK, BOTTLE, AND BARREL (OR THE CUSTOMER'S RESELLER, AS APPLICABLE) THAT THE CUSTOMER WANTS TO CANCEL OR DISABLE AUTO-RENEWAL. Cork, Bottle, and Barrel may revise Service rates by providing the Customer at least thirty days' notice prior to the next charge.

  4.  Suspension.

    1. Of End User Accounts by Cork, Bottle, and Barrel. If an End User: (a) violates this Agreement; or (b) uses the Services in a manner that Cork, Bottle, and Barrel reasonably believes will cause it liability, then Cork, Bottle, and Barrel may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then Cork, Bottle, and Barrel may do so.

    2. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then Cork, Bottle, and Barrel may automatically suspend use of the Services. Cork, Bottle, and Barrel will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.

  5.  Intellectual Property Rights.

    1. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant: (a) Cork, Bottle, and Barrel any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services or Cork, Bottle, and Barrel trademarks and brand features.

    2. Limited Permission. Customer grants Cork, Bottle, and Barrel only the limited rights that are reasonably necessary for Cork, Bottle, and Barrel to provide the Services. This limited permission also extends to Subcontractors or Sub-processors.

    3. Suggestions. Cork, Bottle, and Barrel may use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions on the Services that Customer or End Users may send Cork, Bottle, and Barrel or post in Cork, Bottle, and Barrel's forums without any obligation to Customer.

  6.  Term.

    1. Agreement Term. This Agreement will remain in effect for the Term.

    2. Services Term. Cork, Bottle, and Barrel will provide the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, End User Accounts purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.  The Services Term will be one year regardless if the customer pays monthly or annually and will automatically renew unless the customer notifies Cork, Bottle, and Barrel via e-mail at support@brewzap.com. 

  7.  Termination.

    1. Generally. Either Party may terminate this Agreement, including all Order Forms, if: (i) the other Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

    2. Effects of Termination. If this Agreement terminates: (a) except as set forth in this Section, the rights and licenses granted by Cork, Bottle, and Barrel to Customer will cease immediately; (b) Cork, Bottle, and Barrel may, at Customer's request, provide Customer access to its account at then-current fees so that Customer may export its Customer Data; and (c) after a commercially reasonable period of time, Cork, Bottle, and Barrel may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.6 (Third Party Requests), 3 (Payment), 5 (Intellectual Property Rights), 7.2 (Effects of Termination), 8 (Indemnification), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Disputes), and 12 (Miscellaneous).

  8.  Indemnification.

    1. By Customer. Customer will indemnify, defend, and hold harmless Cork, Bottle, and Barrel from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Cork, Bottle, and Barrel and its Affiliates regarding: (a) Customer Data; (b) Imagery; or (c) Customer's, or Customer's End Users', use of the Services in violation of this Agreement.

    2. By Cork, Bottle, and Barrel. Cork, Bottle, and Barrel will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Customer to the extent based on an allegation that Cork, Bottle, and Barrel's technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will Cork, Bottle, and Barrel have any obligations or liability under this section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by Cork, Bottle, and Barrel; and (b) any content, information, or data provided by Customer, End Users, or other third parties.

    3. Possible Infringement. If Cork, Bottle, and Barrel believes the Services or Software infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Cork, Bottle, and Barrel may: (a) obtain the right for Customer, at Cork, Bottle, and Barrel's expense, to continue using the Services or Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services or Software so that they no longer infringe. If Cork, Bottle, and Barrel does not believe the options described in this section are commercially reasonable, then Cork, Bottle, and Barrel may suspend or terminate Customer's use of the affected Services or Software, with a pro-rata refund of prepaid fees for the Services or Software.

    4. General. The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE CORK, BOTTLE, AND BARREL AND CUSTOMER'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.

  9.  Disclaimers.

    1. Generally. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR CORK, BOTTLE, AND BARREL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.

    2. Beta Services. Despite anything to the contrary in this Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (e) CORK, BOTTLE, AND BARREL WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.

