(Last revised on July 18th, 2022)
The website located at www.cozymeal.com (the “Website”) is a copyrighted work belonging to Cozymeal, Inc. (“Cozymeal”, “us”, “our”, and “we” or “Company”). The Website provides a way for people to connect with local professional chefs and food and alcohol experts outside of a restaurant setting, through cooking classes, meals, and culinary tours, guests experience personal and alternative culinary experiences. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
Your participation in, or use of, certain services or experiences made available via the Website, may be subject to additional terms (“Supplemental Terms”), and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use or participate in such service or experience. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service or experience.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4(h) (AUTOMATIC RENEWAL) BELOW.
Please note that these Terms are subject to change by Cozymeal in its sole discretion at any time. When changes are made, Cozymeal will make a new copy of the Terms available at the Website, and any new Supplemental Terms will be made available from within, or through, the affected service or experience. Cozymeal may require you to provide consent to the updated Terms or Supplemental Terms in a specified manner before further use of the Website and its services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your consent to such modified terms.
1. HOW COZYMEAL WORKS -
The Cozymeal Website is a social scheduling platform that connects professional chefs, caterers, foodies, sommeliers, brewers and others who wish to host meals and other food events, such as dinner parties, cooking and/or mixology classes and culinary tours (each, a “ Food and Alcohol Expert”) with users who enjoy attending and participating in such food events (each, a “Guest”). Food and Alcohol Experts create online profiles which feature their food preferences, meals they enjoy cooking, ingredients used, dates and menus for their upcoming food events and photos of previous and planned meals.
Food and Alcohol Experts may choose to host their own events or to cater the private events of their Guests (each, an “Event”). In the event a Food and Alcohol Expert chooses to host an Event, the Food and Alcohol Expert will create and post a menu of the meal to be served, and the date and time of the Event. If a Guest decides they want to attend the Food and Alcohol Expert’s Event, the Guest can request a reservation to attend the Food and Alcohol Expert’s Event. Upon acceptance of such reservation by the Food and Alcohol Expert (such reserved Event, a “Booked Event”), Cozymeal will make available to the Guest the necessary information for attendance of the Event and charge the Guest’s Member Account (as defined below) in accordance with Section 4 below.
In the event a Food and Alcohol Expert chooses to cater a private event at a location designated by a Guest (a “Private Event”), the Guest will provide the Food and Alcohol Expert certain information about the desired Private Event, such as the date of the proposed Private Event, number of people who will attend, and any dietary restrictions. If a Food and Alcohol Expert decides that they are willing to host the proposed Private Event, the Food and Alcohol Expert will designate a fee for such Private Event. Upon acceptance of the proposed terms of the Private Event, including the applicable fees, by the Guest, Cozymeal will charge the Guest’s Member Account, at which time the Private Event will be deemed a Booked Event.
In addition, Food and Alcohol Experts may create meals available for home delivery (“Prepared Meals”). Food and Alcohol Experts are responsible for creating their menus and selecting their own ingredients. Availability of Prepared Meals are limited, may be subject to minimums set forth on the Website and are subject to the discretion of Food and Alcohol Experts.
Cozymeal may also offer additional products through its Website, such as cookbooks, recipes, ingredients, and merchandise. The Website, the services made available via the Website, and any products created, manufactured or distributed by or on behalf of Cozymeal in the conduct of its business may be referred to herein as the “Services”.
The Website acts as a venue to allow Food and Alcohol Experts and Guests to connect and arrange Events. You acknowledge and agree that Cozymeal is not a party to any arrangement between the Food and Alcohol Expert and Guest(s), and Cozymeal does not manage any Events listed on the Website. As a result, any part of an actual or potential transaction between a Food and Alcohol Expert and Guest, including the quality of the meal, ingredients used, food prepared, menu served, safety and condition of the venue provided, and the truth or accuracy of any Event listings (including the content thereof or any ratings and reviews) are solely the responsibility of each user.
You further understand that Cozymeal does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Food and Alcohol Expert or Guest. Cozymeal is not the retailer (unless otherwise noted) of any products offered by Food and Alcohol Experts on the Website, nor is Cozymeal in the delivery business or a common carrier. Cozymeal will not assess or guarantee the suitability, legality or ability of any Food and Alcohol Expert or Guest. You agree that Cozymeal is not responsible for any Food and Alcohol Expert’s food preparation or the safety of the food, and does not verify any Food and Alcohol Expert’s compliance with applicable laws or regulations. Cozymeal has no responsibility or liability for acts or omissions by any Food and Alcohol Expert or Guest.
