Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES & OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS & EXCLUSIONS, & A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED

SUMMARY (see further down the page for the FULL version of the Terms & Condition and Privacy policies)

Download Policy

T-BEE COSY offers immediate downloadable .pdf format versions of all Patterns on offer, which is automatically available to you, once payment is confirmation has been done via PayPal. If larger .pdf files are required they will be supplied in .ZIP file format, in which the .pdf files will be embedded for you to access. You will need to unzip the file first in order to access the .pdf file/s. If you cannot open your .zip file we suggest to download WINzip. A free version is available at http://www.winzip.com/win/en/downwz.html. If you cannot open your .pdf file/s, Adobe Reader is required. If you do not have Adobe Reader (Free version is available) installed on your computer or device, you can download it here: http://get.adobe.com/reader/. Please note: Using other programs such as Preview or PDF Complete will cause printing errors & more. Due to the nature of downloadable products, we cannot & will not refund the cost of any pattern or item. If the Pattern is a T-BEE COSY brand pattern, we can generally mail the pattern to you, only if you are having trouble downloading. Contact us thru the contact form so that one of our Team Member can inform you the extra cost for shipping & handling charges, of which will have to be charged separately

Copyright Policy

Any person in violation of our copyright will be prosecuted to the fullest extent of the law. This site is owned & operated by T-BEE COSY , also known as Yarn Passion, owned by Marcelline Simonotti-Bircher. All the content on this site, including but not limited to photographs, pattern designs, logos & text is owned by T-BEE COSY (Marcelline Simonotti-Bircher). All materials contained on this site are protected by International copyright laws & may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of T-BEE COSY . You may not alter or remove any trademark, copyright or other notice from copies of the content. A copy of downloaded patterns may be printed by the purchaser, for personal use only & are not to be distributed. Items made from T-BEE COSY may be sold at Craft Markets & not on the internet. However a notice must be attached to each item giving credit to both T-BEE COSY & the pattern Designer

Shipping Policy

If you have purchased and actual commodity other than a Pattern, orders are generally shipped within 1-3 business days of the order being submitted to us and payment has been confirmed, using PayPal. We ship orders on Tuesday’s & Thursday’s each week, with the exception of any major holidays in South Africa. Our shipping & handling charges include the costs for Tracking number & insurance. Shipping & handling is non-refundable. We accept payment through PayPal. If you wish to make payment other than thru PayPal, please contact, via email sales@tbeecosy.com and one of T-BEE COSY Team Member will contact you to try to assist you. We will use your registered email information

Return Policy

Our policy lasts for 7-days from time of receipt, of which during this period a legitimate reasons why e.g. wrong product is sent. If 7 days have passed since your purchase was made, unfortunately we cannot offer you a refund. To be eligible for a return, your item must be unused & in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase be attached with your return. Please do not send your purchase back to us prior a Team Member has approved the return. Clearance/Bargain items and Patterns cannot be refunded

FULL VERSION – Terms & Condition & Privacy Policies

Marcelline Simonotti-Bircher, trading as T-BEE COSY & YARN PASSIONis registered as the sole owner & copyright holder and its successors of www.tbeecosy.com , www.tbeecosy.co.za and www.yarnpassion.com, are provided for use on-line & mobile devices (the “Applications” and, together with the Websites, the “Portal”). By using and/or visiting the Websites, including any Content, Instructor Submissions & User Submissions (each as defined below) available through the Websites, and/or by installing one or more Applications, you assent to these terms & conditions (the “Terms of Use”) which Terms of Use include & incorporate by reference the terms & conditions of our Private Policy, (the “Privacy Policy”) & the T-BEE COSY Challenges Contest Rules (the “Contest Rules”), which are published on the Portal. If you do not agree to any of these terms, then please do not use the Portal.

The Portal

The Portal is intended to serve as an online learning environment through which registered users (“Users”) may subscribe to access courses of video lectures (“Courses”) & associated study materials & background materials presented by T-BEE COSY instructors (“Instructors”). Subscribing Users will also interact with Instructors & T-BEE COSY teaching assistants (“Teaching Assistants”) through the Portal. The Portal will also serve as an online social network through which Users may communicate & interact with other Users, share their own User Submissions & view the User Submissions of other Users. T-BEE COSY offers for sale through the Portal certain products pertinent to the Courses (the terms applying to such pages are described in Section 3 (T-BEE COSY Product & Yarn Store, below). Users may also use pages provided on the Portal as a venue to offer & sell certain items to other Users (the terms applying to such pages, including the T-BEE COSY & Independent Designer Patterns page & any similar marketplace pages created by T-BEE COSY site in the future, are described in Section 3 (Sales of Products by T-BEE COSY below). Users may also participate in Challenges (as defined below).

