THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COCUSOCIAL. PLEASE READ THESE TERMS CAREFULLY.
1. Nature of the Service
General. CocuSocial is an entertainment service which arranges cooking classes (the “Events”) at local restaurants and bars (the “Venues”). Users can purchase tickets (“Tickets”) to Events via the Site.
Availability. The availability of Events at particular Venues will change from time to time and could potentially change on the day of the Event. The availability of a specific chef/instructor at the Event may change at our sole discretion. While we will endeavor to make the chef/instructor you have signed up for available for the Event, the chef/instructor may change at CocuSocial’s sole discretion without notice to you.
Event Cancellation. In certain circumstances we may need to cancel an Event. We will contact you via email if an Event that you are registered for is cancelled. You will have the option of receiving a refund of your ticket price or applying your ticket to another Event that has availability.
Materials Provided. All ingredients, utensils, cooking supplies and other equipment required for the Event (“Equipment”) will be provided by the chef/instructor or the Venue. The quality of the Equipment and chef/instructor may vary from Event to Event, and Venue to Venue, and may be affected by a variety of factors.
Start Time. CocuSocial will make every effort to begin the Event at the designated start time and complete the Event in under two hours. However, the time it takes to begin and complete the Event will vary based on a number of factors, and CocuSocial makes no representation as to the exact amount of instruction time at the Event.
Capacity Limitations. You may not be able to attend the Event due to capacity limitations of the Venue where the Event takes place. We recommend that you arrive at the Venue at least 15 minutes prior to the start of the Event.
Cancellation/Rescheduling Policy. Please check the "Cancellation/Rescheduling policy" section of the specific event you are attending. We abide by our cancellation policy strictly.
Children. The Service is not directed to users under the age of 21. The Service does not knowingly collect personal information from children under the age of 21. If you are under the age of 21, you are not permitted to register as a User or to send personal information to CocuSocial.
The Service may require you to log in and create an account. When you register for an account, you may be required to provide us with some information about yourself, such as your first name, last name, email address or other contact information. We may also request additional information from you. You represent and warrant to us that you will provide us with accurate, current and complete registration information. You are responsible for your registration, and for all use of the Service using any User credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
3. Tickets, Billing and Promotions
By purchasing a Ticket, you are expressly agreeing that CocuSocial is authorized to charge you a fee at the then current rate for such Ticket, and any other charges you may incur in connection with your use of the Service to the payment method you provided during your Ticket purchase. Please note that prices and charges are subject to change with notice. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your payment method. The Ticket fee will be billed on the day you purchase the Ticket and not on the day you utilize the Ticket. You acknowledge that the amount billed for each Ticket you purchase may vary from day to day for reasons that may include differing amounts due to promotional offers. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED TICKETS. Your Ticket never expires. At any time, and for any reason, CocuSocial may provide a refund, discount, or other consideration (“credits”) to some or all of its customers. The amount and form of such credits, and the decision to provide them, are at CocuSocial’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate CocuSocial to provide credits in the future, under any circumstance. You will provide us with accurate and valid credit card or purchasing card information. You hereby authorize CocuSocial to provide your payment details to our third party payment processor for processing payments. If any charge is rejected by our bank or payment provider, you are still liable to pay the fees. We reserve the right to accept, refuse or cancel any Ticket orders placed through the Site, without liability or justification. We will refund you in case your Ticket order was cancelled by us after your credit card or purchasing card has been charged. Promotional codes may be redeemed on the Site. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid payment method will be required when you redeem the promotional code.
4. User Content
Certain features of the Service may permit users to upload content to the Site and Service, including comments, photos, video, images, data, text, screenshots and other types of works (“Your Content”). You retain your rights in Your Content, subject to the rights granted below. You hereby grant and agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable license, with the right to sublicense through multiple tiers, to copy, edit, modify, adapt, publish, transmit, distribute, prepare derivative works, perform, display, use, and otherwise exploit in any manner, Your Content (a) in connection with operation and promotion of the Service, and (b) in connection with any other purposes reasonably related to the Service or our business. To the extent reasonably necessary or appropriate to effect or support the license granted by you above and to the extent you are able to do so, you hereby waive and agree to waive any rights of privacy or publicity, or any moral rights or other similar rights, with respect to Your Content.