2. MEMBER ACCOUNTS -
3. YOUR USE OF THE WEBSITE -
Subject to these Terms, you are granted a limited license to (a) use Website and the functionality provided by the Website to upload, store, display, aggregate, organize, and share your photographs, descriptions, reviews, ratings, comments and other material (“Content”), including, without limitation, your recipes, techniques, instructions, methods, and ingredient lists (“Recipes”), (b) to copy, display, and use the functionality, materials, features, and services provided by the Website (collectively the “Materials” and as further defined in Section 7) solely for your personal, non-commercial use, and (c) share, copy and display any Recipes, appearing on the Cozymeal Website, provided your use is for your personal non-commercial use and you attribute the work to Cozymeal and any other applicable author(s). The design and layout of the Website are specifically excluded from the Materials.
4. EVENT FEES, PRODUCT ORDERS, SUBSCRIPTIONS & REFUNDS –
(a) Guest Payments. Each Guest will pay the fees for each Event (the “Contribution”) in advance. By reserving admission to an Event, you agree to that your payment card or other payment means may be charged for the full amount of the Contribution prior to the Event.
(b) Food and Alcohol Expert Compensation. If you are a Food and Alcohol Expert, following the Event or receipt of payment in connection with a Prepared Meal, Cozymeal will remit the total amount of the Contributions it has collected from each Guest for that Event and/or amounts received by Cozymeal in connection with a Prepared Meal, less Cozymeal’s Host Service Fee (as described in you Member Account profile page) and Rental Fees (as described in Section 4(f) below), if any.
(c) Payment Information. You agree to pay all fees or charges to your Member Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), Apple Pay or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, Apple Pay or PayPal account, and you must refer to that agreement, not these Terms, to determine your rights and liabilities. By providing Company with your credit card number, Apple Pay or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Member Account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card. Apple Pay or PayPal account used for payment hereunder. Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on Company Properties or by e-mail delivery to you. Verification of information applicable to payments made byGuests may be required prior to your attendance of any Event.
All payments are made via our third party payment processor.
(d) Cancellation Fees. If you, as a Guest, cancel your Booked Event:
• Up to 48 hours before the scheduled time of the Event (the “Start Time”), you will receive a full refund;
• Less than 48 hours of the Start Time, you will not receive any refund.
(e) Cozymeal Host Service Fees. Joining the Website, creating a user profile and creating and searching for Events is free. If you are a Food and Alcohol Expert, however Cozymeal does, however, charge a Host Service Fee (as described in Section 4(b)) for any payments made via the Cozymeal service, which are listed in your profile page available via your Member Account. Cozymeal may choose to temporarily change the fees or offer discounts for our services for promotional events or new services (“Cozymeal Discounts”), which may be subject to additional terms and conditions (“Additional Terms”). If there is any conflict between these Terms and Additional Terms, the Additional Terms take precedence in relation to that Cozymeal Discount. Before you participate in any Cozymeal Discount, you should always read the Additional Terms.
(f) Event Location and Rental Fees. Food and Alcohol Experts may book Event locations through Cozymeal in the event you, as a Food and Alcohol Expert, cannot find a suitable location. In the event, you, as a Food and Alcohol Expert, book an Event location and/or supplies (e.g. chairs, dishes, pans, etc.) through Cozymeal, Cozymeal will deduct the costs incurred by Cozymeal in reserving the location and supplies, plus Cozymeal’s Service Fee (“Rental Fees”) from the Contributions paid by the Guests of such Event. In the event the Rental Fees are in excess of the Contributions, you, as the Food and Alcohol Expert, agree to reimburse Cozymeal for all Rental Fees in excess of the Contributions.
(g) Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Member Account and select your monthly or annual (as applicable) package (each, a “Service Commencement Date”). Except as set forth in these Terms, all fees for the Services are non-refundable. No contract will exist between you and Cozymeal for the Services until Cozymeal accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
(h) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Cozymeal’s then-current price for such subscription. You agree that your Member Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Cozymeal that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Cozymeal notice) by logging into your Cozymeal account and going to the “Cozymeal Select” section of your “My Profile” page. If you do not wish your Member Account to renew automatically, or if you want to change or terminate your subscription, please contact Cozymeal at 1-800-369-0157 or firstname.lastname@example.org or log into your Cozymeal account and go to the “Cozymeal Select” section of your “My Profile” page.If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Cozymeal to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Cozymeal does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Member Account upon demand and/or (b) you agree that Cozymeal may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Member Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
(i) Products and Merchandise. Cozymeal may offer products and merchandise for sale via the Website, such as cookware, barware, cooking kits, oils, spices and edible products. Your receipt of an electronic or other form of order confirmation does not signify Cozymeal’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Cozymeal reserves the right at any time after receipt of your order to accept or decline your order for any reason. Cozymeal further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Cozymeal upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order. Cozymeal reserves the right, but is not obligated to, limit the sales of products or Services to any person, geographic region or jurisdiction. Cozymeal may also limit the quantities of products offered.
