This Website is owned or managed by Cocina Vista LLC (“Cocina”) and is part of the Cocina family of companies, which includes quality entertainment brands such as broadcast and Internet radio stations and television stations (each an “Cocina Website,” and collectively the “Cocina Websites”).
This Cocina Website is a general audience web site. Children under 13 are welcome to be visitors to this Cocina Website, but cannot register to use blogs, or to provide user videos and other content.
Certain products or services offered by this and/or other Cocina Websites (each an “Cocina Internet Service,” and collectively the “Cocina Internet Services”), and certain areas within this and/or other Cocina Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or the Cocina Internet Services. For example, if you wish to register for this Cocina Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY COCINA WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY COCINA WEBSITE MAY BE TERMINATED IMMEDIATELY IN COCINA’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement
In its sole discretion, Cocina may modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access the Cocina Website. Your continued use of the Cocina Website and/or Cocina Internet Service after Cocina posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Cocina Website and/or the Cocina Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Cocina has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.
Accounts, Security, Passwords
If a particular Cocina Website or Cocina Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will notify Cocina immediately at webmaster@Cocina.com if you suspect any unauthorized use of your account or access to your password. Cocina is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will not use the account, username, or password of another registered user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Cocina Internet Service. By using the particular Cocina Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
Cocina may terminate your account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, this Agreement will remain in effect in its entirety.
Access and Use
Materials contained in this Cocina Website (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. Cocina grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing this Cocina Website and using the Cocina Internet Services. This means that you may only view or download material from this Cocina Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The Cocina Internet Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by Cocina. Illegal and/or unauthorized use of the Cocina Internet Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this Cocina Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. Cocina may take appropriate legal action for any illegal or unauthorized use of the Cocina Internet Services.
Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Cocina Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of Cocina or unless it is expressly permitted by this Cocina Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Cocina Website. The use of materials from this Cocina Website on any other web site or networked computer environment is similarly prohibited.
Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Cocina Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Except where otherwise provided, access to and use of this Cocina Website and the Cocina Internet Services offered through this Cocina Website are currently available without charge. Cocina may charge a fee for access to or use of this Cocina Website, or any Cocina Internet Service available on this Cocina Website at any time in the future. Your access to or use of this Cocina Website prior to the imposition of a fee does not entitle you to the continued use of this Cocina Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS COCINA WEBSITE AND/OR COCINA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS COCINA WEBSITE OR COCINA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. COCINA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COCINA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. COCINA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS COCINA WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. COCINA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS COCINA WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
COCINA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR COCINA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
You may participate in an Cocina Interactive Service by agreeing to this Agreement and the Interactive Service Additional Terms set forth below, and by completing the registration form. Thereafter, you may post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Cocina Website) (collectively “User Content”) to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this Cocina Website (collectively “Forums”). You are solely responsible for such User Content. Cocina accepts no responsibility whatsoever in connection with or arising from such User Content. If you do not agree to this Agreement and such Interactive Service Additional Terms, you may not participate in the Cocina Interactive Service.
You agree that you will not:
· Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page);
· Solicit personal information from anyone under age 18;
· Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
· Publicly post information that poses or creates a privacy or security risk to any person;
· Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through any Cocina Website, or any postings which advocate illegal activity;
· Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
· Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
· Deliver, or provide links to, any postings containing defamatory, false or libelous material, contains nudity or a link to an adult website;
· Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
· Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
· Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
· Use this Cocina Website or the Cocina Interactive Service in any manner that could damage, disable, overburden, or impair or otherwise interfere with the use of the Cocina Website or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
· Attempt to gain unauthorized access to this Cocina Website, any related website, other accounts, computer system, or networks connected to this Cocina Website, through hacking, password mining, or any other means; or
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Cocina Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Cocina Website using your account. Any violation of these provisions can subject your Cocina account to immediate termination and, possibly, further legal action.
Cocina does not endorse, does not control and is not responsible for any notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files delivered to any Cocina Website by you or other users. Cocina is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Cocina may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. Cocina is not responsible or liable for damages of any kind arising from any postings even when Cocina has been advised of the possibility of such damages, or from Cocina’s deletion of any posting. Nonetheless, Cocina may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. Cocina may terminate your membership or restrict, suspend, or terminate your access to any part of the Cocina Internet Services if Cocina determines, in its sole discretion, that you have violated this Agreement or pose a threat to Cocina and/or the users of the Cocina Internet Services.
