Last updated on March 25, 2011
1. ACCEPTANCE OF TERMS
YOU ACKNOWLEDGE AND UNDERSTAND THAT COYD IS PRIVATE COMPANY AND IS NOT AN ENTITY THAT IS ADMINISTERED BY ANY SCHOOL OR UNIVERSITY OR ANY OTHER GOVERNMENT ORGANIZATION.
4. DESCRIPTION OF SERVICE
The Services may include advertisements, which may be targeted to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by COYD on the Services are subject to change. In consideration for COYD granting you access to and use of the Services, you agree that COYD and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
5. YOUR REGISTRATION OBLIGATIONS
To use some of the Services, you may be required to create an account and provide information to COYD. In consideration of your use of the Services, you represent that you have the legal authority to form a binding contract and are not a person or company barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form as set forth below and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COYD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COYD has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). As a condition to using portions of the Services, you are required to register with COYD and provide a valid email address, select a password and personalized site name (“Registration Data”). All information you provide to COYD shall be accurate, complete, and updated. You may not (i) select or use as a personalized site name a name of another person with the intent to impersonate that person; (ii) use as a personalized site name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a personalized site name a name that is otherwise offensive, vulgar or obscene. COYD reserves the right to refuse registration of, or cancel a personalized site name in its sole discretion. You will receive a password and account designation upon completing the Services’ registration process. 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 (a) immediately notify COYD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. COYD cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or company from whom such Content originated. This means that you, and not COYD, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. COYD does not control Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will COYD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
Accordingly, without limitation, you agree not to use the Services:
a. to abuse, harass, threaten, impersonate or intimidate any person;
b. to access, post, email, download, reproduce, display, perform, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that is unlawful, harmful, threatening, vulgar, invasive of another’s privacy, libelous, defamatory, obscene, pornographic, promotes illegal activities, violent, racist, sexist, homophobic, discriminatory, abusive, or offensive;
c. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
d. to create or submit unwanted email (“Spam”) to any other user or any URL;
e. to “stalk” another user;
f. after COYD has refused registration of, or canceled your account, whether by attempting to register using a different email address, personalized site name or otherwise, to circumvent the account registration process;
g. for the benefit of any third party (which shall include, without limitation, allowing more than one person to use a Services account) when not expressly authorized by COYD;
h. to harm minors in any way;
i. to impersonate any other person or entity;
j. to upload, email, transmit or otherwise make available Content in violation of any contractual or other legal obligation, to which you are bound;
k. to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l. to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
m. to intentionally or unintentionally violate any applicable local, state, national or international law;
n. to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
o. to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your COYD ID), use of the Services, or access to the Services;
p. to promote or endorse any political issues or candidates;
q. to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through p above;
r. to link to any website with Content that is offensive, indecent or objectionable; and/or
s. to make offers or solicitations that are not valid, not honored, misrepresentative, illegal or inappropriate.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in COYD’s sole discretion an unreasonable or disproportionately large load on COYD’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures COYD may use to prevent or restrict access to the Services.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Under no circumstances will COYD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
7. PROPRIETARY RIGHTS
COYD respects the intellectual property of others and asks users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify us per above.
Moreover, COYD may take any action it deems appropriate (in its sole and absolute discretion), including, without limitation, removing, terminating or suspending any Content provided by you or any third party, if COYD believes for any reason that you or any third party possesses insufficient rights in Content to permit full use or access through the Sites.
COYD’s Rights: As between COYD and you, COYD and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by COYD and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of COYD’s proprietary information. COYD trademarks and service marks and other COYD logos and product and service names are trademarks of COYD, Inc. (the “COYD Marks”). Without COYD’s prior permission, you agree not to display or use in any manner the COYD Marks. Moreover any attempt to use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Sites or pages, data or content found on the Sites for the purpose of scraping the Services or Content without the prior consent of COYD is expressly prohibited.
Your Rights: It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in Content.
You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content (text, video or content in any form) on or through the Services, you grant COYD a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce , reprint, process, modify, such Content on the Services for the purpose of displaying, distributing and promoting the Services or any other format or channel. You represent that you have all necessary licenses, rights, consents and permission to provide the User Submission and to grant the foregoing licenses.
Such additional uses by COYD, or other companies, organizations or individuals who partner with COYD, may be made with no compensation paid to you with respect to Content that you submit, post, transmit or otherwise make available through the Services.
You can opt-out of most communications from COYD including emails, newsletters, other informational mailings, etc.
10. WARRANTY DISCLAIMERS
Third Party Content. Much of the Content displayed in connection with the Services is developed by people over whom COYD exercises no control. Accordingly, the Services may include (or direct you to sites containing) Content that some people find objectionable, inappropriate, or offensive. COYD cannot guarantee that your use of the Services will not expose you to unintended or objectionable Content and COYD assumes no responsibility for what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You hereby release COYD from all liability for you having acquired or not acquired Content through the Services. COYD makes no representations concerning any content contained in or accessed through the Services, and COYD has not independently verified any of the information provided from third parties. Furthermore COYD will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
COYD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, QUALITY, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.
The Services may provide, or third parties may provide, links to other websites or other resources. Because COYD has no control over such sites and resources, you acknowledge and agree that COYD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that COYD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree not to provide links from your Content that is not related to your Content or is inappropriate.
12. INTERSTATE NATURE OF COMMUNICATIONS ON COYD NETWORK
13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. CONTRIBUTIONS TO COYD
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to COYD through its suggestion or feedback web pages, if any, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) COYD is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) COYD shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) COYD may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of COYD without any obligation of COYD to you; and (f) you are not entitled to any compensation or reimbursement of any kind from COYD under any circumstances.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COYD AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 COYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
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 ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT COYD HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR POSTED BY OR THROUGH THE SITES OR SERVICES.
16. MODIFICATIONS TO SERVICES
COYD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that COYD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
COYD will endeavor to notify you when your right to access the Services is about to expire. Upon the expiration of your Services, COYD maintains the right to delete Content for all users created within your Services account.
You may cancel your access to the Services at anytime, and cancellation will be effective immediately. To cancel, login to your account and go to the account section and select the Close Account option.
COYD also reserves the right to terminate your account for any or no reason upon one day notice to you.
Upon termination of your account, your right to use the Services will immediately cease. COYD’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
18. Governing Law and Jurisdiction
2. Conflicts, Use of Terms.
(a) Governing Law. The “Governing Law and Jurisdiction” section is hereby deleted in its entirety and replaced with the following:
“Disclaimer. You agree that your account on the COYD Service will serve as an additional distribution channel for government information, but in no event will serve or be represented as the official site or homepage for Government Entity.”