Términos y condiciones generales
Last Updated: November 25, 2020
Welcome to cow-ork.com (the “Website”)! This website is operated by KYUTAR CORP., with headquarters located at 1680 Michigan Ave Ste 700 - Miami Beach, FL 33139 ("COW-ORK", “Company”, "we", or "us").
COW-ORK offers an online system that enables subscribing members (“Members”) to find, check-in and use the designated coworking areas available at our network of hospitality venues (each a “Venue”) in order to work at such Venues using our internet access point and other features or amenities offered at such co-working office space, as applicable (the “Service”).
In order to use most aspects of the Service, certain features of the COW-ORK Platform or register a COW-ORK Account you must be at least 18 years old or the age of legal majority in your jurisdiction (if different than 18). By creating a COW-ORK account or using the Service, you represent and warrant that you are 18 or older, otherwise you must not create a COW-ORK account or use the Service.
- Accessing the Cow-Ork Platform
We reserve the right to withdraw or amend our COW-ORK Platform, and any service or material we provide on the COW-ORK Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the COW-ORK Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the COW-ORK Platform, or the entire COW-ORK Platform, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the COW-ORK Platform.
- Your Account
You must register and maintain an active personal user account ("COW-ORK Account") to access and use our Service and certain features of the COW-ORK Platform. If you are registering a COW-ORK Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a COW-ORK Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SN Account"). You have the ability to disable the connection between your COW-ORK Account and your SN Account at any time, by deleting it from the Social Networks section of Your Account.
- Terms specific for Members; Membership
5.1. Membership. By purchasing a membership or registering for a free trial on our COW-ORK Platform you will become one of our Members. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your COW-ORK membership by logging in on your Account.
5.2. Membership Fees. Although we may offer free trials at our discretion, we charge a fee to access the Service. We will bill you in advance for your membership. Your membership will continue and automatically renew on a recurring basis corresponding to the term of your membership unless and until you cancel your membership, or your account is otherwise suspended or terminated pursuant to these Terms. We reserve the right to change the terms of your membership, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. You can find specific details regarding your membership by logging in on your Account and clicking on the "Plans and Benefits" link.
Payment Method. Unless otherwise indicated, you will be required to provide one or more Payment Method. "Payment Method" means a current, valid, method of payment accepted by COW-ORK, as may be updated from time to time and which may include payment through your account with a third party. By providing a Payment Method for your membership (i) you represent and warrant that you have the legal right to use such Payment Method, (ii) you grant us the right to provide such information to third parties for purposes of facilitating the processing of payments, and (iii) you are expressly agreeing that we are authorized to charge you a periodic membership fee on a recurring basis corresponding to the term of your membership, any other fees for additional Services you may purchase, and any applicable taxes to the Payment Method. You are solely responsible for any and all fees charged to your Payment Method. If you provide more than one Payment Method, you authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your membership fee. You remain responsible for any uncollected amounts. Each time you provide a new Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on your Account and viewing your account details. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
5.3. Pause your Membership. At our discretion we may offer you the ability to pause your membership for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
5.4. Billing. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee for the Service any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your Account page. We will automatically bill your Payment Method on the day you start your membership, and on each recurring billing date thereafter. For members whose membership starts with a free trial, billing will commence upon the expiration of the free trial. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your membership. The length of your Billing Period will depend on the type of membership that you choose when you sign-up for the Service. Membership fees are fully earned upon payment and nonrefundable. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month (for example, if you have a monthly membership and became a paying member on January 31, your Payment Method would next be billed on February 28). To see your next payment date, log in on your Account page on the Website and view your account details. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. Remember that for some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
5.5. Unpaid Amounts. We reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected or has expired). We will automatically resume billing you for your membership to the Services as soon as you update your Payment Method (for example, to remedy a change in validity or expiration date). We may suspend or cancel your access to the Services with immediate effect if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your membership. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
5.6. Cancellation. You can cancel your COW-ORK membership at any time, and you will continue to have access to the Service through the end of your current Billing Period. You must cancel your membership prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. You understand that a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day.
