Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY COZWAP. AND ITS SUBSIDIARIES (COLLECTIVELY, "COZWAP"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.COZWAP.COM (THE "SITE"), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY COZWAP (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Effective January 1, 2015: the Agreement is between you and COZWAP, Inc., if you reside in North America or South America; the Agreement is between you and COZWAP Ireland, if you reside elsewhere.

If you have any questions, please refer to the Contact Us section of the Site.

1. COZWAP is a Venue

COZWAP acts as a venue to allow users who comply with COZWAP's policies to offer, sell and buy certain goods within a fixed-price format. COZWAP is not directly involved in the transaction between buyers and sellers. As a result, COZWAP has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. COZWAP does not pre-screen users (except for services that require an application) or the content or information provided by users. COZWAP cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, COZWAP does not transfer legal ownership of items from the seller to the buyer.

COZWAP cannot guarantee the true identity, age, and nationality of a user. COZWAP encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that COZWAP is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on COZWAP. You use the COZWAP service at your own risk.

2. Membership Eligibility

Age: COZWAP's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. COZWAP may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use COZWAP's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by COZWAP's policies as stated in the Agreement and the COZWAP policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by COZWAP, each of which is incorporated herein by reference and each of which may be updated by COZWAP from time to time without notice to you.

In addition, some services offered by COZWAP may be subject to additional terms and conditions promulgated by COZWAP from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify COZWAP of any unauthorized use of your password or any breach of security. You also agree that COZWAP cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than COZWAP without COZWAP's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on COZWAP you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your COZWAP account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: COZWAP's services are not available to temporarily or indefinitely suspended COZWAP members. COZWAP reserves the right, in COZWAP's sole discretion, to cancel unconfirmed or inactive accounts. COZWAP reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a shop on COZWAP is free (excluding additional sales channels on COZWAP that may have separate fees). COZWAP receives a percentage of the sale price when the item sells (20%). When you list an item, you have an opportunity to review and accept the price that you will receive as well as the percentage COZWAP will get as well. COZWAP's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for COZWAP's services are effective after COZWAP provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, COZWAP may choose to temporarily change the Fees Policy for COZWAP's services for promotional events (for example, seller will receive 90% instead of 80%); such changes are effective when COZWAP posts the temporary promotional event on the Site. COZWAP may, at COZWAP's sole discretion, change some or all of COZWAP's services at any time. In the event COZWAP introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

4. Listing and Selling

Listing Description: All listings on COZWAP must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with COZWAP's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your COZWAP shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their COZWAP shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with COZWAP's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. COZWAP reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding COZWAP transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities: You are solely responsible for your conduct and activities on and regarding to COZWAP and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on COZWAP.

Restricted Activities: Your Content and your use of COZWAP shall not:

  1. Be false, inaccurate or misleading

  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, COZWAP's Copyright and Intellectual Property Policy)

  4. Violate this Agreement, COZWAP Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies

  6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC)as hazardous to consumers and therefore subject to a recall

  7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including COZWAP staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

  8. Interfere with a seller’s business or shop

  9. Take any action that may undermine online reviews or feedback 

  10. Be obscene or contain child pornography

  11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  12. Host images not part of a listing

  13. Modify, adapt or hack COZWAP or modify another website so as to falsely imply that it is associated with COZWAP;

  14. Appear to create liability for COZWAP or cause COZWAP to lose (in whole or in part) the services of COZWAP's ISPs or other suppliers

  15. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, COZWAP Guidelines, or other policy documents as posted on COZWAP.

Furthermore, you may not list any item on COZWAP (or consummate any transaction that was initiated using COZWAP's service) that, by paying to COZWAP the listing fee or the final value fee, could cause COZWAP to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: COZWAP does not claim ownership rights in your Content. You grant COZWAP a license solely to enable COZWAP to use any information or Content you supply COZWAP with, so that COZWAP is not violating any rights you might have in that Content. You grant COZWAP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow COZWAP to store, translate, or re-format your Content on COZWAP and display your Content on COZWAP in any way COZWAP chooses. COZWAP will only use personal information in accordance with COZWAP's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another COZWAP user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for COZWAP-related communications. COZWAP has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any COZWAP user to your email or physical mail list. For more information, see COZWAP's Privacy Policy.

Re-Posting Content: By posting Content on COZWAP, it is possible for an outside website or a third party to re-post that Content. You agree to hold COZWAP harmless for any dispute concerning this use. If you choose to display your own COZWAP-hosted image on another website, the image must provide a link back to its listing page on COZWAP.