(j) Event Refunds. Cozymeal’s third party payment processor will hold all pre-paid amounts in escrow up until twenty four hours after the scheduled end-time for such Event, at which time the prepaid amount will be paid out to the Food and Alcohol Expert in accordance with this Section 4. In the event you, as a Guest, are dissatisfied with any Event that you actually attend, you may submit a complaint within 24 hours of the scheduled end-time of the applicable Event to Cozymeal’s customer service department by emailing Cozymeal at email. Please include in your email: your name, contact information, the date and time of the Event you attended, and a description of your complaint. Cozymeal reserves the right, in its sole discretion, to issue refunds, and may withhold Food and Alcohol Expert fees in the event of a complaint. Cozymeal DOES NOT guarantee that you will be entitled to any particular refund. Notwithstanding, in the event any Booked Event is canceled prior to the scheduled date and time, you may be refunded to a refund in connection with Cozymeal’s refund policy at: https://www.cozymeal.com/faq.
YOU ACKNOWLEDGE AND AGREE DISSATISFACTION WITH THE TASTE OF ANY MEAL PROVIDED DURING, OR OVERALL ENJOYMENT OF, ANY EVENT IS NOT, BY ITSELF, SUFFICIENT GROUNDS TO RECEIVE A REFUND.
(k) Title and Risk of Loss. All sales of tangible products are made Ex Works (Incoterms 2010) Cozymeal’s designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when Cozymeal makes such shipment available to the carrier.
(l) Product Descriptions. Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on any Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
(m) Perishable Products. Certain products sold via the Website may be perishable and subject to spoilage. The inclusion of ice packs may help with the protection of the products, but ultimately does not guarantee that your perishable products will arrive unspoiled. Upon arrival, you should promptly check your perishable products to ensure that they have arrived safely. Cozymeal does not accept responsibility for any spoilage caused by your failure to promptly refrigerate any products upon arrival.
(n) Alcoholic Products. Alcoholic products sold via the Website may be fulfilled by licensed third party partners of Cozymeal. In the United States, an adult at least 21 years old must be present to receive and sign for packages containing alcoholic beverages. By ordering any alcoholic products via the Website, you represent and warrant that you are at least 21 years old.
(o) Taxes. Prices for meals, food products, Events, merchandise and products sold via the Websites will include any applicable Sales Tax. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Cozymeal has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such count.
(p) Return Policy. All sales of products are subject to Cozymeal’s then-current return policy available at: https://www.cozymeal.com/faq.
(q) Third Party Payment Processors. Cozymeal uses Stripe, PayPal and Apple Pay as its third party service providers for payment services (e.g. card acceptance, and related services). By making or accepting any payments on the Website, you agree that Cozymeal may share any information and payment instructions you provide with its applicable payment processor to the minimum extent required to complete your transaction. You also agree:
- Apple Pay. If you make any payment by Apple Pay, you agree to be bound by Apple Pay’s Privacy Notice at: http://apple.com/legal/applepayments/privacy-notice. By making or receiving payments on our Website, you also agree to be bound by Apple Pay’s terms and conditions at: http://apple.com/legal/applepayments/direct-payments/.
5. GIFT CARDS –
(a) Purchasing and Redemption.
- You further certify and represent to Cozymeal that the activities in connection with which the Gift Cards will be used will comply with these GC Terms and Conditions and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Cozymeal, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Cozymeal-related entity.
- A Website account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Website account at the time of receiving the email, they will be prompted to create a Website account in order to redeem the Gift Card. A Website account is required in order to redeem a Gift Card.
- You may purchase Gift Cards for any value of $10 and more. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a predetermined dollar amount is awarded with additional Website credits (“Cozymeal Credits”), these Cozymeal Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances Cozymeal Credits shall be used only after the exhaustion of Gift Cards.