5.7. No refunds. To the maximum extent permitted by the applicable law, payments are nonrefundable and there are no refunds or credits for partially used periods of Service. If you cancel, modify your membership, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. Very rarely, if there are special circumstances where we determine it is appropriate, we may provide refund, discount, or other consideration to some or all of our members ("Credits") on a case-by-case basis. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. You understand that the provision of Credits in one instance does not entitle anyone to Credits in the future under similar or different circumstances.
5.8. Promotions. We, in our sole discretion, may make promotional offers with different features and different rates to any of our existing Members or to new Members. These promotional offers, unless made to you, shall have no bearing whatsoever on your membership. The specific terms of the promotion will be disclosed during your sign-up or stated in other materials describing the particular promotion. We will begin billing your Payment Method for your membership at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
5.9. Free Trials. On occasion, we may offer free trials to our Service (or to a particular feature of our Service) for certain qualifying users. If we offer you a free trial, the specific terms of your free trial (such as, for example, the duration of your free trial and any limitations in the Service, if any) will be stated in the material describing the particular free trial or during your sign-up. You can view details of your free trial by logging in on your COW-ORK Account page. We reserve the right to determine eligibility for free trials at our sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your COW-ORK Account on hold in the event that we determine that you are not eligible. We may use information such as device ID, Payment Method or an account email address used with an existing or recent COW-ORK membership to determine eligibility. Certain limitations may also exist with respect to combining free trials with any other offers. It is very important to understand that you will not receive a notice from us that your free trial has ended and/or that payment for your membership is due. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. If you wish to avoid charges to your Payment Method, you must cancel your membership prior to midnight Eastern Time on the last day of your free trial period. You may cancel your membership at any time as described in the "Cancellation " section of these Terms. If you cancel your membership during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
5.10. Use of Venues. If you use the Venues, you agree to be bound by and comply with any additional terms, conditions, and policies provided by the owner, tenant, and/or property manager of the Venues (the “Venue Owner”) relating to the use of a specific Venue, including compliance with building security procedures (collectively, the “Venue Policies”). The Company and/or the Venue Owner may record your activity in the Venue for the purpose of your and other members’ security. The Venue Policies may be provided in electronic format through the COW-ORK Platform or in hardcopy format. You acknowledge that the Venues will be shared spaces, and that the Venue’s personnel, other COW-ORK Members, and their guests will use the Venue simultaneously with your use. We will use commercially reasonable efforts to enforce these Terms with respect to COW-ORK Members, but we assume no liability for the actions of such Members, of their guests or of the Venue’s personnel. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a Venue. You understand that neither COW-ORK nor the Venue Owner is responsible for any property you may leave behind in a Venue. You further agree that: (i) you will not use the Venues for unlawful purposes; (ii) you will not use the Venues for any illegal or immoral purposes including, without limitations, gambling, prostitution, pornography, sexual activity, drug or human trafficking, drug use, alcohol abuse, violent or threatening behavior, money laundering, bigotry, hate speech, bullying, or any other purpose reasonably likely to reflect negatively on COW-ORK, its reputation, trademarks and goodwill or the Venue Owner; (iii) you will not violate any local, state, or federal law or regulation; (iv) you will not smoke or vape in the Venues, unless otherwse expressly allowed by the Venue’s own policies; (v) you will not light or allow any candles, incense sticks, or open flames in the Venues; (vi) you will not disparage, dilute, tarnish, or otherwise harm the Venues or their relationships with their customers in any way; (vii) you will not compete with the business conducted by the Venues; (viii) you will not use the Venues in a retail or whole sales, or other capacity involving frequent visits by members of the public; (ix) you will not solicit, induce, or encourage the Venues’ employees or contractors to terminate his, her, or their relationship with the Venues; (x) you will not impersonate any person or entity or falsify or otherwise misrepresent affiliation with any person or entity; (xi) you will not engage in any disruptive, circumventive, abusive or harassing behavior; (xii) you will not access, tamper with, or use any non-public areas of the Venues (including for example the bar, kitchen, basement, office, and storage areas); (xiii) you will not violate the privacy or intellectual property rights of others; (xiv) you will not make excessive noise in the Venues, or create any noise or conduct any other activity which would disturb other persons or Members in the Venues; (xv) you will not damage, injure, deface or destroy the Venues or anything in the Venues and understand that you may be held liable (and do hereby authorize COW-ORK to charge you) for the replacement or repair cost for all damage to the Venues and items therein during your use thereof; (xvii) you will follow all additional rules, policies and regulations regarding the Venues as may be communicated by the Venue Owner, or through the COW-ORK Platform, posted signs, or otherwise; (xvii) you will not use the Venues to cause nuisance, harassment, annoyance or inconvenience; (xviii) you will not use the Venues for sending or storing any unlawful material or for fraudulent purposes; (xix) you will not have mail or packages delivered to the Venues without obtaining the prior express written consent by an officer of COW-ORK; (xx) you will not impair the proper operation of the Venues and will not try to harm the Venues in any way whatsoever; (xxi) you will not install, remove, or modify any fixtures, equipment, machinery, or appliances in the Venues; (xxii) you will not host events, conferences, or parties at the Venue; (xxii) you are responsible for leaving the Venues in a clean and tidy condition, and for removing any garbage or debris that has resulted from your use of the Venue.
