Version 3.0, Last Updated: 1. August 2021.
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.
- 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
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
- 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:
Attn. Designated Copyright Agent
3443 NW 107th Street
Miami FL 33167
or E-mail to firstname.lastname@example.org
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
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.
1.12 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.
2. Posted Information
2.1 All Posted Information is Public
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.
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:
- 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.
- 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
6.1 Governing Law
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
6.4 Independent Contractors