- Gift Cards may only be redeemed toward the purchase of eligible products on the Website. Redemption of Gift Cards on the Website is subject to change in Cozymeal’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's Cozymeal account (“Cozymeal Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by Cozymeal.
- You may be able to obtain your gift card balance by contacting Cozymeal customer service at email. The Gift Card balance relayed to you by a Cozymeal customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
- Gift Cards never expire.
(b) Use and Limitations.
- Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia, and may only be used on the Website (www.cozymeal.com). Gift Cards cannot be used to purchase other gift cards.
- Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in a Website account may not be transferred.
- Gift Cards are not returnable or refundable for cash except in states where required by law.
- Gift Cards may not be sold or bartered to third parties.
- Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Cozymeal's prior written approval.
- Use of Cozymeal's name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Cozymeal Gift Cards is strictly prohibited. Furthermore, the use of Cozymeal Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Cozymeal or any of its subsidiaries or affiliates is prohibited.
(c) Risk of Loss.
- If your Gift Card is lost or stolen, immediately contact customer service at email. Your Gift Card will be canceled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Cozymeal. Cozymeal and its affiliates shall have no liability to you for:
- lost or stolen Gift Cards; or
- use of any Gift Cards by third parties through your Website account. You are solely responsible for keeping the username and password for your Website account safe and for any activity conducted under your account.
- Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Cozymeal shall have the right to close member accounts or any related account(s) if Cozymeal suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above Cozymeal shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Cozymeal may also cancel or remove any and all Cozymeal Credits on the member accounts and/or any related account(s). Cozymeal has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
(e) Limitation of Liability.
COZYMEAL AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, release, indemnify and hold harmless Cozymeal and its subsidiaries, affiliates, its investors, officers, employees, agents, servants, assignees, and/or any other Cozymeal-related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or your violation of any of these GC Terms and Conditions.
Gift Cards are issued by Cozymeal, Inc.
Cozymeal reserves the right to change or modify these GC Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these GC Terms and Conditions are applicable to the extent permitted by law.
6. MOBILE TEXT MESSAGE SERVICES TERMS –
The following terms in this Section 6 apply to everyone who: (1) signs up to receive one or more SMS or MMS messages and/or messages from Cozymeal, or (2) sends us messages via SMS or MMS.
When you sign up for Cozymeal’s text alert program you are expressly consenting to receive text messages on behalf of Cozymeal and our affiliated companies. Text message communications from Cozymeal and our affiliated companies may include, but are not limited to: (i) information about Events you have created on the Website or have requested a reservation to attend; (ii) operational communications concerning your Account or the use of the Services; (iii) updates concerning new and existing features on the Services; (iv) communications concerning promotions run by us or our third-party partners; and (v) news concerning Cozymeal and industry developments. (the “Text Services”). You agree that such texts may be generated by automatic telephone dialing systems.
You may opt out of the Text Services at any time by texting the word STOP to +1 (415) 423-2699 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Cozymeal regarding the Events you host and/or plan to attend. If you need help with our Text Services, text the word HELP to +1 (415) 423-2699 or call +1 800-369-0157.
We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.
The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
7. REFER A FRIEND -
Users may encourage other friends to host Events and/or make Booked Events (a “Referral”) in exchange for certain discounts or similar promotions disclosed on the Website (collectively, “Promotions”); however, you are not allowed to offer any individual any form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize in furtherance of receiving a Referral. Promotions may be governed by specific rules that are separate from these Terms. By participating in such Promotions you will become subject to those rules, which may vary from the terms and conditions set forth herein. Cozymeal urges you to review any specific rules applicable to a particular Promotion, which will be linked for such Promotion. To the extent that the terms and conditions of such Promotions conflict with these Terms, the terms and conditions of such Promotion shall control. If you are determined by Cozymeal and/or its representative to be engaging in such behavior and/or to be violating the letter and/or spirit of these Terms (as determined by Cozymeal in its sole and absolute discretion), Cozymeal will immediately terminate these Terms and your Member Account.
The “Refer a Friend” feature automatically generates emails on your behalf as a convenience. By sending a Referral, you are directing Cozymeal to send an email on your behalf from the email address you provided during registration. Users may not send SPAM (send unsolicited emails to persons they do not know) in order to generate Referrals. By using the “Refer a Friend” feature and/or by sending a Referral, you agree that you are solely responsible for all Referrals you send via the Website, and will indemnify and hold Cozymeal harmless for any liabilities, judgments, settlements, claims, losses, costs or expenses (including reasonable attorneys’ fees) for any third party claims arising from or related to any Referrals sent from the email address you provided during registration.
