Terms of Use

Version 3.0, Last Updated: 1. August 2021.

Website: www.coozy.com

Picanova Inc. ("Picanova") provides the www.coozy.com (the "Website") as a service to its customers and other interested parties. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.coozy.com/pages/privacy-policy , incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE. Picanova may change these Terms of Use from time to time, at Picanova' sole discretion. Your continued use of the Website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Website to review the current version of these Terms of Use. The Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Picanova and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1.      General Provisions

1.1    Use of Information available on the Website

  • Except for Posted information, all information or materials contained on the Website ("Website Information") is the property of Picanova and/or its suppliers or licensors.
  • You may electronically copy or print in hard copy any portion of the Website and any information incorporated therein solely for your internal reference purposes within your organization or for your own personal use. You agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information on the Website provided by Picanova or any third party without prior written approval of the owner of the rights thereto is prohibited.
  • Certain materials published on the Website may contain other restrictions, proprietary notices and/or copyright information, such as notices that limit or prohibit your ability to make copies of such materials. Please review all additional notices before making any copies.
  • Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Picanova, its suppliers or licensors, or any other third party.
  • EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON THE WEBSITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE WEBSITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

1.2    Design, Layout and Functionalities

The design, layout and functionalities of the Website are the property of Picanova and its licensors. Elements of the Website, including but not limited to logos, graphics, sounds or images, are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and may not be copied or imitated except with prior written authorization of Picanova or its licensors.

1.3    Links to third Party Websites

Any links to third party websites are provided solely for your convenience. Such websites are not under the control of Picanova, and Picanova is not responsible for their content, any changes or updates to them, or the collection, processing, storage and sharing of any personal data or information by the operators of such websites. It is your responsibility to familiarize yourself with the privacy policies of such third party websites before submitting any information to them.

1.4    User Privacy Information

You may visit the Website while remaining anonymous and not revealing any personal information. However, Picanova uses "cookie" technology to obtain non-personal information from its online visitors. In addition, before you can access or use certain portions of the Website, such as ordering our products, you may be required to provide certain personal information, such as your name, address, and email. Picanova does not, without your permission, distribute to third party’s information you have submitted to this Website that identifies you personally, except that if you make a purchase using Picanova’s services, personal information you provided may have to be provided to our affiliates, shipping partners and payment processing companies for the limited purposes of fulfilling your order and processing payment. For a complete description of how Picanova uses the information collected from the Website, please review our Privacy Policy. Picanova intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to Picanova or on the Website.

1.5    Accuracy and Changes to Information

Picanova strives to provide accurate information on the Website; however, Picanova does not warrant that descriptions or other content of the Website are accurate, complete, reliable, current or error-free, including with respect to product descriptions, pricing, availability, and various other information. Picanova reserves the right to modify, correct, revise or discontinue all or any portion of the Website, or any of its features, functionality or services at any time, without prior notice and without liability.

1.6    User Feedback and Improper Transmissions

  • Except for Post Information or Personal information (as defined in our Privacy Policy), if you transmit to or otherwise provide to Picanova any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. Picanova shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting User Feedback to Picanova, you grant to Picanova a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
  • You are prohibited from posting or transmitting to the Website any unsolicited chain letters or "spam", or any threatening, harassing, hateful, inflammatory, libelous, false, defamatory, offensive, indecent, obscene or pornographic material, material that invades someone's right to privacy or celebrity, material that violates someone's copyright or other intellectual property rights, or material that would violate any other applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities, or that is otherwise objectionable. However, if such communications do occur, Picanova will have no liability related to the content of any such communications.
  • You may not post or transmit to the Website any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
  • You are prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
  • Picanova may, but is not obligated to, review or monitor areas on the Website where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. Picanova reserves the right to restrict or delete communications it deems objectionable for any reason. Picanova is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

1.7    Digital Millennium Copyright Act

  • If you are a copyright owner or an agent thereof and believe that any Posted Information infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement 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
  • 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 owner of an exclusive right that is allegedly infringed.
  • Picanova's designated Copyright Agent to receive notifications of claimed infringement is:

Picanova Inc.

Attn. Designated Copyright Agent

3443 NW 107th Street

Miami FL 33167

or E-mail to copyright@picanova.com

 

You acknowledge that if you fail to comply with all of the requirements of Paragraph 1.7(a), your DMCA notice may not be valid.

  • Counter-Notice. If you believe that your Posted Information 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 applicable law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court with jurisdiction over Miami-Dade County, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, Picanova may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Posted Information provider, member or user, the removed Posted Information may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Picanova, Inc.'s sole discretion.

1.8    International Information

The Website may provide access to information of programs, services or products of Picanova, its suppliers or licensors, or other third parties that are not available in your country.

1.9    Contests and Sweepstakes

From time to time, you may be invited to participate in contests, sweepstakes or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. For a complete description of how Picanova uses the information collected from the Website, please see our Privacy Policy. Certain events on the Website may not be available in your jurisdiction.

1.10 Linking and Framing

You are permitted to view the Website only in its full presentation form and are prohibited from "framing" or embedding the Website in another website or social media platform. You may link to the Website only by linking to the home page located at www.coozy.com . You are prohibited from "deep linking" to any other pages in a manner that bypasses the home page.

