1. WHAT THIS DOCUMENT IS ABOUT
These Terms of Service ("Terms", "Terms of Service", “TOS”) govern the use of the websites www.cocrafty.com and the service connected to the website (hereafter referred as “cocrafty.com”, “cocrafty”, “Website”, “Service”).
Registered users of our Services are “Members” and unregistered users are “Visitors”. These TOS applies to both (collectively referred to as “Users”, or “You”).
2. WHAT DO YOU AGREE TO
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and you should leave the Website immediately. By using this website and agreeing to these Terms of Service, you bound to our Privacy Policy (at the bottom of the document), and in particular you consent to the use of cookies. You agree to indemnify Us and to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of these Terms, or arising out of any claim that You have breached any provision of these Terms.
a. How you can use the Website
i. You shall not use the Site in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
ii. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software or any material for which doing so would constitute a breach of law (including but not limited to intellectual property or personal data protection law).
iii. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Our express written consent.
iv. You must not use this Website to transmit or send unsolicited communications or for any purposes related to marketing without Our express written consent.
b. User Content
In these Terms, “User Content” means any material (including but not limited to text, images, audio material, video material and audio-visual material) that you submit to this Website for whatever purpose.
Your User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You or Us or a third party (in each case under any applicable law).
You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to remove any material submitted to this Website that constitutes does not comply with the provisions set in these Terms. You understand and accept that “User Content” may be accessible to other users or visitors of the Website, depending on the nature of User Content and on the reason of the submission. You also understand that, due to the nature of the Service, although some of User Content may be intended for a restricted audience and notwithstanding Our efforts to ensure the security of the Service, a residual risk exists that User Content may become under some circumstances accessible to third parties (including other Users of this Website) that were not supposed to access it. Notwithstanding Our rights under these Terms in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
c. Copyright and licenses
Unless otherwise stated, We and/or Our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all the intellectual property rights are reserved.
You can view pages or contents from the site (hereafter the “Material”) for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. With respect to the Material, excepted for the User Content that you have uploaded (“Your User Content”), you shall not:
- Download or print any parts of the Material unless explicitly allowed
- Re-publish any parts of the Material (including republication on another website)
- Redistribute, sell, rent or sub-license any part of the Material show any part of the Material in public
- Reproduce, duplicate, copy or otherwise exploit any part of the Material for a commercial purpose.
d. Your account
When You create an account with the Website, you must provide Us information that is accurate, complete, and current. You shall ensure that the information provided stays current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service. You are responsible for safeguarding the password and any other security means that you use to access the Service and for any activities or actions performed under your password. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
e. Restricted access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to some areas of this Website, or indeed the entire Website, at Our only discretion. You shall not access or try to access any areas of this Website to which you have not been explicitly been given access. You shall not to try to use any functions of the Service for any other purpose than the ones that function has been provided for and for which you have been authorized to use it. We can disable, suspend or terminate Users’ access to the website discretion without prior notice in case of breach of any provisions of these Terms. f. Your contribution to other users’ User Content If you are providing contribution with respect to the User Content of other users, you shall ensure to be entitled to do so under the applicable laws and your contribution shall not constitute advice that is regulated under the applicable laws (for instance but not limited to, medical, legal or tax advice).
WHAT WE ARE RESPONSIBLE FOR
a. No warranties
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and materials provided in it.
Without prejudice to the generality of the foregoing paragraph, We do not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. In particular, the Website may allow You to receive comments, messages or other forms of contribution from other Users with respect to Your User Content. We cannot be held responsible for the content of such contribution.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us. We have no control over and we cannot and do not assume responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
b. Limitations of liability
We will not be liable to You in relation to the contents of, or use of, or otherwise in connection with, this Service: - for any indirect, special or consequential loss; or - for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; - for any losses due to financial investments. These limitations of liability apply even if We have been expressly advised of the potential loss.
c. Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website. WHAT YOU SHOULD KNOW ABOUT THESE TERMS
a. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. If you disable your account we will not automatically delete your User Content or Your Data. If we disable or terminate your account, we may delete your User Content or Your Data, partially or completely. If you want to disable your account please write us an email (info@cocrafty.com) mentioning ‘Cancel Registration’ and your email address in the object of your communication. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b. Changes
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You can find the most recent version of these Terms in force at the address www.cocrafty.com/AGB.html and we invite you to visit this page regularly. By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, you shall immediately stop using the Service.
c. Assignment
We may transfer, sub-contract or otherwise deal with the rights and/or obligations under these Terms without obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
d. Severability
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
e. Entire agreement
These Terms constitute the entire agreement between You and Us in relation to your use of the Service, and supersede all previous agreements in respect of your use of the Service.
f. Law and jurisdiction
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. All disputes shall be submitted to the exclusive jurisdiction of the Swiss courts in Berne, Switzerland.
HOW YOU CAN CONTACT US
You can contact our Customer Support at info@cocrafty.com.
Last updated: May 26, 2017
1. WHAT THIS DOCUMENT IS ABOUT
This policy statement (hereafter the “Policy”) describes the way we handle personal data (hereafter the “Data”, “Personal Data”, or “Your Data”) of the users (hereafter the “User”, “Users” or “You”) of the website www.cocrafty.com (hereafter referred as “cocrafty.com”, “cocrafty”, “Website”, or “Service”). This Policy does not apply to other websites, including those that may be accessed through links present on the Website.
By using or continuing to use the Website, You explicitly agree with the content of this Policy and expressly consent to the process of your personal data as described in this Policy.
