Terms of Use

CoCreativ (“CoCreativ”) is a New York corporation having its principal business offices at 32 Avenue of the Americas, 22nd Floor, New York, New York 10013. CoCreativ is a family of integrated creative production companies. CoCreativ partners with top brands, agencies, and creative professionals to provide a full range of essential production services including state-of-the-art digital production and post-production solutions for our clients.

SCOPE
These CoCreativ Web Site (“Site”) Terms of Use (“Terms of Use” or “Terms”) govern your use of the Site, as well as the any services provide through the Site (“Service.”)  Please read them carefully.  By accessing the Site and/or Service, you acknowledge that you have read and understood these Terms and agree to comply with them.  If you do not agree to all these Terms, you may not access or use our Site or Service. By accessing, browsing, posting comments to, or otherwise using this Site, you represent that you have read, understand and agree to be bound by these Terms of Use, as they may be modified from time to time, as described below.

As used in this Terms of Use, the terms “we”, “us”, “our” and “ours” means CoCreativ, as well as its subsidiaries, affiliates or companies under its control. These include Industrial Color, Industrial Color Brands, Industrial Color Studios, Smashbox Studios, Impact Digital, Click 3X, Invodo and FileSociety (collectively “CoCreativ”). The terms “you”, “your” and “yours” when used in this Terms of Use mean any Customer, Authorized User or other user of any CoCreativ site or services.

INTELLECTUAL PROPERTY
CoCreativ retains all copyrights in any text, graphic images, and software owned by CoCreativ and hereby authorizes you to electronically copy documents published herein solely for the purpose of viewing the information for your own individual and/or internal purposes. You may not otherwise copy, modify, distribute, transmit, display, publish, sell, license, create derivative works, link to, or use any information on this Site without written permission from CoCreativ. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any CoCreativ copyright, patent or trademark.

DISCLAIMER
The information and materials available on or through this Site, including text, images, and links, are provided “as is” by CoCreativ, solely as a convenience to visitors of this site without warranty of any kind, either express or implied. CoCreativ does not warrant the accuracy, adequacy or completeness of this information and materials, and CoCreativ expressly disclaims liability for errors or omissions in this information and materials.

LIMITED LIABILITY
In no event shall CoCreativ (or any of its affiliates) be liable for any damages, including any incidental, consequential, special, direct or indirect damages, losses, or expenses, including lost profits or business opportunities, arising in connection with the site or any linked website, or use thereof or inability to use, by any party or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CoCreativ, or its representative thereof, is advised of the possibility of such damages, losses or expenses, except as limited by applicable law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

Only those terms and conditions set forth in any definitive agreement duly executed by CoCreativ, or any of its affiliates or subsidiaries, shall govern the purchase, use, distribution or other relationship with CoCreativ or its products or services.

PRIVACY
Our Privacy Policy, available privacy@cocreativ.co, governs what and how we collect and use your personal information, and is incorporated by reference into these Terms of Use.

LIMITATIONS ON USE
Use of the Content on this Site is limited to lawful business purposes. You may not reverse engineer, dis-assemble, rent, lease, loan, sell, sub-license, or create derivative works from the Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or Content without our prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, display or transmit all or any portion of the Site in any manner, except to the extent expressly permitted by these Terms. You may not use or otherwise export or re-export the Site or any portion thereof, the Content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America.  Any unauthorized use of the Site or its Content is prohibited.

You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.  You may not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.  You may not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
You may provide links to this Site provided you do so in a fair and legal way. You may not remove or obscure, by framing, mirroring or otherwise, any portion of the Site. You will discontinue providing links to the Site if requested by us.  You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to our homepage in any Site that is not owned by you.  We reserve the right to withdraw linking permission without notice.

DATA SUBMITTED BY YOU TO THIS SITE
Information you provide
You agree that you are solely responsible for the text, graphic images, Personal Information (as that term is defined in our Privacy Policy) or other information that you create, submit, post, or display on or through this Site (collectively, the “Data”). Subject to the terms of CoCreativ’s Privacy Policy, you further agree that you are solely responsible for your Data, and CoCreativ assumes no responsibility or liability for any Data posted by you or any third party user of this Site.

CoCreativ does not edit, review or make decisions concerning information you decide to share with others on the Site, including but not limited to Personal Information. Notwithstanding the foregoing, CoCreativ reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove from this Site any Data or any other text, graphic images, or other information, including without limitation, comments posted to web logs, social media sites or forums accessible from sites maintained by CoCreativ.

You agree that your Data does not and will not violate or infringe any copyright, trademark, right of privacy or publicity or other proprietary rights of any person or entity or constitute libelous, obscene, threatening, abusive or unlawful matter. Your Data will not include any computer viruses or any commercial messages or solicitations which have not been approved by CoCreativ in advance.

OTHER DATA WE COLLECT
Cookies and other technologies
This Website collects personal data (which may include a personal identifying number), cookie (small piece of data stored in the User’s device) data and usage data (which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Website) and the details about the path followed within the Website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment). This collection includes data provided by the User as well as data collected automatically when using this Website.

Any use of Cookies – or of other tracking tools – serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Website to provide its services.

Third parties
Users are responsible for any Personal Data of third parties obtained, published or shared through this Website and confirm that they have the third party’s consent to provide the Data to the Owner.
This Site contains links to other web sites and resources maintained by third parties. The linked sites may not be under the control of CoCreativ, and CoCreativ shall not be responsible for the content of any linked site or link contained in a linked site. These links are provided as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by CoCreativ of that site.