The information and opinions expressed in postings on this Cocina Website are not necessarily those of Cocina or its affiliated or related entities, content providers, advertisers, sponsors, and Cocina makes no representations or warranties regarding that information or those opinions. Cocina does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Cocina Website automatically and immediately become the property of Cocina without any obligation of confidentiality. Cocina shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Cocina does not retain ownership of any User Content, then you hereby expressly grant to Cocina a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the User Content for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
By submitting any material or photographs to or through this Cocina Website, you are granting permission to have this material posted on this Cocina Website and other Cocina Websites, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Cocina may remove access to infringing material. Such actions do not affect or modify any other rights Cocina may have under law or contract.
You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You will not permit any other user of this Cocina Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of this Cocina Website by any other person.
You release Cocina, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Cocina does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Cocina’s policy is to simply delete any such submission without reading it or forwarding it to other Cocina staff. Therefore, any similarity between an unsolicited submission and any elements in any Cocina creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
Notwithstanding the forgoing, if unsolicited submissions are sent to Cocina through this Cocina Website or through the Cocina Interactive Services, these submissions become the property of Cocina and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Cocina sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Cocina, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
This Cocina Website may contain links to websites operated by third parties. Cocina does not monitor or control these sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Cocina’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, that site.
Software Available Through Cocina Websites
Any software that is made available to view and/or download in connection with an Cocina Internet Service (the “Software”) is owned or controlled by Cocina and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Cocina is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.
With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the Cocina Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.
This Cocina Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Cocina. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Cocina does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Cocina is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Cocina Internet Service.
Modification/Termination by Cocina
Cocina may, in its sole discretion, modify, suspend, or terminate this Cocina Website and/or any portion thereof, including any Cocina Internet Service, and/or your account, password, or use of any Cocina Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for an Cocina Internet Service removes your authorization to use the Cocina Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Cocina shall not be liable to you or any third-party for any termination of your access to an Cocina Internet Service.
This Cocina Website may offer certain Cocina Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively the “Cocina Interactive Services”). A copy of the Interactive Service Additional Terms can be found here.
This Cocina Website may offer certain Cocina Subscription Services such as newsletters (collectively “Cocina Subscription Services”). By registering for an Cocina Subscription Service, you will be subject to any charges and rules set forth in the description of that Cocina Subscription Service.
Some Cocina Internet Services accessible through this Cocina Website, including certain Cocina Interactive and Subscription Services (the “Cocina Premium Service”), may be offered to you conditioned on your payment of a fee. By using the Cocina Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that Premium Service. A copy of the Premium Service Additional Terms can be found here.
The specific rules and terms that apply to all contests or sweepstakes conducted by this Cocina Website, can be found at the link for the contest or sweepstakes. Your participation in the contest or sweepstakes is subject to those rules and terms.
Limitations on Liability
In no event shall Cocina, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Cocina Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Cocina Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Cocina Website or any information, software, products, services, and related graphics obtained through the Cocina Website; (vi) any transactions entered into through this Cocina Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Cocina Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Cocina Website and Cocina Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Cocina has been advised of the possibility of damages.
You will indemnify, defend, and hold harmless Cocina, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Cocina Website and any related Cocina Internet Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on this Cocina Website or through the Services causes Cocina to be liable to another.. Cocina may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Cocina in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Cocina Website by certain persons in certain countries may not be lawful, and Cocina makes no representation that materials on this Cocina Website are appropriate or available for use in locations outside the United States. If you choose to access this Cocina Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Cocina Website. No software or any other materials associated with this Cocina Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an Cocina Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
This Privacy Statement informs you of Cocina’s practices with respect to the online collection, use, and disclosure of personally identifiable information (“PII”) from this Cocina Website. PII is information includes your email address, home address, or telephone number or credit card number or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests. This Privacy Statement applies to the services offered by Cocina, including this Cocina Website, Cocina mobile services and any other features, content, or applications offered from time to time by Cocina in connection with this Cocina Website (collectively, the “Services”).
When Cocina collects PII from you it is because you are voluntarily submitting the PII to us in order to register for the Cocina Website or to purchase products or services from Cocina. Cocina may also collect PII from you if you choose to participate in Cocina’s activities like sweepstakes, contests, games, and surveys or because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Cocina for review. Registration PII required includes email address along with screen name and password. Other information including birth date, gender, country and zip code are optional. We may also obtain PII from reputable third parties.
In addition, Cocina collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Services, track usage, and for security and monitoring purposes.
