COGENERATE TERMS & CONDITIONS OF USE
The Cogenerate website is an initiative of Civic Ventures, d.b.a CoGenerate hosted in the U.S.
THESE TERMS ARE A LEGAL AGREEMENT BETWEEN US
These Terms set forth the legally binding terms for your use of the CoGenerate Services. By using the CoGenerate Services, you agree to be bound by this Agreement. The term “User” refers to a visitor to the CoGenerate website or a subscriber to our email. You are only authorized to use the CoGenerate Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
YOU MUST AGREE TO THE TERMS TO USE THE SERVICE
Please read Terms carefully. If you do not agree, you should stop using the CoGenerate Services immediately. You agree to and accept the Terms when you use the CoGenerate Services.
We may modify the Terms at any time and any modifications shall be effective upon posting. You agree and accept any modifications when you use the Services after posting of such modifications. You should review the Terms from time to time.
The Terms shall remain in full force and effect while you use the CoGenerate Services.
The CoGenerate Services are for personal use and may not be used for any commercial purpose by you.
YOU MAY NOT SPAM OR OTHERWISE USE CoGenerate SERVICES FOR ANY ILLEGAL PURPOSES
Illegal and/or unauthorized use of the CoGenerate Services, including collecting names, user names, email addresses and/or phone numbers of users by electronic or other means for the purpose of sending unsolicited email or any other communications is prohibited.
NO FRAMING OR DEEP-LINKING
Unauthorized framing of or linking to the CoGenerate website is prohibited.
CoGenerate reserves its rights to pursue appropriate legal action for any illegal or unauthorized use of the CoGenerate Services.
OUR LICENSE TO YOU
- CoGenerate Content. The CoGenerate Services contain Content of CoGenerate (“CoGenerate Content”) or its licensors. CoGenerate Content is protected by copyright, trademark, patent, trade secret and other laws, and CoGenerate or its licensors owns and retains all rights in the CoGenerate Content and the CoGenerate Services.
- License to You. CoGenerate hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the CoGenerate Content (excluding any software code) solely for your personal use in connection with viewing the CoGenerate web sites and using the CoGenerate Services.
- The CoGenerate Services Contain Content of Users and Other CoGenerate Licensors. Except for your Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the CoGenerate Services except that you may view such content in connection with accessing the CoGenerate Services to the extent authorized by us or other users.
- Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the CoGenerate web site and through your use of the CoGenerate Services. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services through the CoGenerate Services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the CoGenerate Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- covering or obscuring the banner advertisements on any CoGenerate page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the CoGenerate Services or the networks or services connected to the CoGenerate Services;
- attempting to impersonate another user or person;
- using any information obtained from the CoGenerate Services in order to harass, abuse, or harm another person;
- using the CoGenerate Services in a manner inconsistent with any and all applicable laws and regulations.
By participating in our communities, you agree to conduct yourself with integrity and decency and to be respectful of others. Comments containing the following content will be deleted and repeat offenders will be blocked from participating in our online communities:
- Language that is profane, demeaning or abusive.
- Racism, sexism, homophobia, ageism, bigotry, or other offensive behavior.
- Promoting your own brand, products, services, etc.
- Spreading misinformation, or impersonating other authors or commentators.
- Promoting hatred or violence toward others.
COPYRIGHT POLICY-RESPECT OTHERS’ RIGHTS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CoGenerate to terminate privileges of any users who repeatedly infringes the copyright rights of others upon receipt of proper notification to CoGenerate by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the CoGenerate Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the CoGenerate Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send notice of claims of copyright infringement to CoGenerate at [email protected] or P.O. Box 29542, The Presidio of San Francisco, San Francisco, CA 94129.
You are solely responsible for your interactions with other CoGenerate users. CoGenerate reserves the right, but has no obligation, to monitor disputes between you and other users.
- Accuracy of Content. CoGenerate is not responsible for any incorrect or inaccurate Content posted on the CoGenerate web sites or in connection with the CoGenerate Services, whether caused by Users of the CoGenerate Services or by any of the equipment or programming associated with or utilized in the CoGenerate Services.
- Content created and posted by users on the CoGenerate web site may contain links to other websites. CoGenerate is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CoGenerate. Inclusion of any linked website on the CoGenerate Services does not imply approval or endorsement of the linked website by CoGenerate. When you access these third-party sites, you do so at your own risk.
- CoGenerate takes no responsibility for third party advertisements which are posted on the CoGenerate web site or through the CoGenerate Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- CoGenerate is not responsible for the conduct, whether online or offline, of any User of the CoGenerate Services.
- CoGenerate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
- Technical Issues and Injuries. CoGenerate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CoGenerate Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the CoGenerate Services. Under no circumstances shall CoGenerate be responsible for any loss or damage, including personal injury or death, resulting from use of the CoGenerate Services, attendance at a CoGenerate event, from any Content posted on or through the CoGenerate Services, or from the conduct of any Users of the CoGenerate Services, whether online or offline.
- Services Provided As-Is. The CoGenerate Services are provided “AS-IS” and as available and CoGenerate expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- No Fitness for Particular Purposes. CoGenerate cannot guarantee and does not promise any specific results from use of the CoGenerate Services.
LIMITATION ON LIABILITY
IN NO EVENT SHALL COGENERATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COGENERATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COGENERATE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COGENERATE FOR THE COGENERATE SERVICES DURING THE TERM OF USE. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
DISPUTES, GOVERNING LAW AND FORUM SELECTION
If there is any dispute about or involving the CoGenerate Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either CoGenerate or you may demand that any dispute between CoGenerate and you about or involving the CoGenerate Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent CoGenerate from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold CoGenerate, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to your use of the CoGenerate Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You may not export or re-export any software accompanying the CoGenerate Services without (a) the prior written consent of CoGenerate; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
This Agreement is accepted upon your use of the CoGenerate web site or any of the CoGenerate Services. This Agreement constitutes the entire agreement between you and CoGenerate regarding the use of the CoGenerate Services. The failure of CoGenerate to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You consent to receiving electronic communications from CoGenerate. These communications may include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CoGenerate is an alias of Civic Ventures, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.