These third party sites have separate and independent privacy policies, which we encourage you to review before inputting any personal information into those sites. Any use of or reliance on any such information, content, and materials is at your own risk, and may be subject to additional policies or terms of use provided by the provider thereof. 

INDEMNITY
You agree to indemnify, defend and hold CoCreativ and its suppliers or other applicable related parties, harmless from and against all claims, losses, liability, cost, and expenses (including attorneys’ fees) arising from your violation of these Terms of Use or use or misuse of this Site, or from the use of any Data or any service, product, information or materials provided through this Site. Your obligations under this paragraph will survive your termination of access to or use of the Site.

FRAUDULENT, ILLEGAL OR IMPROPER ACTIVITY
You agree that you will not use this Site for any illegal, fraudulent, unauthorized, or improper activity (a “Prohibited Use”). If we suspect that you may be engaging in any Prohibited Use, including any violation of any terms or conditions relating to this Site or any service or product by CoCreativ, your access to this Site and any service or product may be suspended or terminated without notice.

SUBMISSIONS
You agree to provide true, accurate, current and complete information about yourself when you elect to provide Personal Information to CoCreativ via this Site, including in connection with registering or creating an account at this Site. You also agree to maintain and promptly update any such information to keep it accurate. Without limiting the generality of the foregoing, you will not submit any false or misleading information (including without limitation names or other contact information) or impersonate any person. To protect your account, we encourage you to keep your password confidential.

PRIVACY AND SECURITY
CoCreativ is committed to protecting the security of the information we collect, including the Personal Information you provide, and the non-identifiable information we collect via cookies and automated tools. We have implemented an information security program that contains appropriate administrative, technical and physical controls that are reasonably designed to safeguard all of the information we collect to minimize the chance of unauthorized access, misuse, alteration, destruction or loss.

We review our information collection, storage, and processing practices, including physical security measures to prevent unauthorized access, and we restrict access to Personal Information to employees, contractors or trusted partners who need that information to process it as described.

Though CoCreativ uses appropriate technical and organizational measures to protect the security and integrity of information in its possession, there is no warranty that any information, service, products, materials or other content or data available on or through this site, or CoCreativ’s software or hardware systems will fulfill any of your particular purposes or needs.

In addition, CoCreativ disclaims a warranty of any kind, implied, expressed or statutory, including the warranties of noninfringement of third party rights, title, merchantability or quality, fitness for a particular purpose, accuracy of information content or data, information access and order execution, freedom from computer virus, in connection with this site or available information and materials, even if CoCreativ has been advised or is otherwise aware of the possibility of such damages.

CROSS-BORDER TRANSMISSION OF DATA
Subject to CoCreativ’s Privacy Policy, you acknowledge and agree that by providing CoCreativ with your personal or proprietary information in any application or transaction request through this Site, you hereby consent to the transmission of such personal or proprietary information to or by CoCreativ, and its service providers or marketers, over state and international borders as necessary for handling your application or transaction request in accordance with CoCreativ’s standard business practices.

If you are visiting the Site from a country other than the United States, the various communications you send and receive will necessarily result in the transfer of information across international boundaries. If you are located in the European Union you should be aware that information you provide or which is otherwise collected on this Site or through any Services rendered may be transferred to countries (including the United States) which do not have data protection laws deemed as adequate as those in the EU. By visiting this Site and communicating electronically with the Site or any Services you consent to the processing and transfer of your Personal Information and other data as set out in our Privacy Policy.

ENFORCEABILITY
In the event any of the provisions of these Terms of Use shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to and do not alter any other agreements you have entered into with CoCreativ.

APPLICABLE LAW
This Site (excluding linked sites) is controlled by CoCreativ from its offices within the State of New York, United States of America. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the statutes and laws of the State of New York, and the federal laws of the U.S.A., without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly prohibited and shall not apply.

AMENDMENTS
CoCreativ is committed to transparency and accountability in the way we provide services to customers. We may change, amend or discontinue this Site (or any portion thereof) at any time without prior notice or obligation to you, in accordance with applicable law. Notwithstanding the foregoing, if changes to features, functionalities or services offerings on this Site involve a new use of your Personal Information, or a new means of processing that Information, we will provide specific notification prior to the start of the new use or processing as described in our Privacy Policy. We may also change these Terms of Use at any time. We will post revisions to the Terms of Use on the Site. You should revisit the Site from time to time for updates to the Terms of Use and Privacy Policy. Your continued use of this Site after such changes have been posted will constitute your acceptance of the changes.

YOUR PERSONAL DATA CHOICES
Right to opt out
You can always limit the information you provide to CoCreativ. You can also limit the communications that we send to you. To opt-out of emails, simply email privacy@cocreativ.co. Please note that even if you opt-out of promotional emails, we may still need to contact you with transactional information about your account. For example, even if you opt-out of marketing emails, we may still respond to your specific requests or send you activity confirmations.

Other rights
You also have the right to access, correct, update or if reasonably feasible, to delete your Personal Information. CoCreativ will undertake efforts to respond to your request without undue delay or not later than 30 days from receipt. If you reside in the EU, you also have the right to lodge a complaint with your appropriate data protection authority about the handling of your Personal Information.

If you have any questions or need any assistance with privacy matters including any information request, please contact us via email to privacy@cocreativ.co.

Effective Date: May 25, 2018