[vc_row][vc_column][vc_custom_heading text=”Terms and Conditions” font_container=”tag:p|font_size:30|text_align:center” google_fonts=”font_family:Open%20Sans%3A300%2C300italic%2Cregular%2Citalic%2C600%2C600italic%2C700%2C700italic%2C800%2C800italic|font_style:600%20bold%20regular%3A600%3Anormal”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Cocoblack Naturals (“Cocoblack Naturals,“ “we,” “us,” or “our”) operates a network of websites and services (the “Cocoblack Naturals” website). The term “you” refers to the person accessing or using the Cocoblack Naturals website, or the company or organization on whose behalf that person accesses the Cocoblack Naturals website.
Please read this Agreement carefully. Your use of or registration on any aspect of the Cocoblack Naturals website will constitute your agreement to comply with this Agreement. If you do not agree to this Agreement, you must cease use of the Cocoblack Naturals website.
The Agreement may be modified from time to time. The date of the most recent revisions will appear on this page, so check back often. By using the Cocoblack Naturals website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Cocoblack Naturals website and, if applicable, you should arrange to cancel your registered user account.
Your failure to follow this Agreement, whether listed below or in bulletins, rules or other notices posted at various points in the Cocoblack Naturals website, may result in suspension or termination of your access to the Cocoblack Naturals website, without notice, in addition to Cocoblack Naturals’s other remedies.
Cocoblack Naturals reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (a) this Agreement; or (b) your registration with or ability to access the Cocoblack Naturals website or any other service, tool, specific content, digital products or products provided to you by Cocoblack Naturals, upon any breach by you of this Agreement or otherwise.
- Your Use of the Cocoblack Naturals website.
No Use if You’re under 13.
The Cocoblack Naturals is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Cocoblack Naturals website or submitting their personally identifiable information to us, and from using portions of the Cocoblack Naturals website for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, blogs, and contests/sweepstakes.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, data, statistics, analysis, and all other content, information, and materials (collectively, “Content”) available on or through the Cocoblack Naturals website, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, or service providers (collectively, “licensors”), or by you, or other users or third parties, including any Content which is uploaded manually or bookmarked by you or other users. Content that is provided by us or our licensors is protected by copyright, trademark and other intellectual property laws, rules, and regulations (“IP Rights”), and is our property or the property of our licensors.
The Cocoblack Naturals is for your personal, noncommercial use except where expressly permitted. Republication, retransmission, reproduction, downloading or making any other use of the Content on the Cocoblack Naturals website is expressly prohibited.
Please carefully consider the Content you choose to post on the Network, including, but not limited to, any message board or blog or any comment or profile. You should not include personally identifying information, such as your telephone number, street address or last name, on any area of the Cocoblack Naturals website that is accessible to the general public or provide it to people you do not know. Cocoblack Naturals assumes no responsibility or liability of any kind for any material or information, products or services you may be provided by other users of the Cocoblack Naturals website, including its or their quality, accuracy, and appropriateness.
You agree that you will not use the Cocoblack Naturals website to post on message boards, blogs, profiles, comments or any place on the Cocoblack Naturals website, any message or material of any kind or nature that is unlawful, abusive, threatening, harassing, vulgar, obscene, profane, libelous, defamatory, harmful, racially offensive, sexually explicit, inaccurate, or otherwise objectionable material as determined by Cocoblack Naturals in its sole discretion or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. “Masked” vulgarity, obscenity or profanity (e.g. “f***”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Cocoblack Naturals website. Cocoblack Naturals reserves the right to delete any such material from the Cocoblack Naturals website. Cocoblack Naturals will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms contained in this Section. Please see our Community Ground Rules.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Cocoblack Naturals. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Cocoblack Naturals website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Content is protected by IP Rights; (ii) these IP Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, this Agreement and applicable copyright, trademark and other laws govern your use of such Content. You may not post to the Cocoblack Naturals website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any IP Rights. You acknowledge that Cocoblack Naturals may acquire IP Rights to use any posted materials as described below, and that you will not acquire any of those IP Rights by downloading such materials.
