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TERMS OF USE
(last updated January 2, 2007)
Acceptance of Terms
Welcome to Cosimobooks.com ("Cosimo"). Cosimo provides this Web
site as a service to you, subject to the following Terms of Use
which may be updated by us from time to time without notice to
you. You agree that each use of the Web site is subject to the
then existing Terms of Use, including any modifications or
amendments made hereto from time to time. In addition, when using
this Web site, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by
reference into the Terms of Use.
Description of Service
The Cosimo Web site (the "Service")
currently provides users with access to publishing services and a
collection of books. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including
the release of new Cosimo content, shall be subject to the Terms
of Use.
Cosimo Privacy Policy
Registration data and certain other information about you is
subject to our Privacy Policy which, together with any
modifications or amendments thereto, is incorporated herein by
this reference. For more information, please see our full Privacy
Policy.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes any portion of the Service,
use of the Service, or access to the Service.
Dealings With Advertisers and Other Third Parties
Your correspondence or business dealings with, or participation in
contests or promotions of, advertisers and other third parties
(i.e., entities other than Cosimo) found on or through the
Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such party. You agree that Cosimo shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of
such advertisers on the Service.
Links
This Web site provides links to other Web sites affiliated with
Cosimo. Even though the Web site may be affiliated with Cosimo,
the Web site may link to others that are not. The company cannot
be responsible for and does not endorse the content of Web sites
not under Cosimo’s direct control, and you use such Web sites at
your own risk. In some cases, we have attempted to provide an
indication of when you are leaving the Web site and going to a
linked Web site, however this is not always the case. You
acknowledge and agree that Cosimo is not responsible for the
availability of such external Web 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 Web sites or resources. You further acknowledge and agree
that Cosimo 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 the site.
Cosimo's Proprietary Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that all Content, including that contained
in sponsor advertisements or information presented to you through
the Service or other third parties, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Cosimo, its advertisers or
the appropriate third party, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the
Service, Content or the Software, in whole or in any part.
Copyright
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, and software is the property of
Cosimo or its content suppliers and protected by U.S. and
international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on this site
is the exclusive property of Cosimo and protected by U.S. and
international copyright laws. All software used on this site is
the property of Cosimo or its software suppliers and protected by
U.S. and international copyright laws. Any use, including the
reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on this
site is strictly prohibited.
THIS SITE IS PROVIDED BY Cosimo ON AN "AS IS" BASIS. Cosimo MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, Cosimo DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Cosimo WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
General Information
The Terms of Use constitute the entire agreement between you and
Cosimo and govern your use of the Service, superceding any prior
agreements between you and Cosimo relating to the use of the
Service. You also may be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. The Terms of Use and
the relationship between you and Cosimo shall be governed by the
laws of the State of New York without regard to its conflict of
law provisions. The failure of Cosimo to exercise or enforce any
right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of the Terms
of Use is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Use remain
in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Use must be
filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms of Use
are for convenience only and have no legal or contractual effect.
Applicable Law
This site is created and controlled by Cosimo in the State of New
York, USA. As such, the laws of the State of New York will govern
these disclaimers, terms, and conditions, without giving effect to
any principles of conflicts of laws. We reserve the right to make
changes to our site and these disclaimers, terms, and conditions
at any time.
PRIVACY
POLICY
(last
updated January 2, 2007)
Protecting Your Privacy
At
Cosimo, Inc. (“Cosimo”) we have a long-standing practice of
protecting the privacy of our customers and visitors. Whether you
are an individual buying a book, prospective author, retailer,
wholesaler, supplier or one of the many authors from around the
world who use our publishing service, your privacy is important to
us. The purpose of this privacy policy is to inform you of the
policies that have been put in place to protect your personal
data. Please read on for more details about our privacy policy.
Sharing
Information Is Your Choice.
We value
your business and believe how you deal with us is your choice. We
also believe that by sharing your information with us, we can help
you with all the services you may need to see your publishing
dreams come true. You may at any time withhold or withdraw your
consent for Cosimo to use your personal information. To do this,
simply send us your request to the contact address listed at the
end of this policy. Please understand that withholding consent to
certain uses of information may restrict our ability to provide
you with a particular product or service.
What Does
Cosimo’s Privacy Policy Mean to you?
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Accountability.
Cosimo is accountable and responsible for personal information
under its control.
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Consent.
By using our services or our website and submitting your
information, you are providing your consent to Cosimo to use and
store your data for legitimate business purposes.
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Limits
on Collections.
Cosimo will limit collection of information to that which is
reasonable and necessary to maintain your business relationship
with us.
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Accuracy.
Cosimo will endeavor to keep your personal information as
accurate and complete as possible.
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Safeguarding Information.
Cosimo treats all our stored data with the utmost care and
security. We have taken appropriate steps to ensure the security
of our data..
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Providing Access.
You have a right, at any time, to access your personal
information as held by Cosimo. Upon receiving your request, we
will provide you with information regarding your personal
information under our control within 30 days.
What
information do we collect and how do we use it?
Cosimo
requires basic information about you to establish a relationship,
deliver products and services you have requested, and provide
ongoing service. Depending on the products or services you need,
we would require personal information, such as your name, contact
information and transaction data. As well, the government requires
us to keep record of certain information for tax filing purposes.
Your personal information may also be used to understand your
needs and eligibility for products and services and to recommend
certain products or services to meet your needs.
At
Cosimo, we value the relationship you have with us; we respect
your privacy and are committed to keeping your personal
information confidential. Cosimo does not sell, rent, lend or
exchange client information with other organizations. In some
cases, we may be required by law or court orders to divulge
private information.
Website
Traffic
Cosimo’s
web site collects information about our visitor’s activities on
our site. We count the number of times each web page is visited
and record the traffic flow throughout our site. We collect
referral data, domain names, the browser and platform type used by
visitors to our site. Our interest in collecting this information
is always to refine the functionality of the site to improve our
visitors’ experience. The information collected is used solely by
Cosimo and is not shared with any other organizations.
Cookies
Cosimo
web site may uses cookies to learn how visitors navigate our web
pages.
A cookie
is a small file containing information that is sent to your
computer by a web page. Cookies do not contain viruses, nor can
they be used to run programs on your computer. Most web browsers
will accept cookies automatically; however, you can adjust your
browser to decline them or notify you when a cookie is being sent.
Our
newsletter and announcements
We may
send out newsletters to our customers on a regular basis. We also
provide periodic service and product announcements to authors who
have provided their e-mail addresses to Cosimo. If at any time you
no longer wish to receive the announcements, please send an e-mail
to
info@cosimobooks.com
Surveys
Cosimo
conducts customer surveys on a voluntary basis. The information we
collect is used solely by Cosimo for customer service and
marketing purposes. All personal information will be removed if
the results of the surveys are to be shared with any third party.
External
Links
Cosimo’s
web site contains external links to other web sites. We do not
control nor are we responsible for the practices of these sites as
they relate to the privacy of your information. We do not provide
our customer information to any external site.
Updates
to the Privacy Policy
We will
be updating this privacy statement, as necessary, in response to
feedback from our customers and to reflect the evolution of our
services. The date of the policy will be updated as changes are
posted. We recommend that you check back periodically to have
up-to-date information on Cosimo’s privacy policy.
Further
Questions?
We
welcome your feedback regarding our privacy statement. If you have
any questions, please let us know by contacting
info@cosimobooks.com
Cosimo, Inc.
P.O. Box 416
Old Chelsea
Station
New York, NY 100113-0416
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