Shop Terms & Conditions

 
 

 1.     You Agree To These Terms By Shopping From This Site

Your shopping, and use of, the Site is subject to the following Shop Terms of Use and all applicable laws and regulations. By shopping and ordering from this Site, you accept, without limitation or qualification, these Shop Terms of Use, and acknowledge that any other agreements between you and Cocoa and Company, Ltd. is superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Shop Terms of Use, please exit and do not shop on this Site.

2.     Ownership Of Photos

By shopping on this Site you agree that the images being provided to you are licensed to you for personal use only (unless directly stated); including: printing, copying, emailing, and web publishing. Your license does not include any use that results in financial gain directly or indirectly, including but not limited to: marketing or advertising (paid or unpaid) by you or any other third-party, stock photography, print sale profits or credits, resale, relicensing or loan of images of any nature.

3.     Social Media Usage Agreement

By ordering any digital products/photos [art, graphics, designs, digital downloads, proofs, poses or alike] from this Site you agree to use the ordered photos in the following way: post photos to social media sites, only in the case that Cocoa & Co. is credited in the post[using @thecocoanco] AND the photo description [using @thecocoanco] AND tagged [using @thecocoanco]. You may not edit, alter or remove any Cocoa & Company, Ltd. watermark(s) and/or overlays/branding, add filters, stickers or alter the images in any way; the photo must stay visible in the way in which it was provided to you, doing otherwise is a violation of this policy and you may be subject to financial damages and/or a revocation of your right to use the images. Additionally, it is understood that you are permitted to click the “share” button on any photos posted to Cocoa & Co’s facebook (http://www.facebook.com/thecocoanco) page. Sharing can NOT be done via screenshots of photos on Facebook, Instagram, Google, Twitter or any webpage/gallery from the Cocoa & Co. website. 

4.     Usage Of Physical Products

By shopping on this Site you agree that the physical products being sold are for personal use only (unless directly stated). Your license does not include any use that results in financial gain directly or indirectly, including but not limited to: marketing or advertising (paid or unpaid) by you or any other third-party, stock photography, print sale profits or credits, resale, relicensing or loan of images of any nature. You also agree not to copy or duplicate any physical products purchased from this Site.

5.     Exclusion Of Liability

PURCHASING/ORDERING ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE IS AT YOUR OWN RISK. NEITHER COCOA AND COMPANY, LTD., NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

6.     Links To Third Party Sites

The Site may contain links to sites owned or operated by parties other than Cocoa and Company, Ltd.. Such links are provided for your convenience only. Cocoa and Company, Ltd. does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Cocoa and Company, Ltd. specifically disclaims any responsibility if such sites:

Neither does Cocoa and Company, Ltd. endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Cocoa and Company, Ltd..

  • Infringe any third party's intellectual property rights;

  • Are inaccurate, incomplete or misleading;

  • Are not merchantable or fit for a particular purpose;

  • Do not provide adequate security;

  • Contain viruses or other items of a destructive nature; or

  • Are libelous or defamatory.

7.   Termination

You agree that Cocoa and Company, Ltd., in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if Cocoa and Company, Ltd. believes that you have violated or acted inconsistently with the letter or spirit of these Shop Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Cocoa and Company, Ltd. may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Cocoa and Company, Ltd. nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

8.   Revisions To The Terms

Cocoa and Company, Ltd. may at any time, and without notice, revise these Shop Terms Of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Shop Terms of Use.

When shopping on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Shop Terms of Use.

9.   Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, Cocoa and Company, Ltd. hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the following web site:http://www.staysafeonline.org/.

10.   Claims Of Copyright Infringement

The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Cocoa and Company, Ltd. a notice requesting that Cocoa and Company, Ltd. remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Cocoa and Company, Ltd. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Cocoa and Company, Ltd.

605 North High Street, #405

Columbus, OH 43215

E-mail: customercare@cocoanco.com

Details are available at http://www.copyright.gov/onlinesp/.

Cocoa and Company, Ltd. suggests that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.

1.     Information Or Complaints

If you have a question or complaint regarding the Site, please send an e-mail to customercare@cocoanco.com

2.     Void Where Prohibited

Although the Site is accessible worldwide, services discussed or referenced in the Site are solely available to persons in the United States at this time.