CoIN Terms of Use and Privacy Policy
Welcome to Competing Values' Collaborative Innovation Network
("CoIN"), a platform that enables individuals and
businesses to explore potential business opportunities, and/or the sharing of
information, knowledge and assets for their mutual benefit. The CoIN website, currently located at www.coin.competingvalues.com
(the "Site") is owned and operated by Competing Values, LLC, a Michigan limited
liability company and Haworth ("us", "we", or "CoIN"). In these Terms of Use and Privacy Policy (the
"Agreement"), users of the Site are referred to as "Users" or "you."
1. Acceptance of Terms of Use
By using the Site or making use of the services offered by the
Site (the "Services"), you agree to be bound by this Agreement and the specific
terms and conditions stated in connection with various features at the Site,
all of which are incorporated herein by reference and made a part of this
Agreement, whether or not you register as a member of the Site. If you
object to anything in this Agreement or do not agree to be bound by this
Agreement, do not use the Site or the Services.
This Agreement is subject to change by CoIN
in its sole discretion at any time, with or without notice. Your continued use of the Site or the
Services after the posting of revisions to this Agreement will constitute your
acceptance of such revisions.
2. Eligibility
a. Minimum Age. You must be at least eighteen (18) years of
age to use the Site or Services. By
using the Site or Services, you represent and warrant that you are at least
eighteen (18) years of age and that you have the right, authority, and capacity
to enter into this Agreement and to abide by all of the terms and conditions of
this Agreement.
3. Use of the Site or Services
As a user of the Site or Services, you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not
authorize others to use your account, and you may not assign or otherwise
transfer your account to any other individual or entity.
b. Account Security. It is your sole responsibility to
keep your account information and password secure. You acknowledge that CoIN
is not liable for third-party access to your account that results from theft or
misappropriation of your user name and password.
c. No False Information. You agree not to provide inaccurate,
misleading, or false information to CoIN or to any
other User. If information provided to CoIN or another user subsequently becomes inaccurate,
misleading, or false, you will promptly update the information.
d. Information or Content Posted.
You are solely responsible, and assume all liability for the information
or content you post, transmit, publish, link to, or otherwise make available on
the Site or through the Services. You understand and agree that CoIN may, but is not obligated to, review and delete
(without notice) any information or content that CoIN
in its sole discretion determines violates this Agreement, violates the rights
of another person or entity, or which might be offensive, illegal, or threaten
the safety of others.
e. Prohibited Content. The following are examples of the kind of information
or content that is illegal or prohibited to post, transmit, publish, or
otherwise make available on the Site or through the Services. CoIN reserves the right to investigate and take appropriate
legal action against anyone who, in CoIN's sole
discretion, violates this provision, including without limitation, removing the
offending information or content from the Site and terminating the account of
the offending User. Prohibited
information or content includes, but is not limited to, information or content
that, in the sole discretion of CoIN:
-
promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual;
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disseminates another person's personal information without his or
her permission, or collects or solicits another person's personal information
for commercial or unlawful purposes;
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impersonates, or otherwise misrepresents affiliation, association,
or connection with, any person or entity;
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contains video, audio photographs, or images of another person
without his or her permission;
-
contains others' copyrighted material without obtaining permission
first;
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violates
the privacy rights, publicity rights, copyrights, trademark rights, contract
rights, or any other rights of any person; or
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is in any way used for or in connection with "spamming," "phishing,"
"trolling," or similar activities.
f. No Advertising or Commercial Solicitation. You agree and
acknowledge that you will not advertise or solicit any User to buy or sell any
products or services through the Site or Services. You also agree and acknowledge that you will
not transmit any chain letters, junk, or spam e-mail to other Users. Further, you will not use any information or
content obtained from the Site or Services in order to contact, advertise to,
solicit, or sell to any User without their prior explicit consent.
g. Assumption of Risk. You assume all
risks when using the Site or Services, including but not limited to all of the
risks associated with any online or offline interactions with other Users.
h. Reporting of Violations. You agree to
promptly report to CoIN any violation of this
Agreement by others.
4. Termination by COIN
CoIN may terminate your account at
any time for any reason whatsoever. All decisions regarding the termination of
accounts will be made in the sole discretion of CoIN.
CoIN is not required to provide you notice prior to
terminating your account. CoIN is not required to
disclose a reason for the termination of your account. Even after your account is terminated, this
Agreement still remains in effect. All
terms that by their nature may survive termination of this Agreement will be
deemed to survive such termination.
5. Proprietary Rights; Activity at the
Site
a. Ownership of Proprietary Information. Except
for User content, which is owned by the User, CoIN owns and retains all proprietary rights in the Site. The Site contains the copyrighted material,
trademarks, and other proprietary information of CoIN,
and its licensors. Except for that information which is in the public domain or
for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
b. License to Posted Information or Content. By posting information or content to any public area of the
Site, you automatically grant, and you represent and warrant that you have the
right to grant, to CoIN and its Users, affiliates,
licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid-up,
worldwide license to use, reproduce, publicly perform, publicly display, and
distribute such information or content, and to prepare derivative works of, or
incorporate into other works, such information or content, and to grant and
authorize sub-licenses of the foregoing. You may terminate the license you have
granted to CoIN by removing or deleting your
content. Copies of your content may
remain on CoIN servers until such time as the content
is overwritten or otherwise deleted.