1.11 Violation of Terms of Use

You acknowledge that Picanova has the right, in its sole discretion, to delete your Posted Information or other communications, suspend or terminate your access to the Website or your account without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Picanova, interfere with any other user's access or use of the Website, or if Picanova decides that your use is otherwise detrimental to Picanova, the Website, or Picanova's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact Picanova at support@coozy.freshdesk.com .Picanova may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report without any liability to you.

1.12 Website Services and Purchases

Picanova may, from time to time, offer through the Website certain services and may offer you to make purchases of certain products that are subject to their own specific terms.

1.13 Privacy Policy

To view how we collect, use and share personal information, please review our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use by reference.

2.      Posted Information

2.1    All Posted Information is Public

Picanova may reserve certain portions of the Website to permit registered users to post materials or information, including but not limited to sample materials, graphics, images, opinions, comments or questions ("Posted Information"). Picanova has provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it. By using these services and posting or transmitting to Picanova for posting such Posted Information, you acknowledge and agree that all Posted Information is publicly available to any viewer of the Website. You further acknowledge and agree that Picanova shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in anyway whatsoever by any individual or entity. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of Picanova's Privacy Policy.

 

2.2    License to Posted Information

  • By submitting the Posted Information for publication on the Website, you grant Picanova, and its subsidiaries and affiliates a perpetual, worldwide, royalty-free, irrevocable, sublicensable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute (in any format whatsoever) the Posted Information for any purpose related to the Website.
  • You also hereby authorize any third party who lawfully accesses the Posted Information via the Website to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization. If your Posted Information includes links to internet websites ("Posted Links"), you are deemed, to the extent you are able, to grant to Picanova a worldwide, royalty-free, sublicensable, non-exclusive right to display any Posted Link for so long as the Posted Link is available on the Website. Picanova requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet Website that you own, operate, or to which you are otherwise authorized to link.
  • Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Picanova with regard to the contents of Websites related to User Links.

2.3    Use and Monitoring of Posted Information

  • The decision to make Posted Information available, or to use or respond to Posted Information is yours alone. Picanova may make only a portion of the Website available for the publication, distribution, and review of Posted Information. Picanova is not involved in any transactions between the users who submit Posted Information and the users who view or use such information. Without limiting the generality of foregoing, Picanova is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Website.
  • In addition, please note that Picanova cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Website.
  • Picanova has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. Picanova may post the Posted Information as submitted by the person registered to post the information but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Website does not imply any endorsement by Picanova of the Posted Information.
  • Picanova reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of Picanova or the Website, including but not limited to rejecting Posted Information, removing Posted Information, and/or revoking the access of any user who violates these Terms of Use.

3.      User Representations and Warranties

3.1    Posting Information

Picanova respects the intellectual property rights of others and expects its users to do the same. Users are prohibited from posting anything on the Website that violates the intellectual property rights of others. Therefore, by registering or submitting Posted Information, you represent and warrant that:

  • You have all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you abide by these Terms of Use and make the Posted Information available;
  • The Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
  • You are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
  • The Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.

3.2    Reviewing or using Posted Information

By reviewing or using Posted Information of others, you represent and warrant that:

  • You will only use it for lawful purposes;
  • Your use of the Website will not violate or constitute the infringement of the Intellectual Property Rights of Picanova or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
  • Your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.

3.3    Copyright infringing Posted Information

If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to Picanova's Designated Copyright Agent.

4.      DISCLAIMERS, EXCLUSIONS, LIMITATIONS

For avoidance of doubt, please note that the term "Website" as used in this Section encompasses all content of this Website whatsoever, including but not limited to Posted Information.

4.1    DISCLAIMERS

  • THE WEBSITE IS PROVIDED BY PICANOVA "AS IS" AND WITH ALL FAULTS. PICANOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE WEBSITE OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PICANOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PICANOVA SPECIFICALLY STATES THAT THE USE OF THE WEBSITE IS AT YOUR OWN RISK. PICANOVA DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR TIMELINESS OF THE WEBSITE, ANY WARRANTY THAT THE WEBSITE WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PICANOVA SPECIFICALLY INFORMS YOU THAT PICANOVA MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

4.2    EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PICANOVA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE, OR THE USE OR INABILITY TO USE ANY OTHER WEBSITE LINKED TO THE WEBSITE, OR ANY CONTENT CONTAINED IN ANY SUCH WEBSITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS WEBSITE) EVEN IF PICANOVA, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PICANOVA, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

5.      Indemnification

You agree to indemnify, hold harmless, and defend Picanova and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Website, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Website by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by any Indemnified Party. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

6.      Miscellaneous

6.1    Governing Law

These Terms of Use are governed by the laws of the State of Florida, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply.

6.2    Jurisdiction

To the extent that any dispute between Picanova and you is not subject to arbitration pursuant to the Terms of Service, you agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in Dade County, Florida, in the event of any dispute of any kind arising from or relating to the Website, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non convenience. You and Picanova irrevocably waive the right to a jury trial.

6.3    No Waiver

The failure of Picanova to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right.

6.4    Independent Contractors

You and Picanova are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

6.5    Severability

Nothing in these Terms of Use is intended to affect your rights, if any, under applicable consumer protection laws. In the event that any of the terms of the Terms of Use contradict your rights under applicable consumer protection laws, then the terms of such law shall govern but only insofar as specific provisions of the Terms of Use are incompatible with such law, and the rest of the Terms of Use shall remain unaffected. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

 

 

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