8. INTELLECTUAL PROPERTY OWNERSHIP -
(a) Except for your Content, all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by Cozymeal and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Cozymeal and you, all right, title and interest in and to the Materials will at all times remain with Cozymeal and/or its Owners. The word “Cozymeal,” the Cozymeal logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Cozymeal. All Content is the sole responsibility of the user who provided it and is stored upon Cozymeal’s servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Cozymeal reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Cozymeal’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Cozymeal may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
(b)You retain ownership of your Content, and you hereby grant (1) Cozymeal and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website), and (2) users of the Website a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to Cozymeal’s use of your Content, including for its own promotional purposes, is your use of the Site in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by Cozymeal and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Cozymeal. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize Cozymeal to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Website.
(c) By using the Website, you hereby grant Cozymeal and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, , and likeness (your “Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, Cozymeal shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Cozymeal.
(d) If you upload or post any Recipes to the Services, including any Recipes that you have previously uploaded or posted, you hereby grant to Cozymeal a worldwide non-exclusive, transferable, sublicensable, royalty-free, fully-paid up, irrevocable and perpetual license to reproduce, distribute, publicly perform, publicly display, create derivative works of and otherwise use such Recipes, in any medium or format, whether now known or hereafter devised.
9. LIMITED USE; RESTRICTIONS ON USE -
10. ACCEPTABLE USE -
Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
(a) You shall not upload to, transmit through, or display via the Website any Content that: (i) that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) makes any statement, express or implied, that you are endorsed by Cozymeal; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) discloses the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, health information, Social Security numbers and credit/debit card numbers; or (viii) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Cozymeal, any of its officers, directors, or employees, or other users to any harm or liability of any type.
(b) You shall not use the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
(c) You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at https://www.cozymeal.com or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Cozymeal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cozymeal expressly disclaims any and all liability in connection with User Content. Cozymeal does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Cozymeal reserves the right to remove Content without prior notice and/or to terminate a User's access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice. Cozymeal also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
(d)The Website allows users to post reviews, ratings and comments about Events, Food and Alcohol Experts, Prepared Meals, and Guests (collectively, “Reviews”). Cozymeal shall have the right, but not the obligation to monitor or review any Reviews at any time for any readily apparent violation of these Terms, including for the purpose of identifying and rejecting Reviews which violate Section 10(a). Notwithstanding the foregoing, you acknowledge that Cozymeal is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. The Website enables you to publish, store, reproduce and perform Reviews and you are solely responsible for any content, opinion, statement, recommendation or advice contained therein. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. Cozymeal reserves the right to refuse to post or remove any material submitted or posted in any Review.
(e) For safety, all written communications must be conducted via the Website.
11. EVENTS –
(a) By using the Website or attending any Event, you agree to, and at all times during the Event will, comply with the Cozymeal’s code of conduct (the “Code of Conduct”) available on this page and below. In the event you invite or otherwise bring any guests or other parties with you to any Event (“Your Guests”), you agree that you will notify, and make Your Guests aware of the Code of Conduct and its terms and conditions. You acknowledge and agree that you will be responsible for and will ensure that Your Guests, at all times, during any Event, comply with the Code of Conduct. You further acknowledge and agree that you, not the Cozymeal, will be fully responsible and liable for all acts and omissions of Your Guests during any Event. As such you agree to indemnify, defend and hold harmless the Cozymeal, its affiliates, and its and their officers, directors, employees, and agents (the “Released Parties”) from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your and/or Your Guests’ alleged (i) breach or violation of any covenant, obligation or terms and conditions in these Terms or the Code of Conduct, (ii) negligence of misconduct, and/or (iii) violation of any applicable law while in attendance of any Event. You further agree to indemnify, defend and hold harmless the Released Parties from and against any Claim made by Your Guest(s) arising out of or in connection with any Event, including any losses, personal injuries, death, or any other occurrence or event whatsoever. Notwithstanding the foregoing, you shall have no indemnification obligation under this Section 11 with respect to any Claims based upon or arising in whole or in part from the gross negligence or willful misconduct of the Cozymeal.