5.12. Damages. You are responsible for leaving the Venue (including any personal or other property located at the Venue) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to work with you at the Venue. You may be held liable for the repair cost for all damage to the Venue and items therein during your use thereof. You may be held liable for any items, which you remove from the Venue without authorization. If a Venue claims and provides evidence that you have damaged its premises or any personal or other property at a Venue ("Damage Claim"), the Venue can seek payment from you. We also reserve the right to otherwise collect payment from you and pursue any remedies available to us in this regard in situations in which you are responsible for a Damage Claim.
SMS Messaging. If you have provided your consent, the Company may send you SMS messages in relation to your use of Venues and for promotional purposes. Message and data rates may apply. The Company reserves the right to stop sending SMS messages at any time. You may at all times opt-out by replying from your mobile phone to any SMS from the Company with the word “STOP”, which opt-out will become effective within seven (7) days. Opting out of SMS messaging may prevent you from receiving information necessary to use the Venues.
Publicity. You grant us permission to use your name, image, photos, quotes, Member Reviews, trademark and/or logo to identify you as a user of the COW-ORK's services, on a public- facing display on our www.cow-ork.com website, or on any other medium used for COW-ORK's business and marketing communications. You acknowledge that we may, from time to time, use your name, image, photos, quotes, Member Reviews, trademark and/or logo incidentally and/or in passing in connection with promotion of our and our partners’ businesses, products and services. In the event that any such use is objectionable to you, you must notify us of your objections in writing and, provided that we work promptly and in good faith to remove or minimize - to the extent reasonably possible under the circumstances - the effect of the objected-to conduct, you hereby waive any claims or damages against us relating to such use.
When you upload, post, submit, send, or receive any Member Reviews to or through the COW-ORK Platform, you grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the right to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that Member Review works better with the COW-ORK Platform), publicly perform, publicly display, distribute, and otherwise disclose to third parties your Member Reviews. This license is for the purpose of operating and improving the COW-ORK Platform, to develop new products and services, and for other marketing purposes of our Company, including without limitation in catalogs, email and other customer communications, store materials and other marketing, and for any other lawful purpose. We may display advertisements in connection with your Member Reviews or on pages where your Member Reviews may be viewed by you or others, and we may use your Member Reviews to advertise and promote our Company or the COW-ORK Platform.
Our license to your Member Reviews is non-exclusive, meaning you may use the Member Reviews for your own purposes or let others use your Member Reviews for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Member Reviews. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the COW-ORK Platform.
You represent and warrant that:
- You own or control all rights in and to the Member Reviews or, alternatively, that you have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
- Your Member Reviews does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
You understand and acknowledge that you are responsible for any Member Reviews you submit or contribute, and you, not COW-ORK, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Member Reviews posted by you or any other user of the COW-ORK Platform.