Cocina is the owner of this website and retains all ownership rights to the information collected at this Cocina Website. Cocina may change, modify, add, or remove provisions of this Privacy Statement, and we encourage you to check back from time to time as the version of the Privacy Statement that is posed on this Cocina Website at the time of your visit control that visit. Your continued use of the Services after Cocina posts a revised Privacy Statement signifies your acceptance of the revised Privacy Statement. It is therefore important that you review this Privacy Statement regularly to ensure you are updated as to any changes. If Cocina materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Privacy Statement under which it was collected unless you have been provided notice of, and have not objected to, the change.
Although you may use many features of this Cocina Website without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide that information in order to receive the benefits of registration or of the special service.
We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Cocina and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the Cocina family in order to enhance your experience on this and other Cocina Websites.
In addition, Cocina collects other non-PII including IP address, aggregate user data and browser type. This data may be used to manage and improved the Services, track usage and for security and monitoring purposes. We may share this information with advertisers or other third parties that are not part of the Cocina family on an aggregate or other basis that does not disclose your identity or contact information.
Online Surveys/Contests and Sweepstakes
From time to time, we may conduct online surveys and contests and sweepstakes. These activities may ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests and sweepstakes to provide you with information about the Cocina family and promotional material on behalf of some of our partners, and to contact you when necessary.
To enhance Cocina’s ability to tailor this Cocina Website to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
This Cocina Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If This Cocina Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to charge you for products and services that you request. By giving us your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
This Cocina Website may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Cocina to provide additional features at this Cocina Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any PII that you provide when signing up at one of those co-branded pages may be shared with our third party partner. Check our partner’s website for information regarding its privacy policies.
Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the Cocina family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the Cocina family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
With respect to specific registration modules, like survey, contests or sweepstakes, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be sharing with third parties the information collected
Finally, we may share any of the information collected from you with these other non-Cocina companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Services
Some of the advertisements that appear on Cocina are delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to or use of our Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, see their individual web sites.
We may license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children’s Personal Information
Although this Cocina Website is a general audience website, consistent with the Children’s Online Privacy Protection Act:
· This Cocina Website does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
· If a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
· If a child posts PII in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
Use of PII
Cocina will only use the PII you provide in a manner that is consistent with this Privacy Statement. If Cocina obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Statement.
If you receive promotional materials from Cocina, and want to stop receiving such materials click the unsubscribe link at the bottom of each promotional email.
Cocina may share your PII with companies that are affiliated with us, that is, are part of the Cocina. Cocina may also share your PII with advertisers and business partners that are not affiliated with Cocina, but would like to send you information about their products and services. For example, some of the companies who supply prizes for Cocina’s contests may have special offers or promotions that might be of interest to users of the Cocina Website. We will not share your PII with such third parties without your permission.
We will not share your credit card information with third parties except those Cocina uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through Cocina. Cocina employees, agents and contractors must have a legitimate business reason to obtain access to your PII. Cocina may share your PII with outside contractors or agents who help us manage our information activities (i.e., message boards, sweepstakes administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with administration, judging and prize fulfillment aspects of contest, promotions, and sweepstakes. These outside contractors, agents, or sponsors may only use your PII to provide Cocina with a specific service and not for any other purpose without your consent. Cocina may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII.
Cocina may also customize the advertising and marketing messages you receive on our Site, or may work with outside companies to do so. Your non-PII may be shared with these companies so this customization can be accomplished. Cocina prohibits these companies from sharing your information with any third party or from using it for any purpose other than targeting advertising.
Cocina may aggregate PII and use it anonymously. Anonymous click stream, number of page views calculated by web beacons, and aggregated demographic information may also be shared with Cocina’s advertisers and business partners.
There may be instances when Cocina may access or disclose PII or non-PII without providing you with a choice in order to: (i) protect or defend the legal rights of Cocina, its employees, agents and contractors (including enforcement of our agreements); (ii) to protect the safety and security of users of the Cocina Website or members of the public including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; (iv) or to comply with the law or legal process.
This Cocina Website provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you:
· May modify your registered user information on our website; or
· Send an email to webmaster@Cocina.com
Access to Personal Identifiable Information
Cocina gives you the opportunity to modify or remove PII that you have provided to us. You may do so by modifying your password-protected registered user information on our website.
Security of Your Personal Identifiable Information
Cocina employs commercially reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job. You should be aware that the Internet is inherently susceptible to security failures beyond Cocina’s control, and you should keep this in mind when communicating any information.
Sale or Merger
If this Cocina Website is sold to, or merges with, another company not owned by Cocina, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Cocina will seek to obligate the acquiring company to use any PII transferred by this Cocina Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
You should be aware that Cocina might be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this Cocina Website, or your dealings with this website, you can contact webmaster@Cocina.com.