    3. No Service Level Agreement.  Cork, Bottle, and Barrel relies on cloud based technologies including Microsoft Azure, Facebook, Foursquare, and Untappd for Business.  Cork, Bottle, and Barrel will not be held liable for any outage caused by these services.   Cork, Bottle, and Barrel will make a best effort to restore service to our provided apps during an outage.

  10.  Limitation of Liability.

    1. Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR CORK, BOTTLE, AND BARREL OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR CORK, BOTTLE, AND BARREL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    2. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, CORK, BOTTLE, AND BARREL'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $500 OR THE AMOUNT PAID BY CUSTOMER TO CORK, BOTTLE, AND BARREL HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.  CORK, BOTTLE, AND BARREL WILL NOT BE HELD FINANCIALLY RESPONSIBLE FOR ANY PERCEIVED LOSS OF BUSINESS DUE TO AN OUTAGE IN THE APP.

  11.  Disputes.

    1. Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 12.6. If a dispute is not resolved within thirty days of notice, Customer or Cork, Bottle, and Barrel may bring a formal proceeding.

    2. Arbitration. Customer and Cork, Bottle, and Barrel agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Fort Wort, TX, or any other location both parties agree to in writing.

    3. Exception to Arbitration. Either Party may bring a lawsuit in the federal or state courts of Tarrant County, Texas solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and Cork, Bottle, and Barrel consent to venue and personal jurisdiction there.

    4. NO CLASS ACTIONS. Customer may only resolve disputes with Cork, Bottle, and Barrel on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.

  12.  Miscellaneous.

    1. Terms Modification. Cork, Bottle, and Barrel may revise this Agreement from time to time and the most current version will always be posted on the Cork, Bottle, and Barrel Business website. If a revision, in Cork, Bottle, and Barrel's sole discretion, is material, Cork, Bottle, and Barrel will notify Customer (by, for example, sending an email to the email address associated with the applicable account). Other revisions may be posted to Cork, Bottle, and Barrel's blog or terms page, and Customer is responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within thirty days of receiving notice of the change.

    2. Entire Agreement. This Agreement supersedes any prior agreements or understandings between the Parties, and constitutes the entire Agreement between the Parties related to this subject matter. All attachments to the Agreement, Customer invoices, and Order Forms executed by the Parties, are hereby incorporated into the Agreement by this reference.

    3. Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Order Form, the Agreement. The terms and conditions of this Agreement will be considered the confidential information of Cork, Bottle, and Barrel, and Customer will not disclose the information to any third parties. Customer agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If End Users are required to click through terms of service in order to use the Services, those click through terms are subordinate to this Agreement and this Agreement will control if there is a conflict.

    4. Governing Law. THE AGREEMENT WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.

    5. Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.

    6. Notice. Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to Cork, Bottle, and Barrel must be sent to Cork, Bottle, and Barrel support@brewzap.com. 

    7. Waiver. A waiver of any default is not a waiver of any subsequent default.

    8. Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of Cork, Bottle, and Barrel. Cork, Bottle, and Barrel may not assign this Agreement without providing notice to Customer, except Cork, Bottle, and Barrel may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.

    9. No Agency. Cork, Bottle, and Barrel and Customer are not legal partners or agents, but are independent contractors.

    10. Subcontracting. Cork, Bottle, and Barrel will remain liable for all acts or omissions of its Subcontractors or Sub-processors, and for any subcontracted obligations.

    11. Force Majeure. Except for payment obligations, neither Cork, Bottle, and Barrel nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).

    12. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer's End Users are not third-party beneficiaries to Customer's rights under this Agreement.

  13.  Definitions.

    • "Acceptable Use Policy" means the Cork, Bottle, and Barrel acceptable use policy set forth at the following link, or other link that Cork, Bottle, and Barrel may provide.

    • "Account Data" means the account and contact information submitted to the Services by Customer or End Users.