You also hereby grant and agree to grant each other User a worldwide, non-exclusive, perpetual, royalty-free license to access and use Your Content which (a) you transmit or otherwise make available to such User via the Service or (b) you post within any public forum or similar area of the Service that is available to Users generally, in each case solely for such User’s personal use, in accordance with the terms and conditions herein.
You agree that we are not responsible for any use or disclosure of Your Content by other Users or any third party who gains access to it through the Service (which may include unintended activities by third parties, such as by hackers).
You represent and warrant that you own all proprietary rights in Your Content or, with respect to any of Your Content you do not own, that you have the full authority and right to create, upload, store and/or transmit Your Content, and to grant the licenses and rights you have granted in these Terms, and that your creation, uploading, storage and/or transmission of Your Content, and the exercise by us and other Users of the licenses and rights granted by you, shall not infringe any third party intellectual property or proprietary rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous, vulgar, profane or obscene, nor violate any law or other right, privilege or interest of any third party.
Start Time. CocuSocial will make every effort to begin the Event at the designated start time and complete the Event in under two hours. However, the time it takes to begin and complete the Event will vary based on a number of factors, and CocuSocial makes no representation as to the exact amount of instruction time at the Event.
On termination of your account, or these Terms, we have no obligation to return any of Your Content to you, so you should retain copies of all of Your Content.
5. Our Ownership Rights.
The Service, including all aspects of the Site (including Our Property, as defined below), is the property of, and owned by, CocuSocial, Inc. and its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in or displayed through the Site or Service are “Our Property.” Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Property is prohibited. You acknowledge that Our Property has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The mark [CocuSocial] and any associated logos, are our registered or unregistered trademarks or service marks. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Our Property solely to the extent necessary for you to use the Service for your own non-commercial purposes, as permitted by these Terms. We reserve all other rights. For clarity and without limiting other obligations herein, Users shall not distribute or otherwise commercialize Our Property.
You acknowledge that any photographs or videos taken at your Event by CocuSocial, any instructor, assistant or any agent or employee of CocuSocial, which photographs depict in any manner the food, the set-up of the Event, the participants, instructors or staff at the Event, you, or the Equipment, materials, supplies or marketing materials related to CocuSocial in any way shall become the property of CocuSocial, may not be reproduced or utilized except as authorized by CocuSocial, and that CocuSocial is free to use all such materials at CocuSocial’s sole and absolute discretion, including photoshopping, editing and/or altering any portions of such photographs or videos.
6. Use of the Service.
Subject to the terms and conditions herein, you are permitted to use the Service solely for your own non-commercial purposes.
You must not (a) collect, upload, or make available Your Content if you do not have the right to do so; (b) collect, upload or make available Your Content or use the Service in any way that would violate any law or the rights of any person; (c) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any of Your Content; (d) except as otherwise expressly permitted by these Terms, harvest or otherwise collect information about others from the Service; (e) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or service connected thereto); (f) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (g) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; (h) otherwise interfere in any manner with the use or operation of the Service; or (i) use the Service in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, or competitive with, the Service.
Your Content must not: (i) be libelous, vulgar, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or encourage a criminal offense; (ii) contain material from other copyrighted works without the written consent of the owner of such copyrighted material; (iii) infringe any copyright or violate any property rights, rights of privacy or publicity, or any other rights of any third party; (iv) contain any software viruses, malware, spyware or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or (v) except as otherwise expressly permitted by us in writing, contain any advertising, promotional, solicitation or other commercial material.
We reserve the right (but are under no obligation) to investigate any claim that Your Content or use of the Service does not conform to the terms and conditions of these Terms, and to remove Your Content from the Service or terminate your account for breach of these Terms.
At the Event. You agree not to interfere with the instructors, Event assistants, other participants, customers or anyone connected to the Service, or to violate any of the procedures, policies or regulations of the Venues at which the Event is held. You also agree not to impersonate any other person while using the Service, conduct yourself in a vulgar or offensive manner while using the Service or use the Service for any unlawful purpose.
7. Social Media.
You can connect CocuSocial to your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features CocuSocial may already have or will be creating, as part of the Service, as well as features available on such Social Media Accounts. These features will be designed to share information with others. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on CocuSocial) that you are a CocuSocial customer as well as what you have cooked, eaten or had to drink, with whom you attended an event, and other information about your use of the Service. You will also be able to see similar information about your Facebook friends who are connected with CocuSocial. In addition, CocuSocial may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in your Social Media Accounts which will impact this feature and may give you some control over the information that is shared and with whom it is shared.