Accessing Your Purchased Content

T-BEE COSYoffers immediate downloadable .pdf format versions of all Patterns on offer, which is automatically available to you, once payment is confirmation has been done via PayPal. If larger .pdf files are required they will be supplied in .ZIP file format, in which the .pdf files will be embedded for you to access. You will need to unzip the file first in order to access the .pdf file/s. If you cannot open your .zip file we suggest to download WINzip, free version is available at http://www.winzip.com/win/en/downwz.html. If you cannot open your .pdf file/s, Adobe Reader is required. If you do not have Adobe Reader (Free version is available) installed on your computer or device, you can download it here: http://get.adobe.com/reader/. Please note: Using other programs such as Preview or PDF Complete will cause printing errors & more. Due to the nature of downloadable products, we cannot & will not refund the cost of any pattern or item.
If the Pattern is a T-BEE COSY brand pattern, we can generally mail the pattern to you, only if you are having trouble downloading. Contact us thru the contact form so that one of our Team Member can inform you the extra cost for shipping & handling charges, of which will have to be charged separately

Access to the Portal

    1. a) T-BEE COSY hereby grants you permission to use the Websites and/or Applications as set forth in these Terms of Use, provided that: (i) you have paid fees, if required, to enroll in any Course or to use an Application (including, without limitation, “in-app payments” made through the Apple Store in respect of certain Applications), (ii) you have set up a valid account & Profile (as defined below), (iii) your use of the Websites and/or the Applications, as permitted, is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without T-BEE COSY prior written authorization; (v) you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites & the Applications for their intended purpose; (vi) you will not reverse engineer, disassemble or an Application; (vii) you are at least 18 years of age; & (viii) you will otherwise comply with Terms of Use.
    2. b) In order to access the Websites, you will have to create an account. You may never use another’s account without his or her express permission & you may not provide another person with the username & password to access your account. When creating your account, you must provide accurate & complete information. You are solely responsible for the activity that occurs on your account, & you must keep your account password secure. You must notify T-BEE COSY immediately of any breach of security or unauthorized use of your account. Although T-BEE COSY will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of T-BEE COSY or others due to such unauthorized use.
    3. c) You may use the Portal to participate in skill based challenges organized by for a chance to win prizes (“Challenges”). Any Challenge in which you participate will be governed by the Contest Rules as well as any specific criteria or parameters described on the Portal in relation to the specific Challenge.
    4. d) You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Portal in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, T-BEE COSY grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. T-BEE COSY reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, including account names, from the Portal, nor to use the communication systems provided by the Portal for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Portal.
    5. e) The Portal may contain links to third-party websites that are not owned or controlled by T-BEE COSY . T-BEE COSY has no control over, & assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, T-BEE COSY will not & cannot censor or edit the content of any third-party site which is linked to the Portal. By using the Portal, you expressly relieve T-BEE COSY from any & all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Portal & to read the terms & conditions & privacy policy of each other website that you visit.

Applications

    1. a) An Application will allow you to access certain materials & functionality available on the Websites through your mobile device.
    2. b) T-BEE COSY reserves the right to amend or withdraw any Application at any time & for any reason.
    3. c) You acknowledge that the terms of agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
    4. d) T-BEE COSY does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. T-BEE COSY will not be responsible for any support or maintenance for Applications.
    5. e) In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, & certain minimum specifications which are specified in the Application itself.

Sales of Products by T-Bee Cosy

    1. a) The Portal allows Users who comply with the Terms of Use to buy certain goods from T-BEE COSY, either in conjunction with the purchase of a Course, or separately through the T-BEE COSY Store section of the Portal. To order a product from T-BEE COSY you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods & the procedures for payment & delivery are displayed on the Portal. Prices are subject to change without notice
    2. b) Any times or dates stated by T-BEE COSY for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
    3. c) You must pay for items purchased from T-BEE COSY by credit card or through PayPal or by other methods specified on the Portal from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs & applicable taxes.
    4. d) We are entitled to refuse any order placed by you for any reason. If your order is accepted by T-BEE COSY, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
    5. e) You undertake that all details you provide to us for the purpose of purchasing goods from T-BEE COSY will be correct, that the credit card, or any electronic cash, which you use is your own & that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
    6. f) T-BEE COSY will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please email sales@tbeecosy.com with a description of the problem with the goods & our customer service team will provide you with a prepaid return label & shipping instructions. Once we receive the item & have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes & shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, & we must be able to validate the damage/defect/error.
    7. g) If you are not satisfied with goods purchased from T-BEE COSY you may return them to T-BEE COSY within thirty (30) days after delivery. Returns will receive a refund of the price of the item & any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, & in their original packaging, & with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. T-BEE COSY reserves the right to refuse any returns if they do not meet our return requirements. Please email theteam@tbeecosy.com & our customer service team will provide you with shipping instructions.