Idea Submissions: COZWAP considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and COZWAP shall not be liable for the disclosure or use of such Material. If, at COZWAP's request, any member sends Material to improve the site (for example through the Forums or to customer support), COZWAP will also consider that Material to be non-confidential and non-proprietary and COZWAP will not be liable for use or disclosure of the Material. Any communication by you to COZWAP is subject to this Agreement. You hereby grant and agree to grant COZWAP, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

COZWAP does not control the Content provided by users that is made available on COZWAP. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using COZWAP, you agree to accept such risks and that COZWAP (and COZWAP's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on COZWAP. Please use caution, common sense, and practice safe buying and selling when using COZWAP.

Other Resources: COZWAP is not responsible for the availability of outside websites or resources linked to or referenced on the Site. COZWAP does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that COZWAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with COZWAP's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. COZWAP is not involved with user generated groups, the groups' requirements, or the Meetings.

COZWAP does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that COZWAP does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on COZWAP may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. COZWAP IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO COZWAP; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY COZWAP, AND COZWAP HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT COZWAP IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, COZWAP USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

Disputes with COZWAP: In the event a dispute arises between you and COZWAP, please contact COZWAP. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and COZWAP agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, COZWAP encourages you to contact the user or third party to resolve the dispute amicably.  

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on COZWAP, they may choose to participate in COZWAP’s case system in order to resolve the dispute. Cases are escalated for review and resolution by COZWAP. COZWAP provides its dispute resolution process for the benefit of users. COZWAP does so in COZWAP's sole discretion, and COZWAP has no obligation to resolve disputes between users or between users and outside parties. To the extent that COZWAP attempts to resolve a dispute, COZWAP will do so in good faith based solely on COZWAP's policies. COZWAP will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.  

You release COZWAP (and COZWAP's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party. 

10. COZWAP's Intellectual Property

COZWAP, and other COZWAP graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of COZWAP, Inc. in the U.S. and/or other countries. COZWAP's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference

COZWAP may contain robot exclusion headers which contain internal rules for software usage. Much of the information on COZWAP is updated on a real-time basis and is proprietary or is licensed to COZWAP by COZWAP's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access COZWAP for any purpose whatsoever, except to the extent expressly permitted by and in compliance with COZWAP's API Terms of Use or otherwise without COZWAP's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in COZWAP's sole discretion, an unreasonable or disproportionately large load on COZWAP's infrastructure

  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in COZWAP Guidelines from the Site except to the extent expressly permitted by and in compliance with COZWAP's API Terms of Use or otherwise without the prior express written permission of COZWAP and the appropriate third party, as applicable

  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

  4. Bypass COZWAP's robot exclusion headers or other measures COZWAP may use to prevent or restrict access to COZWAP

12. Breach

Without limiting any other remedies, COZWAP may, without notice, and without refunding any fees, delay or immediately remove Content, warn COZWAP's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

COZWAP suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, COZWAP Guidelines, or other policy documents and community guidelines incorporated herein; COZWAP is unable to verify or authenticate any of your personal information or Content; or COZWAP believes that a user is acting inconsistently with the letter or spirit of COZWAP's policies, has engaged in improper or fraudulent activity in connection with COZWAP or the actions may cause legal liability or financial loss to COZWAP's users or to COZWAP.

COZWAP reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on COZWAP. 

13. Privacy

Except as provided in COZWAP's Privacy Policy COZWAP will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. COZWAP stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

COZWAP, COZWAP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COZWAP'S SUPPLIERS PROVIDE COZWAP'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COZWAP, COZWAP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COZWAP'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COZWAP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL COZWAP, AND (AS APPLICABLE) COZWAP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COZWAP'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COZWAP'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COZWAP'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COZWAP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COZWAP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD COZWAP AND (AS APPLICABLE) COZWAP'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

COZWAP does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside COZWAP's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any COZWAP service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on COZWAP's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and COZWAP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. COZWAP Service

COZWAP reserves the right to modify or terminate the COZWAP service for any reason, without notice, at any time. COZWAP reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If COZWAP makes a material change COZWAP will notify you here, by email, by means of a notice on our home page, or other places COZWAP deems appropriate. What constitutes a "material change" will be determined at COZWAP's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (COZWAP's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to COZWAP; Attn: Legal Department; 55 Washington Street; Suite 512; Brooklyn, NY 11201 (in the case of COZWAP) or, in your case, to the email address you provide to COZWAP (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, COZWAP may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to COZWAP. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in COZWAP's Copyright and Intellectual Property Policy.