(b) From time to time, Cozymeal’s own employees may attend the Events hosted by our own members. If a Cozymeal employees has enjoyed their experience while in attendance of a Food and Alcohol Expert’s Event, Cozymeal may display the “Cozymeal Verified” name and logo next to the Food and Alcohol Expert’s name on their profile page (a “Cozymeal Verified Food and Alcohol Expert”). Verification simply denotes an overall positive experience by a Cozymeal employee while in attendance of one of such Food and Alcohol Expert’s Events. Verification of any Food and Alcohol Expert in the manner contemplated herein is in Cozymeal’s sole discretion. You acknowledge and agree that Cozymeal Verified Food and Alcohol Experts are individuals, and that Cozymeal has no control, or duty to control or monitor, any Cozymeal Verified Food and Alcohol Expert or any of their Events. You acknowledge that your experience at any Cozymeal Verified Food and Alcohol Expert’s Event may be different from the experience of Cozymeal. Further, Cozymeal does not endorse any Cozymeal Verified Food and Alcohol Expert, nor does Cozymeal make any representation, warranty, covenant, or other claim regarding such Food and Alcohol Expert, their Events, or the health and safety of the meals they prepare or the venue they provide.
(c) Certain Events, such as wine tastings, may be limited to attendees of 21 years of age or older. Please note that any users that attempt to attend such Events may be denied access and/or participation. In no event will any user be entitled to any refunds hereunder for failure to comply with any such age limitations.
12. FOOD AND ALCOHOL EXPERT TERMS. If you are a Food and Alcohol Expert, the following terms of this Section apply to you:
Food and Alcohol Experts are solely responsible for all of their own tools, equipment, training, automobiles, kitchens, Event sites, licensing and other materials or requirements needed, desired or related to hosting, providing, preparing conducting or catering Events and/or Prepared Meals, and you acknowledge that Cozymeal will not reimburse you for any such expenses. Cozymeal is not, and shall not be, responsible for any liability arising out of any Events, Prepared Meals or other activities conducted by you in connection with this Website. You are not permitted to represent to any Guests or other users of the Website that you are an employee, contractor or agent of Cozymeal.
As an independent business, you, as a Food and Alcohol Expert, maintain complete control over your level of participation in the Website, including: (a) deciding when to log into the Website and be available to host Events or create and deliver Prepared Meals; (b) deciding when to accept, reject or ignore offers related to hosting Events or creating Prepared Meals; (c) selecting your attire – no uniforms or other specific clothes are required; (d) determining the time and location of your Events and availability of Prepared Meals; (e) you are not restricted from using competitive services or technology platforms; (f) you are permitted to maintain your independent business and other clients without using the Website; (g) you retain the right to hire employees or subcontractors in hosting Events and creating and delivering Prepared Meals; (h) your opportunity for profit or loss is dependent on your own managerial and culinary skills; (i) you are responsible for resolving any disputes with Guests and other users of the Website; (j) you solely control the amount you wish to invest in hosting Events and creating Prepared Meals in connection with the Website; and (k) you exclusively control your hosting of Events and creation of Prepared Meals. You are solely responsible for procuring your own insurance, and you agree that you will not seek reimbursement or any claims against Cozymeal’s insurance.
If you serve alcoholic beverages at any Event, you are solely responsible for procuring all licenses and insurance required by applicable laws, rules, regulations and ordinances, and will be solely responsible for all liabilities arising from any failure(s) to do so. You agree to indemnify, defend and hold harmless Cozymeal from and against any liabilities, costs and expenses (including reasonable attorneys’ fees) arising from your breach of this paragraph.
Neither these Terms nor your performance under these Terms shall create an association, partnership, joint venture or relationship of principal and agent, master and servant, or employer or employee, between Cozymeal and you, or between Cozymeal and you employees and agents. You and Cozymeal each agree that you and your employees and agents will not receive any Cozymeal-sponsored benefits from Cozymeal where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If you, your employees or agents, are reclassified by a state or federal agency or court as Cozymeal’s employee, you, and your employees or agents, as applicable, will become a reclassified employee and will receive no benefits from Cozymeal, except those mandated by state or federal law, even if by the terms of Cozymeal’s benefit plans or programs in effect at the time of such reclassification, you, your employees or agents, as applicable, would otherwise be eligible for such benefits. You acknowledge that it is your sole responsibility for complying with all federal, state and local tax filing and payment obligations that pertain to any remuneration received from Guests and other end users of the Website, or as processed by Cozymeal in connection with these Terms, including your sole responsibility for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits. You acknowledge that Cozymeal is not rendering legal, tax or investment advice, nor is Cozymeal a fiduciary of yours. Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state and local laws or ordinances.