T-Bee Cosy Marketplace

    1. a) The T-BEE COSY Marketplace section of the Websites (the “Marketplace”) acts as a venue to allow Users who comply with the Terms of Use to offer, sell & buy certain goods within a fixed-price format. T-BEE COSY is not directly involved in the transaction between sellers posting items in the Marketplace & sellers. As a result, T-BEE COSYhas 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. T-BEE COSYdoes not pre-screen Users or the information provided by Users in offering, selling or buying goods in the Marketplace. T-BEE COSY cannot ensure that a buyer or seller will actually complete a transaction. Consequently, T-BEE COSY does not transfer legal ownership of items listed in the Marketplace from the seller to the buyer. T-BEE COSY cannot guarantee the true identity, age or nationality of a User. T-BEE COSY encourages you to communicate directly with potential transaction partners through the tools available on the Portal & to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
    2. b) You agree that the Marketplace is a venue & as such T-BEE COSY is not responsible or liable for any content, for example, data, text, information, designs, patterns, graphics, images, photographs, profiles, audio, video, items, & links posted by you, other Users, or outside parties on the Marketplace. Your interactions with Users found on or through the Marketplace, including payment & delivery of goods or services, & any other terms, conditions, warranties or representations associated with such dealings, are solely between you & such other Users. You use the Marketplace at your own risk.
    3. c) By listing an item on the Marketplace you warrant that you & all aspects of the item comply with T-BEE COSY policies. You also warrant that you may legally sell the item. You must accurately describe your item & all terms of sale relating thereto. Each Marketplace listing must accurately & completely describe the item for sale in that listing. In respect of items that you list for sale, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, & permissions (including, but not limited to, all patent, trademark, trade secret, copyright or other proprietary rights) to sell such items; provided, however, that T-BEE COSY is in no way responsible for checking the accuracy of such affirmation, representation and/or warranty.
    4. d) All sales of items listed on the Marketplace are binding. The seller is obligated to deliver the item electronically, ship the physical item 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.
    5. e) You agree that T-BEE COSY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Users. If there is a dispute between Users, or between Users & any third party, you understand & agree that T-BEE COSY is under no obligation to become involved. T-BEE COSY does not provide any form of claims resolution procedure. In the event that you have a dispute with one or more other Users, you hereby release T-BEE COSY, its officers, employees, agents & successors in rights from claims, demands & damages (actual & consequential) of every kind or nature, known or unknown, suspected & unsuspected, disclosed & undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Profiles, User Submissions & Instructor Submissions

    1. a) In order to create an account, you will be required to submit certain private information which may include your name, email address, telephone number, address & credit card details (“Private Information”) which T-BEE COSY may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.
    2. b) In order to use certain functions of the Websites & the Applications, you will also be required to establish a profile which will be publicly displayed & will identify you to other Users (“Profile”). Your Profile must, at a minimum, include a username of your choice & a profile picture (which may be a photograph or image provided by you or an avatar selected from options provided by T-BEE COSY). You may also, at your election, display on your Profile other information which you wish to make public such as your geographic location, a profile description prepared by you (e.g., Users with an interest in crafting may describe how they were introduced to crafting), links to your website, Twitter feed, Facebook page or other online presence, preferences (e.g., Users with an interest in wine tasting may list their favorite wines), & status updates, as well as content created by you & submitted to T-BEE COSY in connection with your use of the Websites & Applications, your participation in Courses, your interaction with Instructors, Teaching Assistants & other Users, your participation in Challenges, & your offering, buying or selling of items through the Marketplace, buying items from T-BEE COSY through the Portal (including, in each case, written, audio and/or video content, information, images, & other materials) (such submissions, together with information comprising your Profile, “User Submissions”). You understand that whether or not such User Submissions are published, T-BEE COSY does not guarantee any confidentiality with respect to any User Submissions.
    3. c) You shall be solely responsible for your own User Submissions & the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential & you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private & confidential.
    4. d) In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, & permissions to use & authorize T-BEE COSY to use all patent, trademark, trade secret, copyright or other proprietary rights in & to such User Submissions to enable inclusion & use of them in the manner contemplated by the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to T-BEE COSY, you hereby grant T-BEE COSY a perpetual, worldwide, non-exclusive, royalty-free, sub-license-able, irrevocable & transferable license to use, reproduce, distribute, prepare derivative works of, display, & perform User Submissions, as well as information which is obtained from any linked website, Facebook page or Twitter feed, on the Portal & otherwise in connection with T-BEE COSY (and its successors’ & associated business, including without limitation for marketing purposes & promoting & redistributing part or all of the Portal (and derivative works thereof) in any media formats & through any media channels. You also hereby grant each user of the Portal a non-exclusive license to access your User Submissions through the Portal, & to use, reproduce, distribute, prepare derivative works of, display & perform such User Submissions as permitted through the functionality of the Portal & under these Terms of Use
    5. e) Private Information may be used in a de-identified, aggregated manner by T-BEE COSY (and its successors & assigns) in connection with its & their business, including, without limitation, for purposes of statistical & demographic analysis & for marketing & promotional purposes (as more specifically described in the Privacy Policy)
    6. f) You understand & agree that T-BEE COSY may, but is not obligated to, review the User Submissions & may delete or remove (without notice) all or any portion of any User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of T-BEE COSY violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost & expense for creating backup copies & replacing any User Submissions you post or store on the Portal or provide to T-BEE COSY. T-BEE COSY does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, & T-BEE COSY expressly disclaims any & all liability in connection with User Submissions.
    7. g) You understand & agree that T-BEE COSY is not obligated to review, & is in no way responsible for, the content of video lectures, associated study materials & background materials presented by Instructors & Teaching Assistants, or content created in connection with the participation by Instructors & Teaching Assistants in Courses & their interaction with Users & other Instructors & Teaching Assistants (including written, audio and/or video content, information, images, & other materials) (together, the “Instructor Submissions”). T-BEE COSY does not endorse any Instructor Submissions or User Submissions or any opinion, recommendation, or advice expressed therein, & T-BEE COSY expressly disclaims any & all liability in connection with Instructor Submissions.
    8. h) In connection with your User Submissions & otherwise in connection with your use of the Websites & Applications, you agree that you will not:
    9. (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy & publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material & to grant T-BEE COSY all of the license rights granted herein;
    10. (ii) publish falsehoods or misrepresentations that could damage T BEE COSY or any third party;
    11. (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business;
    12. (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Portal by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Portal in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Portal;
    13. (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    14. (ix) upload, post, transmit, share, store or otherwise make publicly available on the Portal any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers & credit card numbers;
    15. (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    16. (xii) intimidate or harass another;
    17. (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (xiv) use or attempt to use another’s account, service or system without authorization from T-BEE COSY or create a false identity on the Portal; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of T-BEE COSY, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose T-BEE COSY, the Portal or its Users to any harm or liability of any type.
    18. i) T-BEE COSY does not permit copyright infringing activities & infringement of intellectual property rights on its Portal, & T-BEE COSY may remove all Content, User Submissions or Instructor Submissions if properly notified that such Content, User Submissions or Instructor Submissions infringes on another’s intellectual property rights. T-BEE COSY reserves the right to remove Content, User Submissions or Instructor Submissions without notice. T-BEE COSY may also terminate a User’s access to its Websites & Applications if they are determined to be a repeat infringe. A repeat infringe is a User who has been notified of infringing activity more than once and/or has had User Submissions removed from the Websites and/or Applications more than once. T-BEE COSYalso reserves the right to decide whether User Submissions are appropriate & comply with the Terms of Use for violations other than copyright infringement & violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. T-BEE COSY may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice & at its sole discretion
    19. j) In particular, if you are a copyright owner or an agent thereof & believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing T-BEE COSYwith the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity & that is to be removed or access to which is to be disabled & information reasonably sufficient to permit the service provider to locate the material;
    • (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • (vi) A statement that the information in the notification is accurate, & under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      Notifications should be sent, via regular email to theteam@tbeecosy.com, or admin@tbeecosy.com . You acknowledge that if you fail to comply with all of the requirements of this Section 5(g), your DMCA notice may not be valid
    • k) You understand that when using the Portal, you will be exposed to User Submissions & Instructor Submissions from a variety of sources, & that T-BEE COSY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand & acknowledge that you may be exposed to User Submissions & Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, & you agree to waive, & hereby do waive, any legal or equitable rights or remedies you have or may have against T-BEE COSY with respect thereto, & agree to indemnify & hold

