Your Relationship with COODY
1.1. Your use of COODY Inc.’s ("we", "us", "our" or "COODY") services(”Service”, “Services”) is subject to the terms of a legal agreement between you and COODY.
1.2. Your legal agreement with COODY is made up of (A) the terms and conditions set out in this document, (B) COODY's Privacy Policy (collectively called the "Terms").
1.3. The Terms form a legally binding agreement between you and COODY in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4. The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service.
Accepting the Terms
2.1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2. You can accept the Terms by simply using the Service. You understand and agree that COODY will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with COODY, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4. You should print off or save a local copy of the Terms for your records.
Basic Terms
3.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. You agree that by using the Services or posting any Content, you have reviewed and will adhere to our Community Guidelines.
3.2. You may use the Services only if you can form a binding contract with COODY and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
3.3. The Services that COODY provides are always evolving and the form and nature of the Services that COODY provides may change from time to time without prior notice to you. In addition, COODY may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform COODY when you stop using the Service.
3.4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by COODY on the Services are subject to change. In consideration for COODY granting you access to and use of the Services, you agree that COODY 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.
3.5. You agree that you are solely responsible for (and that COODY has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which COODY may suffer) of any such breach.
COODY Account
4.1. In order to access some features of the Service, you will have to create a COODY account. When creating your account, you must provide accurate and complete information. It is important that you must keep your COODY account password secure and confidential.
4.2. If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to COODY or your COODY Premium subscription, about any of our products or services, or for such other purposes as we deem appropriate.
4.3. You must notify COODY immediately of any breach of security or unauthorised use of your COODY account that you become aware of.
4.4. You agree that you will be solely responsible (to COODY, and to others) for all activity that occurs under your COODY account.
Your Content
5.1. Ownership: You retain all rights and ownership in your content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will COODY 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.
5.2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, copy, perform, display, create derivative works of, adapt and distribute your Content in any and all media throughout the world. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.
5.3. Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. COODY cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
5.4. Restrictions on Content and Use of the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Your right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
5.5. Although we may monitor the Content and make efforts to eliminate harmful or unlawful Content, we are not responsible for any intellectual property rights violations, misuse of confidential information, or other such unlawful activity involving the Content.
Your License To Use the Services.
COODY gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by COODY as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by COODY, in the manner permitted by these Terms. This license is revocable and COODY reserves the right to limit or terminate your authorization to use the Services at any time.
6.1. Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to COODY for all activities that occur via your account.
COODY Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of COODY and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the COODY name or any of the COODY trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding COODY, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Copyright Policy.
COODY respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to COODY. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide COODY with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit COODY to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, COODY will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
COODY, Inc.
Email: [email protected]
Our Disclaimer of Warranties.
9.1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
9.2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
9.3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND COODY MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
Our Limitation of Liability.
10.1. Limitation of Liability: IN NO EVENT SHALL COODY GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
10.2. COODY GROUP’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US $100).
10.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Access by Children
11.1 In the United States, if you are a device manufacturer or other third party (the "Sponsor") that provides devices to children under the age of 13 that utilize COODY, you assume the responsibility for complying with the U.S. Children's Online Privacy Protection Act ("COPPA") and, to the extent applicable, The Family Educational Rights and Privacy Act ("FERPA"). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with COODY the personal information of children under the age of 13 in order to establish an account or use COODY. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. Except as provided in the paragraph above, COODY are not for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
Termination
12.1. You can stop using our Services at any time. 12.2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Services. We may also stop providing Services to you, or add or create new limits to our Services at any time. 12.2.1. If we determine in our reasonable judgment that you are not employed by or ceased employment with the company to which you have an access account in our Service, we may suspend or terminate your access to such account or Service without prior notice, at our sole discretion. 12.3. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.
Notices
11.1. Notice to COODY. Unless these Terms or any Additional Terms say otherwise, you must send any notices to: COODY, Inc., Email: [email protected]
11.2. Notice to You: For purposes of service messages and notices about the Services, COODY will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.
Information You Provide
14.1. You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it. You are required to create a user account to use our Services. If you choose to create a user account, you must provide certain current, complete, and accurate information about you, as requested during the registration process ("Registration Data"), and you must maintain and update such Registration Data to keep such information current, complete and accurate. You warrant that your Registration Data and all of the other information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to COODY.
If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.
If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques. COODY enable users to save or share information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, save, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through COODY, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of Read It Later, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any articles or other content with any third party, or to cease communicating with any third party via COODY, you agree to comply with such request immediately.
General Terms
15.1. Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and COODY Content. You agree to comply with all such laws, restrictions, and regulations.
15.2. English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
15.3. Severability: If a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.
15.4. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for COODY to enforce such Terms.
15.5. Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without COODY’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
15.6. Entire Agreement. These Terms are the entire and exclusive agreement between COODY and you regarding the Services, and these Terms supersede and replace any prior agreements between COODY and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
15.7. You agree that COODY may serve legal documents including summons or notice of legal proceedings by way of email and courier delivery (“Expedited Service”), in the event that you reside outside of HQ Country. You acknowledge that you prefers Expedited Service to alternative service and delivery of legal documents and that by agreeing to Expedited Service it is likely to be better noticed of such proceedings. This Agreement shall further be governed by the laws of HQ Country without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of HQ Country for the purpose of resolving any dispute relating to this Agreement. Any and all disputes arising out of this Agreement shall be brought before a court within the district where COODY is located. You further agree to waive any defense based on lack of personal jurisdiction, inconvenient forum, venue, or other similar principles. You further agree that a judgment entered by a court of HQ Country is enforceable in the country of your residence. “HQ Country” is the state where COODY designates as the place of its headquarter at any time during a controversy exists between COODY and you; provided that COODY may re-designate it from time to time within its sole discretion by noticing you of such change(s) and appropriate government agency, if required.
Last modified: Sep 1, 2023.
Effective: Sep 1, 2023.