    • "Administrator" means the Customer-designated technical End User who administers the Services to End Users on Customer's behalf. Administrators may be able to access, disclose, restrict or remove Customer Data in or from End User Accounts. Administrators may also have the ability to monitor, restrict, or terminate access to End User Accounts.

    • "Admin Account" means the administrative account provided to Customer by Cork, Bottle, and Barrel for the purpose of administering the Services.

    • "Admin Console" means the online tool provided by Cork, Bottle, and Barrel to Customer for use in administering the Services.

    • “App” the mobile app provided by Cork, Bottle, and Barrel.

    • "Affiliate" means any entity that controls, is controlled by or is under common control with a Party, where "control" means the ability to direct the management and policies of an entity.

    • "Beta Services" means services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.

    • "Customer Data" means Stored Data, Account Data, and messages, comments, structured data, photos, and other content submitted to the Services by Customer or End Users.

    • "Effective Date" means the date this Agreement is accepted by Customer.

    • "End Users" means users of Customer's Services account. End Users may include Customer's and its Affiliate's employees and consultants.

    • "End User Account" means a Cork, Bottle, and Barrel hosted account established by Customer through the Services for an End User.

    • "Fees" means the amounts invoiced to Customer by Cork, Bottle, and Barrel for the Services as described on the Order Form.

    • "Initial Services Term" means the term for the applicable Services beginning on the Provisioning Date and continuing for the duration set forth on the Order Form.

    • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.

    • "Order Form" means the ordering document, or ordering page, for the Services.

    • "Provisioning Date" is the date upon which Cork, Bottle, and Barrel makes the Services available to Customer.

    • "Renewal Term" means, unless otherwise agreed to in writing by the Parties, the twelve-month renewal term following either the Services Initial Term, or a previous Renewal Term. Renewal Terms are set forth on the Order Form.

    • "Security Emergency" means: (i) use of the Services that do or could disrupt the Services, other customers' use of the Services, or the infrastructure used to provide the Services; or (ii) unauthorized third-party access to the Services.

    • "Services" means the services ordered by Customer and provided by Cork, Bottle, and Barrel to Customer, which are described at https://www.corkbottleandbarrel.com/brewzap2  or other link that Cork, Bottle, and Barrel may provide.

    • "Services Term" means the Initial Services Term and all Renewal Terms for the applicable Services.

    • "Software" means the client software provided as part of the Services.

    • "Stored Data" means the files uploaded to the Services using the Software by Customer or End Users.

    • "Subcontractor" means an entity to whom Cork, Bottle, and Barrel subcontracts any of its obligations under this Agreement.

    • "Sub-processor" means an entity who agrees to process Stored Data on Cork, Bottle, and Barrel's behalf, or on behalf of another Cork, Bottle, and Barrel sub-processor, in order to provide the Services.

    • "Taxes" means any sales, use, value added, goods and services, consumption, excise, local stamp, or other tax, (including but not limited to ISS, CIDE, PIS, CONFINS), duty or other charge of any kind or nature excluding tax that is based on Cork, Bottle, and Barrel's net income, associated with the Services or Software, including any related penalties or interest.

    • "Term" means the term of the Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of the Services Term; or (ii) the Agreement is terminated as set forth herein.

    • "Third-Party Request" means a request from a third-party for records relating to an End User's use of the Services including information in or from an End User Account, or from Customer's Services account. Third-Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users, or an End User's authorized representative, permitting a disclosure.

    • "Withholding Taxes" mean any Taxes Customer is required by law to withhold, which are then imposed on Cork, Bottle, and Barrel, or Customer's reseller, as applicable.

 

Cork, Bottle, and Barrel (“Cork, Bottle, and Barrel”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Dropbox will respond expeditiously to claims of copyright infringement committed using the Dropbox service and/or the Dropbox website (the “Site”) if such claims are reported to Dropbox’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Cork, Bottle, and Barrel’s Designated Copyright Agent. Upon receipt of Notice as described below, Cork, Bottle, and Barrel will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.