Member Reviews reflect the opinions of individual Members and do not reflect the opinion of COW-ORK.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any Member Reviews for any or no reason in our sole discretion, with or without notice.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Cow-Ork Platform.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Cow-Ork Platform. YOU WAIVE AND HOLD HARMLESS COW-ORK AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Cow-Ork Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all Member Reviews and use of Interactive Services. Member Reviews must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Member Reviews must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Promote a business or other commercial venture or event other than the business that is the subject of the review.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Intellectual Property
The Cow-Ork Platform and its entire contents, features, and functionality, including, but not limited to, photographs, images, video, audio, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Cow-Ork Platform (collectively, the "Materials"), are owned by Cow-Ork, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
. You may store files that are automatically cached by your Web browser for display enhancement purposes.
. You may print or download one copy of a reasonable number of pages of the Cow-Ork Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
. Modify copies of any materials from this site.
. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Cow-Ork Platform or any services or materials available through the Cow-Ork Platform.
Our Company name, the term “COW-ORK”, Cow-Ork logo, and all related, registered or unregistered, names, logos, product and service names, designs, and slogans are trademarks of Cow-Ork or its affiliates or licensors. You must not use such marks without the prior written permission of Cow-Ork. All other names, logos, product and service names, designs, and slogans on our Cow-Ork Platform are the trademarks of their respective owners.
You may not use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.
Use of the Cow-Ork Platform
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Cow-Ork Platform and the Materials and other information contained on the Cow-Ork Platform. This license does not include any resale or commercial use of the Cow-Ork Platform; any collection and commercial use of any photographs or other Materials published on the Cow-Ork Platform; any non-personal use of our Service, listings, descriptions, or prices; any derivative use of the Cow-Ork Platform; any downloading, copying, or other use of the Cow-Ork Platform or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Cow-Ork Platform only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.
You are responsible for your use of the Cow-Ork Platform, and for any use of the Cow-Ork Platform made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to us.
You agree not to use the Cow-Ork Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Cow-Ork, a Cow-Ork employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights.
- To post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
- To engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Cow-Ork Platform or mobile applications.
- To use any means to scrape or crawl any pages contained in the Cow-Ork Platform.
- To attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Cow-Ork Platform.
- To attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Cow-Ork Platform.
- To build a competitive product or service, build a product using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics of the Cow-Ork Platform.
- To advocate, encourage, or assist any third party in doing any of the foregoing.
Additionally you agree not to:
- Use the Cow-Ork Platform in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Cow-Ork Platform, including their ability to engage in real time activities through the Cow-Ork Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Cow-Ork Platform for any purpose, including monitoring or copying any of the material on the Cow-Ork Platform.
- Use any device, software, or routine that interferes with the proper working of the Cow-Ork Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Cow-Ork Platform, the server on which the Cow-Ork Platform is stored, or any server, computer, or database connected to the Cow-Ork Platform.
- Otherwise attempt to interfere with the proper working of the Cow-Ork Platform.
- Open Source
The Cow-Ork Platform may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.
- Linking to the Cow-Ork Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Cow-Ork Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Cow-Ork Platform.
- Send emails or other communications with certain content, or links to certain content, on our Cow-Ork Platform.
- Cause limited portions of content on our Cow-Ork Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Cow-Ork Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Cow-Ork Platform other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links to other websites
If the Cow-Ork Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Cow-Ork Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions
The owner of the Cow-Ork Platform is based in the State of Florida in the United States. We provide our Cow-Ork Platform for use only by persons located in the United States. We make no claims that the Cow-Ork Platform or any of its content is accessible or appropriate outside of the United States. Access to the Cow-Ork Platform may not be legal by certain persons or in certain countries. If you access the Cow-Ork Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Cow-Ork Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, COW-ORK AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE COW-ORK PLATFORM, OUR SHARED WI-FI NETWORK AVAILABLE AT THE VENUES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COW-ORK PLATFORM, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE COW-ORK PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COW-ORK PLATFORM IS AT YOUR OWN RISK.
THE COW-ORK PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COW-ORK PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COW-ORK NOR ANY PERSON ASSOCIATED WITH COW-ORK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE COW-ORK PLATFORM.