BY CONNECTING YOUR COCUSOCIAL ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR COCUSOCIAL ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT COCUSOCIAL AT [Hello@cocusocial.com] TO HAVE YOUR INFORMATION REMOVED. CocuSocial and social media sites are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms.
8. Customer Reviews and Feedback.
We encourage you to post reviews of Events through the Service. We reserve the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on CocuSocial or its personnel, misleading information regarding the origin of the content; or a discussion of our policies or services. You understand and agree that CocuSocial may, but is not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.
WHEN YOU SUBMIT A REVIEW, COCUSOCIAL WILL DISPLAY YOUR RATING OF THE EVENT. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF THE SERVICE , AND VISITORS TO THE SITE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT SUBMIT A REVIEW OF AN EVENT.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions related to the Service (collectively "Feedback"), the Feedback will be the sole property of CocuSocial. We will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
9. Warranty Exclusions and Limitations of Liability.
THE SERVICE, SITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COCUSOCIAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, SITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. COCUSOCIAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, SITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT COCUSOCIAL MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT WITHOUT COMPENSATION OR NOTICE TO YOU. COCUSOCIAL SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THIRD PARTY SERVICES AND THE EQUIPMENT. Without limiting the foregoing, CocuSocial assumes no liability or responsibility for any of the following (except in the case of gross negligence or willful misconduct on the part of CocuSocial): (i) errors or omissions in the content delivered by the Service or on the Site or user interfaces; (ii) recommendations or advice of CocuSocial’s customer service; (iii) any failure or interruption in the availability of the Service and/or Site or user interfaces; (iv) delivery and or display of any content contained on the Site, or otherwise through the Service; and (v) any losses or damages arising as a result of or related to your Event, the provision of Third Party Services at your Event, or otherwise through the Service itself, including any losses or damages arising from the Service, Site, Equipment, your Event, or Third Party Services. COCUSOCIAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR FOOD. In addition, CocuSocial does not represent or warrant that the information accessible via the Site is accurate, complete or current. CocuSocial does not make any representations with respect to the content contained on events from the Service or the descriptions of any event content contained on Site and user interfaces. No oral or written information or advice given by CocuSocial or CocuSocial’s authorized representative shall create a warranty or otherwise constitute a representation binding upon CocuSocial.
IN NO EVENT SHALL COCUSOCIAL, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, EVENT VENUES, SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, THE SITE, THIRD PARTY SERVICES, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL COCUSOCIAL’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE SERVICE, SITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Release of Liability for Use of Equipment.
You understand that use of the Equipment involves tools and equipment that can be dangerous, including without limitation, knives, stoves and burners. You agree that you fully understand the risks associated with the use of the Equipment. You understand that by using the Service and engaging in the use of the Equipment, you assume all risks of injury or harm associated with the use of the Equipment. You hereby release and forever discharge CocuSocial and its officers, directors, agents, employees and underwriters (the “Released Parties”) from all liability (including for any injury, illness, death or property damage) arising in connection with the use of the Equipment, including without limitation your use of certain tools, equipment and instructional services provided by the Released Parties, except in each case to the extent directly resulting from such Released Parties' illegal actions, gross negligence or willful misconduct. You hereby release the Released Parties from all liability arising as a result of any first aid, treatment, or services or assistance provided to you in connection with any injury that arises from the use of the Equipment, and give permission for emergency medical treatment to be administered as deemed appropriate by the Released Parties, emergency responders and/or health care providers in connection with any such injury.
11. Cloud Services and Third Party Services and Resources
Without limitation of the disclaimers and limitations of liability set forth in Section 9, you acknowledge and agree as follows: (a) we provide the Service using cloud computing services of one or more third party cloud providers (collectively, the “Cloud Providers”); (b) the price at which we could afford to offer the Service would vary if we provided the Service other than using such cloud services; and (c) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.
In addition, at the Event, you may encounter Third Party Services, including, but not limited to food and beverage service from the Venue where your Event will take place. These Third Party Services are provided solely as a convenience to you, and CocuSocial is not responsible for and does not endorse the Third Party Services provided by the Venue where your Event will take place. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges.
