Cohoist Terms of Service
This is a binding agreement between Cohoist LLC (dba Cohoist, dba Cohoist.com) and you and governs your use of the website https://cohoist.com, including subdomains. By accessing the website at https://cohoist.com, including subdomains, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
These Terms of Service apply to all of our internet properties, including, without limitation cohoist.com (the "Site"); mobile websites, microsites, mobile applications, membership websites, or other online service where these Terms of Service are posted or accessable; Cohoist's profiles on any social media site; any short message service ("SMS") program or other program, contest, sweepstakes, campaign, or service hosted by us ("Campaign"); all other services we provide (including all of the associated content, functionalities and advertising) on any platform, whether via computer, mobile, e-reader, tablet or other device used to access the Site or to participate in any Campaign; and any other digital services or properties operated or used by Cohoist from time to time (collectively referred to as the "Services").
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Cohoist's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Cohoist's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cohoist at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Cohoist's website are provided on an 'as is' basis. Cohoist makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Cohoist does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials, services or on any sites linked to this site.
In no event shall Cohoist or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Cohoist's website, even if Cohoist or a Cohoist authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Cohoist's website could include technical, typographical, or photographic errors. Cohoist does not warrant that any of the materials on its website are accurate, complete or current. Cohoist may make changes to the materials contained on its website at any time without notice. However Cohoist does not make any commitment to update the materials.
Cohoist has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cohoist of the site. Use of any such linked website is at the user's own risk.
7. User Contributions
By making a User Contribution on, to, or through the Services, you give us the right to display such User Contribution on the Site and through affiliated publications and to distribute such User Contribution and use such content for any purpose. Specifically, you grant us, our affiliates, and designees, and each of their respective parents and subsidiaries royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, sublicense (through multiple tiers), create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed for any purpose, including our commercial purposes, without attribution or compensation to you. By using the Interactive Services and/or making a User Contribution: (i) you acknowledge that Cohoist has put resources into providing the Interactive Services in reliance, in part, upon the rights to use and own the User Contributions; (ii) you agree that you have received adequate consideration for the rights you give Cohoist regarding your User Contribution; (iii) you agree that we can use your name, likeness, business name, business logo, graphics and any other information in connection with Cohoist's use of the User Contribution; (iv) you waive all moral rights with respect to any of your User Contributions; (v) you grant us the right to use your User Contribution and any material, idea, concept, know-how or technique contained in any communication you provide or otherwise submit to Cohoist for any purpose whatsoever, including, but not limited to, commercial purposes; and (vi) you understand and agree that you will not be paid or given anything else if Cohoist chooses to display or use your User Contribution in any way. All User Contributions are deemed non-confidential and non-proprietary.
You also grant each user of the Services a non-exclusive, perpetual license to access your User Contributions through the Services, and to use, reproduce, distribute, display and perform such User Contributions as permitted through the functionality of the Services and under these Terms of Service, including after your termination of your account or the Services.
8. User Content
When you use Cohoist to automatically post social media content on your behalf, you agree to this Agreement, our Social Media Policies, and the policies of third-party social media platforms connected via Cohoist.
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works ("User Content") and to publish User Content on the Service or through teh Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
By providing User Content to or via the Service, you grant Cohoist a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, post, publish, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Cohoist disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. Cohoist does not assume any obligations to perform legal review of the User Content, including sitemaps, RSS feeds and webpages, submitted to Cohoist. The Service publishes content from your submitted User Content to your social media account. Cohoist is not responsible for the content, or the formatting thereof, published on our behalf to your social media account. Users must fully comply with the Policies and Agreements of third-party social media platforms. This includes policies on prohibited content, prohibited practices, restricted content and features, and landing page and editorial quality standards.
8.1 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish using our Service, and will not be in any way responsible or liable for User Content. Cohoist may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Cohoist with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Cohoist does not permit copyright-infringing activities on the Service.
8.2 Monitoring Content
9. Accounts and Registration
To access most features of the Service, you must register for an account or connect through a third-party social media platform. When you register for an account or connect through a third-party social media platform you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account information, and you accept responsibility for all activities that occur under your account.
9.1. Free Accounts
Free accounts are supported by advertisements and sponsors. By registering for a free account, you agree to have advertisements and promotional content posted to your social media account. Cohoist reserves the right to adjust the content of these advertisements and the frequency that these advertisements are published.
10. General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Cohoist reserves the right to determine pricing for the Service. Cohoist will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://cohoist.com/pricing. If you cancel your subscription you may forego your current price. If you reactivate at a later date please check https://cohoist.com/pricing for our current pricing. Cohoist may change the fees for any feature of the Service, including additional fees or charges. Cohoist, at its sole discretion, may make promotional offers with different features and different pricing to any of Cohoist's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.
You authorize Cohoist to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Cohoist, to the payment method specified in your account. If you pay any fees with a credit card, Cohoist may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
10.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Cohoist to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
10.4 Delinquent Accounts
Cohoist may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
11. Third Party Information
Cohoist may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of North Carolina and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.