25. Disclosures

The services hereunder are offered by COZWAP Inc., located at 55 Washington Street; Suite 512; Brooklyn, NY 11201. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Copyright and Intellectual Property Policy

COZWAP, Inc. ("COZWAP") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). COZWAP will respond to notices of this form from jurisdictions other than the U.S. as well. The address of COZWAP's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

COZWAP may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If COZWAP removes or disables access in response to such a notice, COZWAP will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting COZWAP.

If you believe that material residing on or accessible through the COZWAP web site or service infringes a copyright or other intellectual property right, to provide COZWAP of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to legal@COZWAP.com). Please specify the type of infringement at issue and the notice must include the following information:  

  1. A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);

  2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);

  3. Identification of the material on COZWAP that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that COZWAP is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);

  4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting COZWAP on the owner's behalf, the address, telephone number and email address;

  5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, COZWAP will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, COZWAP may remove or disable access to the material infringing upon the intellectual property. If COZWAP removes or disables access to content in response to an infringement notice, COZWAP will make reasonable attempts to notify the Member that COZWAP has removed or disabled access to the material. Repeat offenders will have all material removed from the system and COZWAP will terminate such Members’ access to the service.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting COZWAP.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.  

  1. Your signature (signatures may be provided electronically by typing your name);

  2. 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 disabled;

  3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which COZWAP is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, COZWAP may send a copy of the counter-notice to the original complaining party informing that person that COZWAP may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at COZWAP’s discretion.

Seller Guidelines

COZWAP’s marketplace is built on trust. You can earn the trust of your buyers by following these guidelines on how to maintain a transparent shop, provide great customer service, and respect our community.

COZWAP will help you maintain a high level of trust with your buyers through our Seller Service Level Standards (“SLS.”) Read more about SLS here.

Maintain a Transparent Shop 

People come to COZWAP to buy unique goods directly from artists, artisans, and curators. Make sure that your items are allowed to be sold on COZWAP and that you are representing yourself, your business, and your items accurately.

  • Be sure to fill out your shop’s About page.

  • Only list items in your shop that are for sale and fall into one of our three categories (handmade, vintage, or craft supplies). 

  • Items must be accurately represented in listings and listing photos. 

  • If you have more than one shop, follow our Multiple Shops Policy. 

  • Be aware that buyers can submit reviews of items they have purchased.

  • Respect the intellectual property of others. If you feel someone has violated your copyright, you can report it to COZWAP.

  • Do not sell prohibited items. 

Provide Great Customer Service 

The following guidelines will help you meet the highest level of customer service.   

  • Honor your shipping and processing times.

  • Respond to Conversations in a timely manner. 

  • Explain your shop’s policies clearly and honor those commitments. 

  • Try to work out disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Trust and Safety team can help.

  • If you are unable to complete an order, you must notify the buyer and cancel the order.

Respect our Community 

As a member of COZWAP’s community of buyers and sellers, we ask that you follow our Community Guidelines.     

Being a seller on COZWAP gives you access to all of our seller tools: Direct Checkout, Shipping Labels,Shopping Engine Ads, Promoted Listings, Gift Cards, the Sell on COZWAP App, the Sell on COZWAP Reader, and our Seller Handbook. 

Check out our Seller Protection Program to see how COZWAP stands by you and your shop. 

Buyer Guidelines

When you buy from a shop on COZWAP, you’re directly supporting an independent business.

Because each shop on COZWAP is unique, policies, payment methods, processing times, gift cardacceptance, and shipping methods will vary. If you have a question about an item or an order, you should contact the shop directly using Conversations. 

We ask that shops meet COZWAP’s standards of customer service and honor their own policies. After you’ve purchased an item, you can leave a review. If you have a problem with an order and are unable to reach a resolution with the seller, you can use COZWAP’s case system.  

In order to have the best experience on COZWAP, be sure to read shop policies and listings carefully. Keep in mind that we do not protect transactions that are completed off of COZWAP.

 

Community Guidelines

COZWAP members can use community spaces to inspire each other, share and discuss ideas, and build independent creative businesses. Community spaces include the Forums, Teams, the COZWAP blogs, andTreasuries.  

To make sure that COZWAP continues to be a place that’s safe and respectful, we ask that you:

  • Be over 18 years old in order to participate in community spaces. 

  • Use Conversations to facilitate business. Don't use Conversations to spam or harass others.  

  • Respect other members’ privacy. Private or personally identifying information should not be shared in public areas of the site. 

  • Don’t use any of the tools or features on COZWAP to interfere with another member’s business. 

  • Be respectful. Content posted in community spaces must not promote, support or glorify hatred.Read more. 

As a member of the community, you have the opportunity to flag an item or a shop that doesn’t meetCOZWAP Guidelines. Flagging is confidential