By submitting Content, including your member name, to any “public area” of the Cocoblack Naturals website, including message boards, blogs, forums, contests, public profiles, or comments, you grant Cocoblack Naturals (i) a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any IP Rights that may exist in such Content, and (ii) the right to authorize others to do any of the foregoing. In addition, you warrant that, to the extent that you are not the exclusive holder of all IP Rights in Content you submit, the holder of any IP Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store, and reproduce such Content that you have made public for personal use. Subject to the foregoing, the owner of such Content placed on the Cocoblack Naturals website retains any and all IP Rights that may exist in such Content.
Cocoblack Naturals is not obligated to review Content posted by users prior to the Content’s posting to any area of the Cocoblack Naturals website, including any private profile. Content posted by any user to the Cocoblack Naturals website does not reflect the opinions or views of Cocoblack Naturals or its affiliates. Cocoblack Naturals makes no warranty, whether express or implied, as to the accuracy of any Content or material that you send to other Cocoblack Naturals members through any Cocoblack Naturals service.
Notwithstanding anything contained in this agreement to the contrary, by submitting content to any message boards, blog, expert areas, question and answer forums, sweepstakes, contests or any other area on the Cocoblack Naturals website, you hereby expressly permit Cocoblack Naturals to identify you as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content..
Compliance with Laws.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations, including applicable import and export control laws, in accessing and using the Cocoblack Naturals website, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Network.
4. Registration and Account Creation.
Use of User ID/Password.
If you register or set up an account on the Cocoblack Naturals website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information or this Agreement to any third party without our written approval. Any attempt to do so will be null and void, and will be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
Improper Use of Account; Right to Accept, Cancel or Limit Orders.
Fees and Payment.
You will ensure that none of the equipment, hardware, software, products, or services you use to access, visit, or use the Cocoblack Naturals website will disturb or interfere with our operation of the Network, or impede or interfere with others’ access, visitation or use of the Network. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Cocoblack Naturals website any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, Cocoblack Naturals or any Content.
6. Products Available for Sale.
The Cocoblack Naturals can be accessed from countries around the world but services are only rendered in Ghana. You understand that some or all products or services provided on or through the Cocoblack Naturals website may not be available for purchase to persons residing in certain jurisdictions or geographic areas.
- Third Party Sites and Services.
The Cocoblack Naturals contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You may order services or merchandise through the Cocoblack Naturals website from other persons not affiliated with Cocoblack Naturals (“Third Party Merchants”). All matters concerning the merchandise and services desired from a Third Party Merchant, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant. Cocoblack Naturals makes no warranties or representations whatsoever with regard to any goods or services provided by Third Party Merchants. You will not consider Cocoblack Naturals nor will Cocoblack Naturals be (a) construed as a party to such transactions, whether or not Cocoblack Naturals may have received some form of revenue or other remuneration in connection with the transaction, or (b) liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
8. Monitoring and Complaints against Other Users.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Cocoblack Naturals website, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, blogs, and elsewhere, to foster compliance with the Agreement. You specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (I) the Cocoblack Naturals website, or any portion of it, will be monitored for accuracy or unacceptable use, (II) apparent statements of fact will be authenticated, or (III) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
What to Do if You Have a Complaint against Another User.
- Remember that by using the Cocoblack Naturals website you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of that Content is actionable. We ask that you not use the Cocoblack Naturals website, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following.
- Harassment: If you have reason to believe that another person is using the Cocoblack Naturals website in a way that is harmful to you (for example, to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.
- Copyright Complaints: If you have reason to believe that your Content has been copied or is accessible on the Cocoblack Naturals website in a way that constitutes copyright infringement, or that the Cocoblack Naturals website contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Notices.
- CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Bureau of National Investigation (BNI).
- IMPORTANT: False or inaccurate accusations that others have committed a crime, inappropriate act, or violation of this Agreement, could be a violation of criminal or civil law, or otherwise expose you to liability for damages (including costs and attorneys’ fees).
- Disclaimer regarding Sensitive Information.