No third-party licensor shall have any liability for the accuracy or completeness of its materials that appear on this Cocina Website, or any component thereof or for delays, lack of authenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Third-party licensors have exclusive proprietary rights to the information received via its materials that appear on this Cocina Website. You shall not use or permit anyone to use the information provided by such third-party licensor through this Cocina Website for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the third-party licensor of such information. Provision of the information on this Cocina Website is subject to termination if any agreement between a third-party licensor and a provider of information distributed through the Cocina Website is terminated. The third-party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for any decisions based on the information provided hereby.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Cocina Websites who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@Cocina.com or write us:
c/o Legal Department
Cocina Communications Corporation
2425 Olympic Boulevard
Santa Monica, CA 90404
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Cocina brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Cocina Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Los Angeles, California. You will submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You must file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or unenforceable, for any reason, including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cocina with respect to the use of this Cocina Website and shall not be modified except in writing, signed by an authorized representative of Cocina.
If you have any questions concerning this Agreement, you may send them by email to legal@Cocina.com
You must send any official correspondence via postal mail to:
c/o Legal Department
Cocina Communications Corporation
2425 Olympic Boulevard
Santa Monica, CA 90404
Other Foreign Nations
This Cocina Website is governed by and operated in accordance with the laws of the United States of America and is intended for enjoyment of residents of the United States. Cocina makes no representation that this Cocina Website is governed by or operated in accordance with the laws of other nations. By using this Cocina Website and submitting any PII, visitors from outside of the United States acknowledge that this Cocina Website is subject to U.S. law, consent to the transfer of their data and information to the United States, and waive any claims that may arise under the law of their own nation.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Cocina Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Cocina logos, titles, characters, names, graphics and button icons (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Cocina Intellectual Property is owned or controlled by Cocina or by third parties that have provided material to the Cocina Website.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Cocina Website, in whole or in part, without the express written permission of Cocina.
Other trademarks, service marks, product names and company names or logos appearing on this Cocina Website that are not owned by Cocina may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Cocina Website, or frame any page of this Cocina Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Cocina Website in an email for commercial purposes, without the express written permission of Cocina.
You may inquire about obtaining permission by writing:
c/o Legal Department
Cocina Communications Corporation
2425 Olympic Boulevard
Santa Monica, CA 90404
In addition, you may send them by email to legal@Cocina.com
Cocina respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights.
If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
c/o Legal Department
Cocina Communications Corporation
2425 Olympic Boulevard
Santa Monica, CA 90404
In addition, you may send written notification by email to legal@Cocina.com
Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. 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 at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cocina to locate the material.
iv. Information reasonably sufficient to permit Cocina to contact the complaining party, such as an address, telephone number, and, if available, an email address.
v. A statement that the complaining party has 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for an Cocina Premium Service by reading and agreeing to this Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not will abide by this Agreement and these Premium Service Additional Terms, you may not register for the Cocina Premium Service.
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this Cocina Premium Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. You are responsible to maintain the confidentiality of your password, if one is established. You are responsible for any and all activities that occur under your account, and must notify us immediately of any unauthorized use of your account.
You are solely responsible for your interactions with other Site Members. Cocina may, but has no obligation, to resolve or arbitrate disputes between you and other Members.
Charges for Premium Service
Cocina will provide notice of any charges, or extra charges that result from the Cocina Premium Service, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
If you pay for an Cocina Premium Service by credit card, you authorize us to charge your credit card account by registering for the Cocina Premium Service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
This Cocina Premium Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this Cocina Premium Service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this Cocina Website by writing:
c/o Legal Department
Cocina Communications Corporation
2425 Olympic Boulevard
Santa Monica, CA 90404
In addition, you may send them by email to email@example.com
You may cancel your registration to this Cocina Premium Service at any time by contacting us using the contact information provided on this Cocina Premium Service. If you have paid a fee to register for an Cocina Premium Service, within ninety (90) days of your cancellation, we will return the unused portion of your registration fee on a 52-week pro-rated basis.
We may terminate your access to this Cocina Premium Service or any portion thereof at any time, without notice. Within ninety (90) days following such termination, we will return the unused portion of your registration fee on a 52-week pro-rated basis.
Cocina may from time to time change the terms and conditions governing this Cocina Premium Service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this Cocina Premium Service. Your use of this Cocina Premium Service constitutes your agreement to all such terms and conditions as exist when you visit.
Unless otherwise stated, any unsolicited submissions to this Cocina Premium Service are governed by the provisions of the Terms of Service Agreement.
You may email your requests for customer service through the contact information provided on the home page of this Cocina Premium Service.