(the "Site") operated by Cozy Down
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT
CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT
MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right to change or modify any of the terms and conditions contained
in these Site Terms or any policy of the Site, at any time and in our sole discretion.
If we decide to change our Site Terms or a policy, we will post a new version on
our site and update the date. Any changes or modification will be effective upon
posting of the revisions. Your continued use of this Site following the posting
of the changes or modifications will constitute your acceptance of such changes
or modifications. You should frequently review these Site Terms (including its date)
and applicable policies from time-to-time to understand the terms and conditions
that apply to your use of the Site.
Other Policies
To understand how we use information that we collect from the Site, you should
refer to our Privacy Policy. Sales of products from the Site are governed by other
terms on our Site which describe, among other things, shipping information and our
return policy.
Copyright and License
All copyrighted and copyrightable materials on this Site, including, without limitation,
the design, text, graphics, pictures, sound files and other files, and the selection
and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright 2008
Cozy Down and/or its licensors. You are granted a limited, non-sublicensable
right to access this Site and print the Materials for your personal, non-commercial,
and informational use only. The foregoing license grant does NOT include the right
for you to:
(a) publish, publicly perform or display, or distribute to any third party any
Materials, including reproduction on any computer network or broadcast or publications
media; (b) market, sell or make commercial use of the Site or any Materials; (c)
systematic collection and use of any data or content including the use of any data
spiders, robots, or similar data gathering, mining or extraction methods; (d) make
derivative uses of the Site or the Materials; or (e) use, frame or utilize framing
techniques to enclose any portion of this Site (including the images found at this
Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other
right or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of Cozy Down or any third
party. Any unauthorized use of this Site will terminate the permission or license
granted by these Site Terms and may violate applicable law including copyright laws,
trademark laws (including trade dress), and communications regulations and statutes.
Submissions
Areas of the Site may permit you to provide feedback or send materials to us,
including for use on the Site. You agree that any such materials, including but
not limited to, reviews of products or services, comments, suggestions, questions,
ideas, plans, notes, drawings, original or creative materials or other information,
provided by you in the form of e-mail or submissions to us, or postings to or on
the Site ("Your Materials"), are non-confidential (provided that personal information
provided on non-public areas of the Site is subject to our Privacy Policy) and you
grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display Your Materials throughout the world in any media now
known or hereafter developed, with or without acknowledgment to you, in our sole
discretion and without compensation to you. You agree that you shall have no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary
right in Your Materials and that the submission of any such materials to us, irrevocably
waives any and all "moral rights" in Your Materials, including the rights of paternity
and integrity. You represent and warrant that you have the legal right to submit
or post Your Materials on the Site, that Your Materials are accurate, that use of
Your Materials does not violate these Site Terms and will not cause injury to any
person or entity, and that you will indemnify us against any liability or losses
arising out of our use of Your Materials in accordance with these Site Terms.
Your Account.
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the checkout form
for your account information (the "Account Information") and (b) maintain and promptly
update the Account Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we may suspend or terminate your account and refuse any
and all current and future use of the Site. You will receive a password and account
designation when you have completed the Account Information. You are responsible
for maintaining the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any other breach
of security. For more information about how we treat your Account Information, you
should refer to our Privacy Policy.
Links.
We make no claim or representation regarding, and accept no responsibility for,
the quality, content, nature or reliability of sites accessible by hyperlink from
this Site. The linked sites are not under our control and we are not responsible
for their content. We are providing these links to you only as a convenience, and
the inclusion of any link does not imply affiliation, endorsement, or adoption by
us of the site or any information contained therein. When leaving this Site, you
should be aware that our terms and policies no longer govern, and, therefore, you
should review the applicable terms and policies, including privacy and data gathering
practices, of that site.
No Warranties.
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT
USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED
FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS
IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE
IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUS FROM ANY DOWNLOAD.
Limited Liability.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS SITE OR THE MATERIALS THEREIN.
Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed
in accordance with the laws of the State of California without resort to its conflict
of law provisions. You agree that any action at law or in equity arising out of
or relating to these terms and conditions shall be filed only in state or federal
court located in Los Angeles County, California, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these terms and conditions.
General Terms.
We reserve the right, without notice and in our sole discretion, to terminate
your license to use the Site, and to block or prevent future access to and use of
the Site. If any provision of this Agreement shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions.