In this Policy, user of the Copdate mobile applications and/or a visitor to the Copdate website may be referred to as “you” and/or “user”. When a user has created an account and is logged in, they may be referred to as a “Logged-in User”.
In this Policy, the terms “Website”, “Mobile Application” (“App”) are used interchangeably and in both cases, each term refers jointly and severally to the Copdate mobile applications (iOS, Android; including any future versions or updates) and Copdate website (www.Copdate.com, including present and future subdomains).
SCOPE & GENERAL DESCRIPTION OF SERVICES
Copdate works with retailers allowing them to send their subscribers time-sensitive announcements about upcoming product launches via push notifications and/or postings inside the App. Once users receive the notification, they will have the option to attempt a reservation (i.e. to ‘Cop’) or to dismiss the notification (i.e. to ‘Drop’).
The ability to make reservations for any individual product is time-sensitive and, without limiting the generality of the foregoing, is subject to the retailers’ stock availability at the time of the attempted reservation. Depending on the type of event, reservations are allocated either on a ‘first-come-first-serve’ basis based on stock availability, or by random selection from eligible entries. Copdate does not guarantee the availability of any product at the time a reservation is attempted.
Copdate does not handle the purchase transactions for the products reserved using our services. All products reserved using Copdate must be purchased from the specified retailer on the day of release and are subject to the terms and conditions set by the individual retailers for each product released.
Users with successful Reservations (“Cops”) will receive a Reservation and/or Confirmation Number. Bring this Reservation Number to the participating retailer on release day to pick up and purchase your product.
Please consult and carefully read the terms and conditions, rules, and release details set the by the retailer in the reservation confirmation you receive with your successful reservation notification in the App. Copdate is not responsible for the fulfillment by the participating retailer.
Location services and notifications for Copdate should be enabled (turned on) in your phone settings to optimize the performance of the App.
Indemnification & LIMITATION OF LIABILITY TO APPLE INC.
The promotions, products, and services offered as part of this Application are operated independently of Apple Inc. and are in no way associated with, endorsed by, or affiliated with Apple Inc.
RESERVATIONS, PROCESSING FEES & PURCHASES
Users may be required to accept specific terms and conditions pertaining to a release, and/or to validate certain information prior to receiving their reservation.
Without limiting the generality of the foregoing, the user may be required to agree to and/or to validate the following, prior to receiving a reservation in the app: terms & conditions, event rules, product description, purchase price, pickup/purchase instructions, authenticating / providing payment information, payment of a processing/reservation fee, and/or other information as may be required from time to time.
In some cases, the user may be charged a Processing Fee (“Fee”) to confirm and/or otherwise validate a pending reservation. The Fee is charged as a final validation step only to users that have agreed to proceed with the confirmation of their reservation. When applicable, the Fee must be paid prior to receiving your reservation containing pickup details and purchase instructions for release day.
The Fee will be charged only if your reservation is successful. If your attempted reservation is unavailable, unsuccessful, or if you decide to “DROP”, the Fee will not be charged.
Confirmed reservations are binding. Users that confirm their reservation and, when applicable, pay the Fee, are, in doing so, accepting the terms and conditions of the release, agreeing to purchase the specified product from the retailer on release day, and without limiting the generality of the foregoing, agree to abide by the event rules established by the retailer and/or Copdate.
USERS do not purchase the reserved product from copdate, and are not charged for the products in the app.
All products reserved using Copdate are purchased directly from the retailer and must be paid for in-store on release day.
Copdate is strictly a reservation service and is not responsible for the fulfillment by the participating retailer. Any complaints regarding discrepancies or irregularities with the purchase must be addressed to the participating retailer.
RESTRICTIONS ON USE OF MATERIALS
You will be required to create an account and specify a password to use certain features on our Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing support@Copdate.com . Copdate shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless Copdate for losses incurred by Copdate or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONTENT POSTED OR SUBMITTED BY YOU
By submitting or posting Content to the Services, you grant Copdate the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Services, Copdate does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Copdate owns all right, title, and interest in any compilation, collective work, or other derivative work created by Copdate using or incorporating Content posted to the Services.
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
CONTENT POSTED BY OTHER USERS
Copdate is not responsible for, and does not endorse, Content in any posting made by other users on the Services. Under no circumstances shall Copdate be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Services. If you become aware of misuse of the Services by any person, please contact Copdate. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
USE OF SERVICES
Impersonation of others, including a Copdate employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Services or use the Services to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Copdate, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or App, or accessed through this Site or App. You may not engage in the mass downloading of files from the Services; use the computer processing power of the Services for purposes other than those permitted above; or flood the Services with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to the Services without the prior written consent of Copdate.
ACTIVITIES PROHIBITED ON THE SERVICES
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Services. Copdate reserves the right to investigate and take appropriate legal action against anyone who, in Copdate's sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to, the following:
- Using the Services for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Copdate in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by Copdate in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be "spam," as determined by Copdate in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the sole discretion of Copdate, exposes Copdate or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
- Copdate reserves the right, but is not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Services; and
- ·Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards.
If you believe any Content on the Services infringes your copyright, you may request removal of such Content (or access thereto) from this Site or App by contacting Copdate as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy, screenshot, or the location (e.g., URL or page within the App) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- Send Copdate this information by email.
- In an effort to protect the rights of copyright owners, Copdate maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
All content included on the Services, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Copdate or its suppliers and is protected by copyright laws and international treaties. The content and software on the Services may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Services is strictly prohibited.
SUBMISSIONS TO COPDATE
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Copdate through the Services becomes the exclusive property of Copdate and Copdate is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Copdate and accepts responsibility for its accuracy, appropriateness and legality.
The Services and the materials, and products on the Services are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Copdate disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Copdate does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. Copdate does not warrant or make any representations regarding the use or the results of the use of the materials in the Services in terms of their correctness, accuracy, reliability or otherwise. You (and not Copdate) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Copdate be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use the Services, even if Copdate or authorized representatives of Copdate have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Copdate's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing the Services.
As a condition of use of the Services, you agree to indemnify, defend, and hold harmless Copdate, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Services, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
All orders and/or reservation placed through the Services are subject to Copdate's acceptance. Copdate may refuse to accept or may cancel any order and/or reservation, whether or not the order and/or reservation has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment method has already been charged for an order and/or reservation that is later cancelled, Copdate shall issue you a refund if applicable.
In the event that a product sold is mistakenly listed at an incorrect price, Copdate reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Copdate shall issue a credit to your payment method account.
These terms shall be governed by and construed in accordance with the laws of the province of Quebec, without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Copdate's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
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