6. User
Information / Privacy Policy
a. Privacy Policy. CoIN
has the right to use all data collected relating to use of the Site, subject to
this Privacy Policy.
b. Information we collect that is not
personally-identifiable: We collect information
that is not personally identifiable (meaning, anonymous information) regarding
use of the Site, such as login information, computer-related information
(browser type you used, your Internet Protocol address, last URL visited, and
the date and time of day of your login).
We send a "cookie" or "pixel tag" to your computer which contains an
identification number that is unique to the computer you are using. You may decline to provide such information
to us and/or refuse cookies in your browser, although some of our features or
services may not function properly as a result, and some services may not be
available.
We use
this anonymous information to enhance the visitor experience at the Site, to
understand how our Site is used, to communicate with our visitors about
information and services relating to the Site, to investigate and verify proper
conduct at the Site, and to monitor the security and integrity of the
Site. Internally, we use data in the
aggregate to analyze our business.
c. What we collect about you that is
personally identifiable ("PI") and how we use it:
We collect information that you provide us (including your name, email
address, and password) when you register at www.coin.competingvalues.com and
accept this Agreement. All passwords are
stored on our server in encrypted form.
If you lose your password, we will generate a new one and send it to
you. This Agreement contains the terms
of the business relationship between you and us, and contains additional terms
relating to PI that apply specifically to individuals who upload content to our
web site.
We use
PI to email you or to otherwise contact you electronically about activities
relating to the Site and our business, including advertising and
promotion. You can opt out of receiving
future emails and electronic communications.
We use
PI to connect Users to enable them to explore business opportunities.
We may
disclose PI as required by law and/or in response to service of legal process,
such as a court order, summons, subpoena, and the like.
We use
PI to investigate and verify proper conduct at the Site, and to monitor the
security and integrity of the Site.
We may
share PI with trusted partners who have signed agreements with CoIN and agree to treat PI with at least the degree of care
set forth in this Privacy Policy.
We do
not sell your PI to third parties.
d. How you can access or change the PI that we have
collected: Once you have registered with us by accepting
this Agreement you can access your account, review the information that is
stored, and revise or delete that information.
You will need to email us a written request to delete your entire account.
e. Links to other
websites: We may provide links to third party
websites. We are not responsible for the
content or information collection practices of those sites, including their
privacy policies. Please review the
privacy policies of such sites.
f. Changes
to this policy: If we make any
significant changes to this policy, we will notify you by email, or post a
notice of such changes on the Site, or flag our privacy Policy on the Site as
updated.
g. Contact.
Please
contact us with any questions and/or comments you may have.
7. Copyright Policy
a. Prohibition. You may not post, distribute, or reproduce in
any way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights.
b. Digital Millennium
Copyright Act Notice. Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of
claimed copyright infringement must be submitted to the following CoIN Designated Agent:
Copyright Agent
Competing Values, LLC
Address Telephone Email
To
be effective, the notification must be a written communication that includes
the following:
-
A physical or electronic
signature of person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
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Identification of the
copyrighted work claimed to have been infringed, or multiple copyrighted works
at a single online site are covered by a single notification, a representative
list of such works at that site.
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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 the service provider to locate the material.
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Information reasonably
sufficient to permit the service provider to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted.
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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; and
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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.
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Any other requirements under
U.S. law.
CoIN
may give notice to CoIN's Users by means of a general
notice on this Site, electronic mail to a user's e-mail address on CoIN's records, or by written communication sent by
first-class mail to a User's address on CoIN's
records.
8. Indemnification
You agree
to indemnify, defend and hold harmless CoIN, its
officers, directors, employees, agents, and third parties, for any losses,
costs, liabilities, and expenses (including reasonable attorneys' fees)
relating to or arising out of (1) your use of or inability to use the Site or
Services, (2) any user postings made by you, (3) your violation of any terms of
this Agreement , (4) your violation of any rights of a third party, or (5) your
violation of any applicable laws, rules or regulations. CoIN reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with CoIN in asserting any available
defenses.
9. Disclaimer
10. Limitation of Liability
and Actions
a. Incidental Damages. REGARDLESS OF THE
b. No
Liability for non-CoIN Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL COIN BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR
RELATING TO THE CONDUCT OF YOU OR ANYONE
11. General Provisions
a. Michigan Law, Jurisdiction, and Forum
for Dispute Resolution. In order to ensure consistency in the
interpretation and enforcement of this Agreement and CoIN's
rights in the Site, this Agreement will be governed exclusively by Michigan law
and controlling United States federal law, without regard to the choice or
conflicts of law provisions of any jurisdiction. You expressly agree that any litigation
arising between you and CoIN related, in any way, to
the Site or this Agreement, or any and all disputes, actions, claims, or causes
of action related thereto, will be initiated and maintained only in the U.S.
District Court for the Eastern District of Michigan, Southern Division, or the
Circuit Court of the County of Washtenaw, Michigan. You expressly consent and
irrevocably submit to the exclusive personal jurisdiction and venue of such
courts.
b. Entire
Agreement. This Agreement, and any
other legal notices published by CoIN on the Site,
will constitute the entire agreement between you and CoIN
concerning the CoIN Site.
c. Severability. If any provision of this Agreement is
held by a court of competent jurisdiction to be invalid or unenforceable, then
such provision will be modified to the extent necessary to be valid and
enforceable, and all other provisions of this Agreement will remain in full
force and effect.
d. Waiver.
The failure of CoIN to
enforce any right or provision in this Agreement will not constitute a waiver
of such right or provision unless acknowledged and agreed to by CoIN in writing. No
waiver will be implied from a failure of either party to exercise a right or
remedy. In addition, no waiver of a
party's right or remedy will affect the other provisions of this Agreement.