13. SUBMITTED IDEAS -
15. DIGITAL MILLENNIUM COPYRIGHT ACT -
Cozymeal is committed to respecting and protecting the legal rights of copyright owners. As such, Cozymeal adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Cozymeal’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement 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;
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Cozymeal’s Copyright Agent to receive DMCA Takedown Notices is: Cozymeal Legal, email: email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Cozymeal to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
16. UNITED STATES ONLY -
17. DISCLAIMERS -
Cozymeal’s Website acts solely as a venue to allow food lovers, and people who enjoy entertaining and participating in events to connect and meet. Cozymeal makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to host and otherwise provide, any Event. Should you have any questions related to the legality of or consents necessary to host any Event, you should consult your own legal counsel. As such, you agree that you, as a Food and Alcohol Expert, are solely responsible for your Events and Prepared Meals and agree to indemnify, defend and hold harmless Cozymeal from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your Events and Prepared Meals, including any violation of any applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, alcohol licenses, fire codes, and health and safety inspections, or other taxes and payments which may be applicable to your Events and Prepared Meals.
WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL PRODUCTS AVAILABLE FOR SALE AND OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN COZYMEAL HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COZYMEAL, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, COZYMEAL DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COZYMEAL RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
18. LIMITATION OF LIABILITY -
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER COZYMEAL, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, ANY PRODUCT SOLD OR OFFERED VIA THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF COZYMEAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL COZYMEAL’S AGGREGATE LIABILITY THE AGGREGATE LIABILITY OF COZYMEAL AND ITS AFFILIATES EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100); OR (II) THE AMOUNTS PAID BY YOU TO COZYMEAL DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
19. CHOICE OF LAW AND ENFORCEMENT -
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of California, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of California.
20. TERMINATION -
Cozymeal may cancel, suspend or block your use of the Website or Service without notice for any reason, at our sole discretion, including if there has been a violation of these Terms. Your right to use the Website will end once your registration is terminated, and any data you have stored on the Website, including any profile information or any information related to Events which you have hosted, unless Cozymeal is required to retain it by law. You may terminate your registration at any time. Cozymeal is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT COZYMEAL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICE. Any limitations on liability that favor Cozymeal will survive the expiration or termination of these Terms for any reason.
22. NO ARCHIVE -
Notwithstanding anything contained herein, the functionality provided to you by the Website and the Cozymeal’s systems, networks and servers are not an archive and Cozymeal shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.
23. ASSIGNMENT -
24. NOTICE -
Your affirmative act of using the Website or registering for Member Account constitutes your electronic signature to these Terms and your consent to enter into agreements with Cozymeal electronically. You also agree that Cozymeal may send any notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”) in electronic form to: (1) the e-mail address that you provided during registration, or (2) by posting the Notice on the Website. The delivery of any Notice from is effective when sent by Cozymeal, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Member Account. You must give notice to us in writing via email to email or as otherwise expressly provided.
25. MISCELLANEOUS -
Cozymeal Code of Conduct
The purpose of this code of conduct is simple; to ensure the safety, comfort, and enjoyment of each attendee, including yourself and your guests when attending Events.
To ensure that every person attending has a good time, we ask that all members keep the following in mind when on outings:
- Please keep swearing to a minimum as some may find it offensive.
- Treat others in attendance with respect, fairness and equality.
- Use appropriate volume when at an Event (No yelling please)
- Respect other people’s personal space.
- Avoid disruptive behavior
- No Harassment.
- No Physical intimidation of others.
- No Malicious gossip.
- No Unwanted sexual attention.
- No violent, aggressive or bullying behavior.
Being a member of the Website comes with a responsibility to yourself, Cozymeal and the attendees of Events. Members should:
- Treat others in attendance at any Event with respect, equality and fairness;
- Behave responsibly during such Events;
- Respect the reasonable requests of those in attendance, such as requests for privacy;
- Follow any reasonable direction or requirement given to them by Cozymeal or Hosts of any Event;
- Seek to promote an atmosphere that is welcoming and enjoyable for those in attendance at any Event.
Members should avoid using offensive, vulgar and obscene language or behavior, which is likely to make others feel uncomfortable, embarrassed or offended. The following guidelines specify other behaviors that members should avoid as they are inconsistent with the purpose of this Code of Conduct and values of Cozymeal. Any member who does not meet these guidelines may receive a warning or have their membership termination. In addition, intentionally attempting or assisting in these behaviors may be considered as serious as engaging in the behavior. Members must not engage in the following behaviors:
- Abuse/Endangerment or Bullying of a Person: Physically harming, threatening to harm, intentionally or recklessly causing harm to any person or creating a condition that endangers the health and safety of others.