2. WHY DO WE PROCESS YOUR DATA
We process Your Data for the purposes indicated below:
- To deliver services and goods requested and/or purchased from the Website, and in general to meet administrative, accounting, legal or technical requirements. - To answer specific requests for information We receive from You . - To supply You with regular updates on new products, services or commercial offers We or our partners offer. - To inform you about the status of the Service (eg. maintenance, possible disservice,…) or to send you other notifications with respect to the Service - To ensure the security of the Service - To defend ourselves in Court, or prior to a Court action 3. WHICH DATA WE PROCESS?
3.1 Data automatically supplied by the User
During their normal operation, our systems acquire Data, that we store and process in order to ensure the correct functions of the Service. This includes: IP addresses and domain names of computers used by Users to connect to the Website, data contained in Cookies and other parameters such as those related to the User’s operating system and communications environment.
3.2 Data voluntarily supplied by the User
We also store and process data that You have entered or otherwise provided, such as the data related to your profile. or the data that you may provide using the System or during your interaction with other users. This data may be typed in directly by You on our Website, or may be retrieved by cocrafty, on your request, from a third party service (e.g. another website to which you are registered). In order to sign-up to the Service, You are required to provide some mandatory information: your username, your email address, and a secret password. Providing additional information beyond what is required at registration is optional, but enables the User to better use the Services. Additionally, we process the Data You or other Users upload, publish, send, or display in comments, photos, profiles, messages, notes, text, information, or other kinds of content (“User Content”) on or through cocrafty or transmit to or share with other Users or third parties accessing cocrafty. All the data you provide or otherwise transmit to or through the Service is regulated by the Service’s Terms and Conditions that you can access at the address www.cocrafty.com/AGB.html.
4. WHAT WE DO WITH YOUR DATA
4.1 We process Your Data, including by automatic and electronic means, for the time necessary to achieve the purposes for which they have been collected. Processing refers to the acquisition, storage, transformation, deletion, display and communication of your Data. In some case, the time necessary to achieve the purposes for which they have been collected may outlive the duration of Your account or use of the Service, as for example in the case you have posted a comment or sent a message that will still have to be displayed to other users after you close your account on the System.
4.2 Depending on the settings of Your account, your profile information and information about your activity on cocrafty will be available to other Users of cocrafty or to occasional visitors of the Website, including non-registered Users. Such information and content may also be found and made accessible by search engines (e.g. Google, MSN, Yahoo etc.).
4.3 We may send You newsletters, service-related announcements, or other notification messages and emails.
4.4 We may share your Data with our suppliers to whom we outsource part of our Service or to whom we ask to process your Data in order to facilitate our business (e.g This may include credit card processors, hosting platforms, CRM providers, etc.). This may include service providers located or that operate from outside Switzerland. These service providers may have access to Your Data, Your User Content and other information for use in connection with these business activities. Where We use third parties for the processing of any personal information, We implement reasonable contractual and technical protections limiting the use of that information to the specified purposes.
4.5 If the complete or partial ownership of the cocrafty business, or individual business units were to change, Your Data may be transferred to the new owner or shareholder. In any such transfer, the Your Data, User Content, and other information would remain subject to the promises made in the Privacy Policy in force.
4.6 We may be required to disclose Personal Data, User Content or other information in compliance with applicable laws or pursuant to lawful requests, such as subpoenas or court orders. We may use or share such information when We believe it is necessary to comply with the law, to protect Our interests or property or those of cocrafty, to prevent fraud or other illegal or illicit activity perpetrated through the Website or using cocrafty name. This may include sharing information with other companies, lawyers, agents, or government agencies.
5. HOW DO WE PROCESS YOUR DATA?
5.1 Location of Data processing
Although our Services are currently hosted in Europe, personal data handling may take place in a Country that is not Switzerland. This is sometimes the case, for example, when We use the services of a Third-Party service provider.(see “What we do with your Data”).
5.2 Security
Although we put in places reasonable measures to protect your Data on our System, no security measures are perfect or impenetrable. For this reason, You acknowledge that there is a residual risk that Your Data, User Content and other information may become publicly available beyond what You or We have authorized. Also, We cannot and do not control the actions of other Users with whom the User may choose to share data and information. Therefore, We cannot and do not guarantee that Your Data, User Content, and other information that you make available through cocrafty to other users will not be accessible by unauthorized persons. In order to preserve the security of Your Data and of those of the other users, You will abide to the obligations set in our Terms and Conditions. You also understand and acknowledge that, even after removal, copies of Personal Data, User Content, and other information may remain viewable in cached and archived pages or if other Users have copied or stored this data and information.
5.3 Use of Cookies
We use these Cookies exclusively for what is strictly necessary for the good functioning of the Service, including handling user sessions and the collection and generation of aggregate logs and visit information (e.g. the number of visitors and the pattern of visits to the Website). In particular, We use persistent “Session ID” cookies to identify the Users during the course of their session, to confirm that they are logged in and to recognize them and their preferences upon their return to the Website. We use Google Analytics services to collect, store and analyze user access information in an aggregated form. Google Analytics issues, stores and uses a Cookie to track this information on your browser.
If your browser settings do not allow cookies, you will not be able to correctly use the Website.
6. WHAT ARE OUR MUTUAL RIGHTS WITH RESPECT TO THE DATA AND TO THIS POLICY
You can at any moment request to get access to Your Data, request their correction or removal by informing us in writing via registered mail at the address info@cocrafty.com. We may occasionally need to update this Policy due to changes to legislations or evolutions of the Service or of the technology. We therefore reserve the right to carry out any such changes and invite you to visit this page regularly.