Terms of service

Cozimo Terms of Service

Last revised December 3, 2008.

Welcome to Cozimo, which is owned and operated by Cozimo Technologies, Inc. ("Cozimo") of Berkeley, California. By using the Cozimo.com web site and the features and services available through Cozimo.com ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"), so please read them carefully. If you have any questions, please contact us at support@cozimo.com.

Account Terms

You must be a person 18 years or older to use this Service.
You must provide your legal full name, a valid email address, and any other information requested in order to register an account. Use of our free image collaboration service available at http://collaboratenow.cozimo.com (“Collaborate Now”) does not require the registration of an account.
An account may only be administered by one person though the content posted therein may be accessed by many. Each individual who will be using the Service shall have their own password protected account.
You are responsible for maintaining the security of your account and password. Cozimo will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content (whether images, video, links, documents, files, feedback, text or otherwise) (collectively, "Content") posted and activity that occurs under your account, whether on Cozimo.com or through your use of Collaborate Now even when Content is posted by others to whom you have provided access.
You are responsible to ensure that linking or embedding any component of the Service into 3rd party services or websites is in compliance with all rules and regulations of those websites and services.
Free accounts that have not been used (logged into) for a period of one year may be removed along with any Content posted therein, without prior notice. Content posted using Collaborate Now will be removed after a period of 3 months.
One person or legal entity may not maintain more than one free account.

Payment Terms

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
The paid Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes arising from Cozimo's net income.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rated fee for the current billing cycle will be immediately charged.
Downgrading your Service may cause the loss of some functionality if your storage usage exceeds the capacity of the new plan level. Functionality will be restored when you delete the excessive Content from you account. Cozimo does not accept any liability for such loss.

Modifications to the Service and Prices

Cozimo reserves the right to modify the Service with or without notice.
Cozimo reserves the right to temporarily suspend or interrupt service for periodic maintenance with or without notice.
Cozimo reserves the right to permanently discontinue service with 15 days notice for any reason or for no reason.
Prices of all Services are subject to change upon 15 days notice.
Notices may be provided by email or by posting the changes to the Cozimo Site (www.cozimo.com).
Cozimo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

Cozimo claims no copyright or other ownership rights in the Content you upload to the Service.
By uploading or otherwise providing Content to Cozimo.com, You grant to Cozimo a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content on Cozimo.com in connection Cozimo's provision of the Services to such persons as you may authorize.
You hereby represent and warrant that you have all intellectual property and other rights necessary concerning any Content posted by You on Cozimo.com.
Cozimo does not pre-screen Content, but Cozimo has the right (but not the obligation) to remove any Content or accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or Content that violates the intellectual property of any third party or these Terms of Service.
You understand and agree that Cozimo cannot be responsible for the Content posted on the Service and you may be exposed to objectionable materials. You agree to use the Service at your own risk.
The user interface of the Service, and all rights therein, are owned exclusively by Cozimo and Cozimo retains all copyright and other rights therein. All rights to the Services and intellectual property embodied by the Services are hereby expressly reserved. You may not duplicate, copy, or reuse any portion of the visual design or other elements of the Service without express written permission from Cozimo.
By submitting comments, feedback, bug reports, product suggestions to Cozimo you acknowledge and agree that Cozimo is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws or other intellectual property laws).
Cozimo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service (i) immediately if you are in breach of this agreement or (ii) with 15 days email notice. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Furthermore, Cozimo reserves the right to refuse the free service to anyone for any reason at any time.
You understand that Cozimo uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or with Cozimo.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cozimo.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.
You must not use the Service to violate any applicable local, state, national or international law or regulation.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Cozimo) of other Cozimo customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Cozimo does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COZIMO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COZIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
You indemnify, defend and hold harmless Cozimo from any and all liability (including, without limitation, reasonable attorneys' fees and costs) resulting from any claim brought or made against Cozimo based on any (i) unauthorized use of the Service by or on your behalf, (ii) infringement or violation of any third party intellectual property rights in connection with any Content (including, without limitation, graphics, photographic images, data, text, video and audio) posted or otherwise made available or accessible by or on your behalf through the use of the Service, (iii) any breach by You of these Terms and Conditions, or (iv) libel, slander, other forms of defamation, plagiarism, piracy or unfair competition in connection with any Content.
The failure of Cozimo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cozimo and governs your use of the Service, superseding any prior agreements between you and Cozimo (including, but not limited to, any prior versions of the Terms of Service).
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions thereof. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. In any action to enforce this Agreement, the prevailing party will be entitled to recover reasonable costs and attorneys' fees.
Cozimo reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.cozimo.com/terms_of_use

Notice and Take-Down Procedures

If You believe any Content accessible on or from this web site infringe Your copyright, You may request removal of those materials (or access thereto) from this web site by contacting Cozimo's copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that You believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that You have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Cozimo's agent for copyright issues relating to this web site is as follows:

Stuart Feldman
Cozimo Technologies Inc
3200, Autoroute Laval
Laval, QC, H7T 2H6
Canada
+1-888-576-3139