- Sexual Misconduct or Abuse: Attempted or actual unwanted sexual activity and attention, such as sexual touching or fondling, or other unwanted sexual advances. This including the touching of an unwilling person’s intimate body parts or forcing an unwilling person to touch another’s intimate body parts.
- Harassment: Behavior that is sufficiently severe or pervasive so as to threaten an individual or substantially interfere with the individual’s privacy or enjoyment of any Event.
- Disruptive Behavior: Engaging in disorderly, disruptive, lewd or indecent conduct. This item includes but is not limited to: being visibly or noticeably intoxicated, inciting or participating in a riot or group disruption; failing to leave the scene of a riot or group disruption when instructed by officials; disruption of Events or the enjoyment of Events by its attendees; creating unreasonable noise; or creating a physically hazardous or physically offensive condition.
- Discriminatory Behavior: Behavior that discriminates against other individuals because of such individual’s race, color, religion, sex, handicap, age, national origin, sexual orientation.
Members must not under any circumstances:
- Possess, carry or use any weapon, ammunition, explosive or fireworks during any Event;
- Steal, vandalize, damage, destroy or deface any property, personal or otherwise; and
- Enter or trespass onto any area which is “off limits”, or that the member does not have permission to enter.
BREACHES OF THE COZYMEAL’S CODE OF CONDUCT
Conflict brought about by any breach or breaches of the clubs “Code of Conduct” by any Website member or their guests addressed and resolved by Cozymeal in its sole discretion. Any observed or reported breach or breaches of the Cozymeal’s “Code of Conduct” by any member(s) or their guests will be investigated, discussed and dealt with by Cozymeal by either a suspension or the revoking of membership.
COZYMEAL, INC. GUEST AGREEMENT
(Last revised on July 18th, 2022)
You understand and agree that by attending any Event hosted by a Food and Alcohol Expert, you may be photographed during such Event, and that your name, image, likeness and statements may be posted at the Website for promotional purposes. You hereby authorize the Food and Alcohol Expert and Cozymeal, and/or their agents, contractors, service providers or assigns (collectively, “Photographer”) to take photographs of you (each a “Photograph” and collectively the “Photographs”) in connection with any Event(s) you attend, and to use, display and perform such Photographs on the Website for promotional purposes. You understand and agree that, as between Cozymeal and you, Cozymeal shall own all right, title and interest in such Photographs.
By attending any Event, (i) you grant to the Photographer the right to take the Photographs; and (ii) you grant to the Cozymeal and any party authorized by Cozymeal the right to reproduce, publish, display, distribute and otherwise use your name and likeness, and the Photograph(s) in connection with the Website (including to market the Website and future Events), worldwide and in perpetuity without the payment of any consideration, provided. This Authorization and Release shall apply to any media (including the Internet) now known or later developed that is suitable for the Event or Website.
You understand and agree that the Photographer will be the owner of such Photograph(s) that include your name, voice, likeness, and statements, and that the Cozymeal has the exclusive right to use and edit the Photographs(s) as necessary and appropriate for the Website, and you waive any rights of privacy and/or publicity that you might otherwise have with regard to the Photographs(s) and/or any derivative work(s) of the Photographs(s).
You understand and agree that you will not receive any compensation as a result of, and will have no approval rights regarding, any use of the Photographs(s) by Cozymeal or any parties authorized by Cozymeal. You further understand and agree that the Cozymeal will not have any obligation to include you in, or make any use of, any Photograph.
You also acknowledge and agree that you are responsible for your own actions and those of your guests (“Guests”) while in attendance of this Event, and that you and your Guest(s) will conduct yourselves in accordance with Cozymeal’s Code of Conduct set forth above. As such you agree to indemnify, defend and hold harmless Cozymeal from and against from any demand, claim, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your and/or your Guests’ alleged (i) breach or violation of any terms and conditions in the Code of Conduct, (ii) negligence of misconduct, and/or (iii) violation of any applicable law while in attendance of this Event. You further agree to indemnify, defend and hold harmless Cozymeal from and against any Claim made by your Guest(s) arising out of or in connection with any Event, including any losses, personal injuries, death, or any other occurrence or event whatsoever. Notwithstanding the foregoing, you and Cozymeal agree that you shall have no indemnification obligation under this Authorization and Release with respect to any Claims based upon or arising in whole or in part from the gross negligence or willful misconduct of Cozymeal.