WITHOUT LIMITING THE FOREGOING, NEITHER COW-ORK NOR ANYONE ASSOCIATED WITH COW-ORK REPRESENTS OR WARRANTS (i) THAT THE COW-ORK PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COW-ORK PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) THAT DEFECTS WILL BE CORRECTED, (iii) THAT OUR COW-ORK PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) THAT WI-FI AND/OR ELECTRICITY WILL BE CONTINUOUSLY ACCESSIBLE IN THE VENUES, (IV) THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (III) THAT THE WEBSITE OR VENUES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (IV) THAT THE VENUES WILL BE SUITABLE FOR ANY PARTICULAR ACTIVITY; (VI) THAT THE VENUES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VENUES WILL BE OF GOOD QUALITY, OR (IV) THAT THE COW-ORK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COW-ORK PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COW-ORK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COW-ORK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE COW-ORK PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE COW-ORK PLATFORM; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE COW-ORK PLATFORM; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE COW-ORK PLATFORM OR OUR SHARED WI-FI NETWORK BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE COW-ORK PLATFORM.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COW-ORK AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID TO COW-ORK IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Reliance on Information Posted
The information presented on or through the Cow-Ork Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Cow-Ork Platform, or by anyone who may be informed of any of its contents.
This Cow-Ork Platform may include content provided by third parties, including materials provided by the Venues, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cow-Ork, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cow-Ork. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Inaccuracy Disclaimer
From time to time there may be information on our Cow-Ork Platform or in our listings that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, amenities, features, and photographs. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Content relating to the Venues, including but not limited to narrative descriptions, capacity, noise, light, technology, and photos, are provided by the Venue Owners. Cow-Ork is not responsible if the Venue Owners have misrepresented or omitted any aspect of the Venues. Member Reviews of the Venues are provided solely by Cow-Ork’s registered members, and Cow-Ork is not responsible if such members have misrepresented any aspect of the Venues.
- Changes to the Cow-Ork Platform
We may update the content on our Cow-Ork Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Cow-Ork Platform may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the Cow-Ork Platform
- Arbitration Agreement
IMPORTANT, PLEASE READ CAREFULLY: THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
YOU AND COW-ORK HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM (as defined above).
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You and Cow-Ork agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cow-Ork may elect to pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.
This arbitration agreement does not preclude you or Cow-Ork from seeking action by federal, state, or local government agencies. You and Cow-Ork also have the right to bring qualifying claims in small claims court.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COW-ORK WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator can decide only your and/or Cow-Ork's individual Claims. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
The award and decision of the arbitrator will be conclusive and binding upon all parties and judgment upon the award may be entered in any court of competent jurisdiction. Each party waives any right to contest the validity or enforceability of such award.
Prior to initiating an arbitration, you agree to notify us of the dispute and attempt to negotiate an informal resolution to it first. If after a good faith effort to negotiate one of the parties feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration.
- Governing Law and Jurisdiction
- Attorneys' Fees.
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either you or Cow-Ork, then the prevailing party shall be entitled to recover its reasonable attorneys' fees and court - or arbitration - costs from the non-prevailing party.
- Limitation on Time to File Claims
- Copyright Infringement
If you believe that any Member Reviews violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Cow-Ork to terminate the user accounts of repeat infringers.
The headings of the paragraphs of these Terms are for convenience of reference only and shall not define or limit any of the terms or provisions hereof.
- Entire Agreement
- Force Majeure
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
We strive to make our Cow-Ork Platform content accessible and user-friendly. If you are having difficulty viewing the content on our Cow-Ork Platform or navigating the site, please email our team at [email protected], and we will be happy to assist you.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you believe any materials accessible on or from this site (the "Cow-Ork Platform") infringe your copyright, you may request removal of those materials (or access to them) from the Cow-Ork Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Cow-Ork Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our Designated Agent for notice of claims of copyright infringement can be reached at:
Gian Luca Olivieri
1680 Michigan Avenue Suite 700
Miami Beach, FL 33139
+1 (305) 915 7145
For the avoidance of doubt, only copyright infringement notices should go to our Designated Agent. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Cow-Ork Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Cow-Ork Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Cow-Ork Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Cow-Ork Platform with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Cow-Ork Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Copyright 2020 KYUTAR CORP. All Rights Reserved.
COW-ORK is a trademark of KYUTAR CORP.
All of the Content on our Cow-Ork Platform is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by KYUTAR CORP. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited.
You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.
KYUTAR CORP. reserves complete title and full intellectual property rights in any content you download from our Cow-Ork Platform. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.