Intellectual Property Rights

    1. a) “Content” means all content on the Websites & Applications, except for all User Submissions & Instructor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features & the like & the trademarks, service marks & logos contained therein. Content & Instructor Submissions are subject to copyright & other intellectual property rights under United States & foreign laws & international conventions & are (i) owned by or licensed to T-BEE COSY, (ii) supplied to our editors or released into the public domain by public relations & marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine
    2. b) Content, Instructor Submissions & User Submissions from other Users on the Websites & Applications are provided to you “as is” for your information & personal use only & may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. T-BEE COSY reserves all rights not expressly granted in & to the Websites, the Applications & the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Portal for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any website, application or publication of any sort which is competitive with the Websites & Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses & materials in any field or if it is otherwise competitive with any business activities of T-BEE COSY and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright & other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portal or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Portal or the Content & User Submissions therein

Disclaimers

You agree that your use of the portal shall be at your sole risk. To the fullest extent permitted by law, T-BEE COSY & its successors, assigns, affiliates, officers, directors, employees, agents, instructors & teaching assistants do not make any warranties, express or implied, to you in connection with the portal & your use thereof. Neither T-BEE COSY nor any of its successors, assigns, affiliates, officers, directors, employees, agents, instructors or teaching assistants makes any warranties or representations to you about the accuracy or completeness of the content of the portal, instructor submissions or user submissions or the content of any sites linked to the portal & such parties assume no liability or responsibility to you for any (i) errors, mistakes, or inaccuracies of content, instructor submissions or user submissions, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to & use of our portal, (iii) any unauthorized access to or use of our secure servers and/or any & all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our portal, (v) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our portal by any third party, and/or (vi) any errors or omissions in any content or user submissions or for any loss or damage of any kind incurred as a result of the use of any content or user submissions posted, emailed, transmitted, or otherwise made available via the portal. T-BEE COSY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the portal or any hyperlinked websites or featured in any banner or other advertising, & T-BEE COSY will not be a party to or in any way be responsible for monitoring any transaction between you & third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment & exercise caution where appropriate

Limitation of Liability

In no event shall T-BEE COSY or its successors, assigns, owners, affiliates, officers, directors, employees, agents, instructors or teaching assistants be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use or access to the portal, including, without limitation, the categories of liability described in section 6, whether based on warranty, contract, tort, or any other legal theory, & whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that T-BEE COSY & /or its successors, assigns, directors, officers, employees, affiliates, agents, instructors and/or teaching assistants shall not be liable to you for user submissions, instructor submissions or content, or the defamatory, offensive, or illegal conduct of any third party, & that the risk of harm or damage from the foregoing rests entirely with you
The Portal is controlled & offered by T-BEE COSY from its facilities in the Republic of South Africa. T-BEE COSY makes no representations that the Portal is appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition & are responsible for compliance with their local law

Indemnity

You agree to defend, indemnify & hold harmless T-BEE COSY & its successors, assigns, affiliates, officers, directors, employees, agents, Instructors & Teaching Assistants from & against any & all claims, damages, obligations, losses, liabilities, costs or debt, & expenses (including but not limited to attorney’s fees) arising from: (i) your use of & access to the Portal; (ii) your violation of any term of the Terms of Use ; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party

Termination

T-BEE COSY may terminate your membership, delete your account & any User Submission that you have posted on the Portal and/or prohibit you from using or accessing the Portal (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Portal, your obligations hereunder shall survive indefinitely

Ability to Accept Terms of use

You affirm that you are more than 18 years of age or of the age allowable in your country of residence, are legally fully able & competent to enter into the terms, conditions, obligations, affirmations, representations, & warranties set forth in the Terms of Use, & to abide by & comply with the Terms of Use

General

You agree that:

    1. i) the Portal shall be deemed solely based in Colorado; &
    2. (ii) the Portal shall be deemed “passive” & shall not give rise to personal jurisdiction over T-BEE COSY, either specific or general, in jurisdictions other than the State of Colorado. The Terms of Use, & any rights & licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by T-BEE COSY without restriction. You agree that Sections 7, 8 & 9 of these Terms of Use are, & are intended to be, for the benefit of Instructors & Teaching Assistants & those Sections confer enforceable rights & remedies upon such Instructors & Teaching Assistants. The Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you & T-BEE COSY that arises in whole or in part from the Portal shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado. These Terms of Use, together with the Privacy Policy, the Contest Rules & any other legal notices published by T-BEE COSYon the Portal, shall constitute the entire agreement between you & T-BEE COSY concerning the Portal. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force & effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, & T-BEE COSY failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. T-BEE COSYreserves the right to amend the Terms of Use at any time & without notice, & it is your responsibility to review the Terms of Use for any changes. Your use of the Portal following any amendment of the Terms of Use will signify your assent to & acceptance of the revised terms of any component thereof