SUCH THIRD PARTY SERVICES ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY COCUSOCIAL. Some of these Third Party Services may use CocuSocial’s trademarks in connection with your Event. CocuSocial is not responsible for and does not endorse the content of such Third Party Services. You will need to make your own independent judgment regarding your interaction with these Third Party Services. By using such Third Party Services, you acknowledge and agree to the following: (i) your use of any Third Party Services may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if CocuSocial has not provided such information, and (ii) your use of any Third Party Services IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold CocuSocial harmless, as set forth in Section 10 hereof, for the sharing of information or the receipt of Third Party Services relating to your Event that results from your use of any Third Party Services. You further agree to indemnify and hold CocuSocial harmless, as set forth in Section 10 hereof, from all claims that in any way involve or relate to the provision of Third Party Services. If you have any questions, concerns, complaints, or claims about a particular Third Party Service, you should contact the support or contact personnel of the particular Third Party Service provider and not CocuSocial, unless otherwise indicated by CocuSocial. COCUSOCIAL DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF THIRD PARTY SERVICES. You agree to defend and indemnify CocuSocial, as set forth in Section 10 hereof, for any and all claims made as the result of the provision of Third Party Services at your Event.
You will indemnify us, and our licensors, providers and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to your breach of these Terms or your use of the Service (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
Without limitation of the foregoing, if we receive a subpoena or similar requirement to disclose Your Content issued by any court or governmental authority, and we are not a party to the proceeding in question, you will reimburse us for our reasonable costs and expenses of complying with such subpoena, including time spent by our personnel and our attorneys at time and materials rates.
14. Digital Millennium Copyright Act.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material hosted by the Service you may contact our Designated Agent at the following address:
1206 Mountain View-Alviso Rd, STE A
Sunnyvale, CA 94089
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If material that you have posted to the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which CocuSocial may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
It is our policy to terminate in appropriate circumstances the accounts of Users that are repeat infringers or repeatedly violate these Terms of Service.
15. Suspension and Termination.
You may terminate these Terms at any time by ceasing to use the Service. We reserve the right to suspend your account and/or access to the Service at any time if we believe you are in breach of these Terms. We reserve the right to terminate these Terms or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our Site), for any reason or no reason.
If your account is terminated for any reason or no reason, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the Service, (c) that the license and rights provided by us under these Terms shall end, (d) that we reserve the right (but have no obligation) to delete all of Your Content, and (e) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to your account.
Sections 6, 8-11, and 14-21, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of these Terms.
16. Modification of Service and Agreement.
CocuSocial reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how CocuSocial operates the Service. Any description of how the Service works should not be considered a representation or obligation with respect to how the Service will always work. We may also from time to time amend these Terms prospectively. If we do so, we will notify you by email (for registered Users) and posting on our Site. You agree that your continued use of the Service constitutes your agreement to the amended Terms. If you do not agree to any amended Terms that we publish, you must terminate your account and cease using the Service.
17. Applicable Law.
You and we each agree that all disputes or other matters arising from or relating to the Service, the Site, the Event, any Tickets you purchase or these Terms, will be governed by the substantive laws of the State of New York, without regard to its conflicts of laws principles. Any action or proceeding by you relating to any claim arising from or relating to the Service, the Site, the Event, any Tickets you purchase or these Terms must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
You hereby consent to the exclusive jurisdiction and venue in any federal or state court located within the State of New York, with respect to any suit, claim or cause of action arising from or relating to the Service, the Site, the Event, any Tickets you purchase or these Terms, and you shall not bring any such suit, claim or cause of action except in a court located within the State of New York. Notwithstanding the prior sentence, at CocuSocial’s option, in its sole discretion, any dispute arising from or relating to the Service, the Site, the Event, any Tickets you purchase or these Terms shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. Such arbitration shall be conducted in English and located in New York, New York.
19. Force Majeure.
In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service or using or disclosing any of Your Content.
20. Compliance with Laws.
You will comply with all laws and regulations applicable to your activities under or in connection with these Terms.
21. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms sets forth the entire agreement between us and you regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, these Terms and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. These Terms may be executed electronically, and your electronic assent or use of the Service (including purchase of a Ticket) shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms. You agree that email to your email address on record will constitute formal notice under these Terms. There shall be no third party beneficiaries to these Terms.