Passwords and Security. When you register, you will be asked to provide a user name and password through which you will be able to access the CozmoTV Service. You are responsible for maintaining the confidentiality of your password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify CMI of any unauthorized use of your password or any other breach of security related to the Site. CMI reserves the right to require you to change your password if CMI believes that your password is no longer secure. CMI will not be liable for any loss or damage arising from your failure to adequately safeguard your password.
If you provide CMI with your username or password for any third-party service to which you subscribe, you hereby authorize CMI to act as your agent to use such information for your own personal, non-commercial use of such third-party service.
3. SUBMISSIONS The CozmoTV Service may enable you to submit your videos or other personal media content to CMI for hosting, display, and distribution to other users of the CozmoTV Service (collectively, “Submissions”). You grant to CMI and CMI’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. CMI reserves the right to display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes. CMI is not required to host, display, or distribute any Submissions, and may remove at any time or refuse any Submissions. CMI is not responsible for any loss, theft or damage of any kind to any Submissions. You represent and warrant that: (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to CMI the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Submissions to grant the rights to CMI described herein; (d) you will make such permissions available to CMI upon request; and (e) your Submissions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available upon the request of CMI.
4. COPYRIGHT INFRINGEMENT CMI respects the intellectual property rights of others. Accordingly, CMI has a policy of disabling access to any Submissions or any other user-generated content that violates copyright law, suspending access to the CozmoTV Service to any user who uses the CozmoTV Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the CozmoTV Service in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, CMI has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the CozmoTV Service, please provide written notice to CMI’s designated agent for notice of claims of copyright infringement at:
President and CEO
Cozmo Media, Inc.
2021 26th Street, Suite 301
San Francisco, CA 94107
Tel: (415) 867-8687
Fax: (415) 550-0626
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow CMI to locate that material; (d) contain adequate information by which CMI can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to CMI’s designated agent.
5. TRADEMARKS “Cozmo,” “Cozmo Media,” “CozmoTV,” “Democracy in Media,” as well as certain other of the words and logos displayed in the CozmoTV Service, constitute trademarks, trade names, or service marks (“Marks”) of CMI or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with CMI or those other entities.
6. SITE CONTENT The content on the Site, including without limitation all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Site Content”), is owned by CMI or its licensors. The Site Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of CMI and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content. The foregoing obligations and restrictions shall not apply with respect to your use of your own Submissions.
7. TERMINATION You agree that CMI may terminate your CozmoTV Service membership or suspend your access to all or part of the CozmoTV Service, without notice, if: (a) you violate these Terms; (b) CMI is unable to verify or authenticate any information that you provide; or (c) you engage in any conduct that CMI, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of CMI, any other CozmoTV Service user, or any third party. Further, you agree that CMI shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the CozmoTV Service (or any portion thereof). You may discontinue your participation in and access to the CozmoTV Service at any time. CMI reserves the right to investigate your use of the CozmoTV Service in the event CMI, in its sole and absolute discretion, believes you have violated these Terms.
8. MODIFICATIONS TO TERMS CMI may, in its sole and absolute discretion, change these Terms from time to time. CMI will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the CozmoTV Service. Continued use of the CozmoTV Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9. MODIFICATIONS TO COZMOTV SERVICE CMI reserves the right to modify or discontinue the CozmoTV Service with or without notice to you. CMI shall not be liable to you or any third party should CMI exercise its right to modify or discontinue the CozmoTV Service.
10. FEES CMI reserves the right at any time to charge fees for access to new CozmoTV Service content or services or to portions of the existing CozmoTV Service content or services or to the CozmoTV Service as a whole. In no event will you be charged for access to any CozmoTV Service content or service, or to the CozmoTV Service as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
11. LINKS CMI’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify CMI’s endorsement of such other Web site or resource or its contents. CMI shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
12. NO RESALE OF COZMOTV SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the CozmoTV Service, use of the CozmoTV Service, or access to the CozmoTV Service. The CozmoTV Service is provided for your personal, noncommercial use only.
13. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COZMOTV SERVICE IS AT YOUR SOLE RISK. THE COZMOTV SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COZMOTV SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CMI MAKES NO WARRANTY THAT THE COZMOTV SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE COZMOTV SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CMI MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COZMOTV SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE COZMOTV SERVICE, OR THAT DEFECTS IN THE COZMOTV SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COZMOTV SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMI OR THROUGH THE COZMOTV SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITATION OF LIABILITY YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CMI OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE COZMOTV SERVICE.
15. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that CMI may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CMI’ liability shall be the minimum permitted under such applicable law.
16. INDEMNIFICATION You agree to indemnify, defend, and hold harmless CMI, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from: (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the CozmoTV Service; (b) your (or anyone using your account’s) use of the CozmoTV Service; (c) your (or anyone using your account’s) violation of these Terms; and (4) your (or anyone using your account’s) violation of any rights of any other person or entity.
17. MISCELLANEOUS These Terms constitute the entire and exclusive and final statement of the agreement between you and CMI with respect to the subject matter hereof, and govern your use of the CozmoTV Service, superseding any prior agreements or negotiations between you and CMI with respect to the subject matter hereof. These Terms and the relationship between you and CMI shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the CozmoTV Service shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of CMI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of CMI and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CozmoTV Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 3, 5 through 7, and 11 through 17 of these Terms, as well as any disclaimers and limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the CozmoTV Service.
18. CONTACT INFORMATION To obtain information about CMI, please e-mail us at firstname.lastname@example.org. You may also contact us at the following physical address: Cozmo Media, Inc. 2021 26th Street, Suite 301, San Francisco, CA 94107.