These Terms of Use (the “Terms”) outline the terms and conditions for the use of the coozook.com website (the “Service” or the “Website”) operated by Coozook Inc. (“Coozook”, “us”, “we”, or “our”).
1. Consent. By accessing or using the Service you represent that you meet the eligibility requirements described below and you accept and agree to these Terms. If you do not agree to these Terms, do not use the Service.
2. Eligibility. The Service is offered to customers located in Canada who are at least 13 years old. Users under the age of majority in their jurisdiction of residence confirm having received the authorization of a parent or legal guardian in order to use the Service, if required. If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative and that you have full authority to bind such organization to these Terms.
3. Privacy. Personal information we collect is subject to our Privacy Policy relating to the collection, use, and disclosure of your personal information, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
4. Changes to Terms. We may, from time to time, amend these Terms at our sole discretion by posting the revised terms in the Service with no additional notice to you. Such revisions shall be effective immediately. Your continued use of the Service after any amendment constitutes your agreement to such changes.
5. Use of the Service
a. Permitted Use. You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
b. Change to Service. We reserve the right in our sole discretion to make changes from time to time and without notice in how we offer and operate our Service.
c. License Grant. Coozook and/or its licensors own the intellectual property rights for all content on the Website. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, revocable license for your own personal use, to access, the Service and to view and annotate content downloaded through the Service in accordance with the license type selected when purchasing the license. The content you licensed through our Service is for your personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. We reserve our right to delete any annotations you may have made to content downloaded through the Service a) after the expiry of your license term or b) after a period of twenty-four (24) months of inactivity in case of a license without term.
d. Prevention of Unauthorized Use. We reserve the right to exercise any lawful means to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet service provider regarding such unauthorized use. We may restrict access or block you at the request of our content providers or at our own initiative.
e. Account Security. Any information you provide through the Website must be true, accurate, complete and kept and up-to-date at all times. You are responsible for ensuring the confidentiality of your password and account and for all activities that occur under your account. In case of any suspicious or unauthorized activity on your account you must notify us immediately. You may be liable for losses incurred by us or third parties due to any unauthorized use of your account.
6. Prohibited Conduct. By using the Service you agree not to:
a. Use the Service for any purposes other than accessing the Service as outlined in these Terms;
b. Use, reproduce, distribute, modify, display, download, publish, license, create derivative works from, offer for sale, or otherwise assign content contained on or obtained through the Website, including Intellectual Property as further described in Section 10 below, without our express written authorization, except as explicitly authorized in these Terms;
c. Upload or distribute any content that is unlawful or that in our reasonable opinion is offensive, hateful, indecent, pornographic, defamatory, libelous, inaccurate, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, or otherwise inappropriate;
d. Impersonate or falsely claim an affiliation with any person or entity, misrepresent the source, identity, or content of information, or perform any other similar fraudulent activity;
e. Harass, abuse, threaten, or defame users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
f. Use the Service for any illegal activity, or in violation of any law or regulation, including, without limitation, laws governing intellectual property and privacy;
g. Interrupt, limit, remove, circumvent, alter, deactivate, or otherwise interfere with or compromise the functionality and operation of the Website or its features, including security-related features by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
h. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof;
i. Use any robot, spider, scraper or other automated means to access the Service, or to prevent or restrict access to the Service.
7. Content Disclaimer. We will have no responsibility or liability for any content appearing on our Website. By uploading content on our Website, you agree to indemnify and defend us against all claims arising out of or based upon such content stored on our Website. We reserve our right to investigate and remove any content that does not comply with these Terms at any time and without notice.
8. Links to other Websites. Our Website may contain links to other websites. These links are provided solely for your convenience and information and we have not reviewed any of such links. Unless stated otherwise, we do not endorse or otherwise sponsor such links. We are not responsible for the content of any other websites or pages linked to or linking to its. Following links to any other websites or pages is at your own risk.
9. Suspension and Termination. We may suspend, terminate or restrict your use of the Service, including your account and any content you have purchased or been granted access to, at any time and without penalty, compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms or (ii) engaged in illegal or improper use of the Service. In addition, we may report any fraudulent, abusive or illegal activity to the authorities. We reserve all our remedies at law.
10. Refund Policy. Content you purchase through the Service is not eligible for reimbursement. If the content is non-functional or defective, we will replace it upon written request at info@coozook.com
11. Intellectual Property of the Website. The Website and all elements contained on the Website including without limitation designs, logos, trade-marks, domain names, and computer code (the “Intellectual Property”) are the property of Coozook, its affiliated companies and/or third-party licensors and are protected by copyright or other intellectual property laws. You may not use, copy, modify, or create derivative works from, of the Intellectual Property without our express authorization. Failure to obtain such authorization is a violation of these Terms and an infringement of our copyright and other proprietary rights and is expressly prohibited. In addition, you may not use the Intellectual Property in connection with any products or services in any manner that is likely to cause confusion among our customers or potential customers or in any manner that disparages or discredits us or our Service.
12. Indemnification. You agree to indemnify, defend and hold Coozook, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use or misuse of the Service.
13. Disclaimer and Limitation of Liability
a. No Warranty. To the extent permissible under applicable law, Coozook and its officers, directors, employees, agents, licensors, and suppliers make no warranties, express or implied, with respect to the service, website and its contents, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. You acknowledge that we make no warranties or representations regarding the content of the website, including its accuracy, its availability, its security, or the servers upon which they reside is free of viruses or other harmful components. We do not warrant the accuracy of any specifications, pricing or other product information contained in the website and any related information is subject to change at any time.
b. Limitation of Liability. You expressly agree that the use of the website is at your sole risk. You acknowledge that under no circumstances will Coozook or its officers, directors, employees, agents, licensors, and suppliers be liable for any special, compensatory, direct, indirect, incidental, consequential, punitive, or exemplary damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with these terms, the use of, or inability to use, the website, its contents, or any third party hyperlinked website. We do not warrant that access to or use of the website and content downloaded through the Service will be at all times uninterrupted or error-free and we will not be liable for acts of network hacking or malfunctioning of any computer component, software or communications line, loss or lack of a communications network, loss of data including annotations of content downloaded through the Service, or any transmission that is faulty, incomplete, incomprehensible or erased by any computer or network. In no event will the total liability of Coozook exceed the amount paid by you to access the service. You agree that your exclusive and sole remedy is to stop using the website.
14. Waiver. The failure or delay in exercising or enforcing any right or provision under these Terms will not constitute a waiver of such right or provision.
15. Governing Law and Jurisdiction. You agree that all matters relating to these Terms and the Service will be governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada applicable to the Province of Quebec, without regard to conflict of laws provisions. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Quebec for the purposes of litigating any such matters.
16. Entire Agreement and Severability. These Terms, including any other terms and conditions incorporated herein, are the entire agreement between you and Coozook relating to the subject matter. If any provision of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
17. Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coozook without restriction.
18. Survival. Upon termination of these Terms, any provision which by its nature or express terms should survive will survive such termination or expiration.
19. Contact. The Service is offered by Coozook Inc., located at: Coozook Inc., RC-111-3000, Côte-Sainte-Catherine Road, Montréal (Québec) H3T 2A7, info@coozook.com.
Last updated: September 8th, 2016
