1. You Agree to These Terms by Using this Site
Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these 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 is superseded with respect to this subject matter.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 Terms of Use, please exit the Site.
2. Ownership of Content
The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Cocoa and Company, Ltd. or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Cocoa and Company, Ltd. or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that Cocoa and Company, Ltd. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. Your Use of the Site
The Cocoa and Company, Ltd. grants you permission to use the Site as follows:
You may download Content from this Site that is expressly made available for downloading, but you may only use such Content for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content;
Other than as stated above, you may not use images on any section of the Site without Cocoa and Company, Ltd.'s written permission;
You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Cocoa and Company, Ltd.'s written permission;
You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law - Cocoa and Company, Ltd. will fully cooperate with any law enforcement authorities or any court order requesting or directing Cocoa and Company, Ltd. to disclose the identity of anyone posting or transmitting any such information or materials;
You are prohibited from using the Site to advertise or perform any commercial solicitation;
You are prohibited from using the Site to post or transmit any code, file or program that is harmful or invasive that may damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site; and
You are prohibited from interfering with or disrupting the operation of the Site.
4. User Content and Submissions
Cocoa and Company, Ltd. may provide users of the Site with access to certain specialized content and interactive services through which you are able to display or post information and materials (such content and services, collectively, the "Services"), and certain software tools that can be used for various purposes, including to interact with other Site users or to create content (such software and tools, collectively, the "Software").
The Services and Software shall remain the property of Cocoa and Company, Ltd. and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as otherwise expressly authorized in writing in advance by Cocoa and Company, Ltd., you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any materials made available through the Site. Certain Software may be governed by an additional end user license agreement to which you may be required to agree before using such Software.
Except in the case of challenges or contests, information or materials that you choose to display, submit or post on any interactive services of the Site ("User Content"), you grant Cocoa and Company, Ltd. a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use reproduce, distribute, adapt (including, without limitation, edit, modify, translate or reformat), derive, transmit, display and perform, publicly or otherwise, such User Content (including, without limitation, your voice or likeness as embodied in such User Content), in any media now known or hereafter developed, for Cocoa and Company, Ltd.’s business purposes, and (b) sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including, without limitation, rights in any musical compositions and/or sound recordings embodied or embedded in any User Content), and that such User Content (as applicable), and your provision or creation thereof through the Site, complies with all applicable laws and regulations, and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property rights of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you may have under applicable law under any legal theory.
For any User Content, you acknowledge and agree that (a) Cocoa and Company, Ltd. reserves the right (but has no obligation) to evaluate User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site; and (b) may do one or all of the following, at its discretion: (i) monitor User Content; (ii) alter, remove or refuse to post or allow to be posted or stored any User Content; (iii) monitor and/or filter any of your communications through the Site (including, without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iv) disclose any User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site; to protect Cocoa and Company, Ltd. and its affiliates, employees, officers, directors, shareholders, agents and representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purposes. In addition Cocoa and Company, Ltd. shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any User Content.
Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive or offensive. Cocoa and Company, Ltd. neither endorses nor is responsible for any opinion, advice, information or statements made in any Services by third parties. Without limitation, Cocoa and Company, Ltd. is not responsible for any information or materials made available through the Services (including, without limitation, errors or omissions in posting or links or images embedded in messages or profiles) or results obtained by using any such information or materials. Under no circumstance will Cocoa and Company, Ltd., its affiliates, employees, officers, directors, shareholders, agents or representatives be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Services reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Cocoa and Company, Ltd..
All User Content submitted as part of a challenge or contest on the Site will become Content that is owned by Cocoa and Company, Ltd..
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN ANY USER CONTENT OR SUBMISSION YOU DO SO AT YOUR OWN RISK.
5. Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Cocoa and Company, Ltd. in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, Cocoa and Company, Ltd. may terminate your use of the Site.
6. Disclaimer of Warranties
ALL SOFTWARE, SERVICES, CONTENT AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Cocoa and Company, Ltd. neither warrants nor represents that your use of the Site, any Software, Services, Content or User Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Cocoa and Company, Ltd. assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
7. Exclusion of Liability
YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES OR MATERIALS AVAILABLE THROUGH 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.
8. 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.
9. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported:
Cocoa and Company, Ltd. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
Into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
10. Indemnity
You agree to defend, indemnify and hold harmless Cocoa and Company, Ltd. and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including, without limitation, lawyers’ fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through an account you might register on this Site; or (c) any allegation that any User Content that you make available or create through the Site, the Services or the Software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
11. 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 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.
12. Revisions to the Terms
Cocoa and Company, Ltd. may at any time, and without notice, revise these 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 Terms of Use.
When using any Services or Software 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 Terms of Use.
13. Revisions to the Site
Cocoa and Company, Ltd. reserves the right, at any time, to temporarily or permanently modify or discontinue the Site, the Services or the Software, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that Cocoa and Company, Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, Content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
14. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of Georgia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Fulton County, Georgia, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
15. Severability
If any provision of these Terms of Use found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.
16. Rules for Challenges, Sweepstakes, Contests, Raffles, Surveys and Similar Promotions
Any challenges, sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site will be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstake, competition, raffle, survey or promotion, you will become subject to those rules, which may vary from these Terms of Use. Cocoa and Company, Ltd. urges you to read the applicable rules, which are linked to from the particular activity, and to review this Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.
17. 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/.
18. 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.