While you may freely discuss hair care topics of interest to you, and the Cocoblack Naturals website may include general Content relating to a range of hair care topics, including hair type information, treatment tips, or product recommendations, you should not rely on the Cocoblack Naturals website for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and risks associated with use of Content obtained on or through the Cocoblack Naturals website before making any decisions based on such Content.
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Cocoblack Naturals, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of products or services is maintained with appropriate privacy and security protections.
Any communications between you and Cocoblack Naturals, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Cocoblack Naturals website, including any products or services, will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
11. Copyright Notices.
We respect the intellectual property of others, and we ask you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the copyright law. If you believe in good faith that Content on the Cocoblack Naturals website infringes your copyright, you (or your agent) may send Cocoblack Naturals a notice requesting that the Content be removed or access to it blocked.
The notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification should be sent to:
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
12. Disclaimer of Warranties.
You acknowledge that you are using the Cocoblack Naturals website at your own risk. The Cocoblack Naturals is provided “AS IS,” “with all faults,” and “as available.” COCOBLACK NATURALS, ITS AFFILIATES, AND ITS VENDORS AND MERCHANTS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE COCOBLACK NATURALS. COCOBLACK NATURALS, ITS AFFILIATES, AND ITS VENDORS AND MERCHANTS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE COCOBLACK NATURALS WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE NETWORK.
13. Limitation of Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE COCOBLACK NATURALS.
IN NO EVENT SHALL THE LIABILITY OF COCOBLACK NATURALS, OR OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE COCOBLACK NATURALS, INCLUDING SERVICES AND PRODUCTS, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE OR PRODUCT AT ISSUE. COCOBLACK NATURALS, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE COCOBLACK NATURALS UNDER IT, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE COCOBLACK NATURALS, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE NETWORK, YOUR USE OF OR RELIANCE ON THE COCOBLACK NATURALS OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE NETWORK, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
We will make every reasonable effort to resolve any disagreements that you have with Cocoblack Naturals. If those efforts fail, by using the Cocoblack Naturals website you agree that any claim, dispute, or controversy you may have against Cocoblack Naturals arising out of, relating to, or connected in any way with this Agreement, the Cocoblack Naturals website or the purchase or sale of any product or service will be resolved exclusively by final and binding arbitration administered by the Alternative Dispute Resolution Act 2010, Act 798 of Ghana.
You agree to defend, indemnify and hold harmless Cocoblack Naturals, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (a) your use of and access to the Cocoblack Naturals website; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Cocoblack Naturals website.
16. Reservation of Rights and Release.
Cocoblack Naturals reserves the right, but has no obligation, to monitor, or take any action Cocoblack Naturals deems appropriate regarding disputes that you may have with other customers of ours or any vendors or Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any vendors or Merchants.
17. Termination of Suspension of Access to the Cocoblack Naturals website.
Cocoblack Naturals has the right to terminate and/or suspend your ability to access the Cocoblack Naturals website or any portion thereof, for any or no reason, without notice.
18. Electronic Communications.
The communications between you and Cocoblack Naturals use electronic means, whether you visit the Cocoblack Naturals website or send us emails, or whether Cocoblack Naturals posts notices on the Cocoblack Naturals website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cocoblack Naturals in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cocoblack Naturals provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Cocoblack Naturals makes no representation that materials on the Cocoblack Naturals website are appropriate, available or legal in any particular location. Those who choose to access the Network do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, will be governed and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein.
20. General Terms.
Cocoblack Naturals may modify or discontinue the Cocoblack Naturals website, any portion thereof, or any of its services, tools, digital products, products, or events with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND COCOBLACK NATURALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE COCOBLACK NATURALS MUST COMMENCE WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept this Agreement. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of Cocoblack Naturals.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.
21. Entire Agreement.
Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Cocoblack Naturals’s rights under this Agreement will not be valid or effective except in a written agreement which has been physically signed by an officer of Cocoblack Naturals. No purported waiver or modification of this Agreement by Cocoblack Naturals via telephonic or email communications will be valid.
Last revised on November 28, 2020