Who we are:

Our website address is: https://www.keepthemcozy.com.

What personal data we collect and why we collect it:

Comments:

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media:

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms:

Cookies:

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites:

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics:

Who we share your data with:

How long we retain your data:

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data:

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data:

Visitor comments may be checked through an automated spam detection service.

Keep Them Cozy Terms of Service

Updated June 25, 2020

Keep Them Cozy (hereafter referred to as KTC) has updated our Terms of Service, which are effective as of the date shown above. Disputes about these Terms and the Services and Websites provided by KTC are subject to binding arbitration and a waiver of class action rights.

1. Your relationship with KTC

1.1 KTC has three different types of end users:

• We call users of the Websites “Site Visitors.”
• We call users who use the free version of the Services “Free Users.” While Free Users can access and use the Services, they have access to a more limited set of features and functionality than Subscribers.
• We call users who use the Services as part of a paid subscription plan (regardless of the subscription tier) “Subscribers.” The features and functionalities available to Subscribers are determined by the subscription tier.

We refer to these three types of end users collectively as “Users” or “you” for purposes of these Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legally binding agreement between you and KTC and explain the rules governing use of the Services and Websites. If you do not agree to these Terms, please do not access or use the Services and Websites.

2. Accepting the Terms

2.1 You acknowledge and agree that you have read, understand and agree to be bound by these Terms and our privacy policy by clicking or tapping on a button indicating your acceptance, by accessing or using the Services and Websites, or by executing or making payment based on an ordering document, statement of work or invoice (an “Order”) that references these Terms.

2.2 By accepting these Terms, you represent that you have the legal power to do so. If you accept these Terms on behalf of an organization, (a) “you” and “your” will refer to that organization and any individual accessing the Services through your account will be referred to as a “User”; and (b) you understand and agree that the organization will be responsible for ensuring that each of its Users complies with these Terms.

2.3 You may not use the Services and may not accept the Terms if you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.  If you represent an organization, you will ensure that: (a) your Users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any restricted lists.

2.4 KTC warrants that: (a) during the applicable subscription term, the Subscription Service will operate substantially as described in the online documentation; (b) the Support and Professional Services will be performed in a competent and workmanlike manner in accordance with generally accepted industry standards, this Agreement and applicable Order; and (c) the Deliverables will conform to the specifications in the applicable Order. If you believe a Service or Deliverable does not comply with these warranties, you must notify KTC in writing within 30 days of delivery of the non-conforming Service or Deliverable. As your exclusive remedy and KTC’s sole liability for breach of these warranties, KTC will use commercially reasonable efforts to correct the non-conforming Service or Deliverable at no additional charge to Customer within a reasonable time period. These warranties will not apply to any failure caused by a defect in or modification to the applicable Service or Deliverable caused or made by you, any User, or a person acting at your direction.  

2.5 The Subscription Service includes the features and functionality applicable to the version selected. KTC may update the content, functionality, and user interface of the Subscription Service in its sole discretion. Some features and functionality may be available only with certain versions of the Subscription Service.  KTC does not represent or warrant that a particular subscription plan will be offered indefinitely and reserves the right to change or alter the features and options, including volume of transmissions and maximum storage space, in a particular subscription plan without prior notice.   

3. Using the Services

3.1 In order to register for and access certain Services, you and each User will be required to provide information. You agree that any registration information given to KTC, including contact information (e.g., e-mail address) and billing/payment details, will be accurate and kept current.  

3.2 You will obtain, maintain, and support all internet access, equipment, and ancillary services needed to access the Services and Deliverables. Subscriptions are for named individuals and cannot be shared or used by more than one individual at a time. Each User must keep a secure password for accessing the Subscription Service, which must be kept confidential. You will (a) if applicable, obtain from the Users on your account any consents necessary for KTC to provide the Services; (b) maintain commercially reasonable security standards with respect to use of the KTC Assets (defined below); and (c) in the event of any unauthorized access to or use of the Services or Deliverables, promptly notify KTC at flen.enterpirses.tx@gmail.com as applicable.  

3.3 You are responsible for (a) access to and use of the Subscription Service and Deliverables by the Users on your account and each User’s compliance with these Terms; (b) the secure transmission of your Content to the Subscription Service, (c) the legality, reliability, integrity, accuracy and quality of the Content, any conclusions drawn or actions taken therefrom, and the means by which you or the Users acquired the Content so that KTC and its service providers may lawfully use, process, and transfer the Content in accordance with these Terms; (d) if desired, backing-up your Content outside of the Subscription Service; and (e) if required, providing qualified personnel to timely perform your duties and tasks specified in an Order or as may be reasonably necessary in connection with KTC’s performance of the Professional Services and providing KTC with any information, data and other materials that you agree to provide under an Order related to Professional Services. 

3.4 You will not and will ensure that each User does not: 

(a) license, sublicense, sell, resell, rent, lease, transfer, distribute, provide access, or otherwise commercially exploit, or make the Services or Deliverables available to any third-party except as expressly authorized herein; 

(b) copy, modify, translate, adapt, merge, or create derivative works of the Services or Deliverables or disassemble, decompile, reverse engineer or otherwise extract the source code of, or reduce to human-perceivable form, any part of them unless the foregoing restrictions are expressly prohibited by applicable law; 

(c) use or access the Services or Deliverables (i) for competitive purposes or (ii) other than in compliance with all applicable laws and regulations (including export control laws and restrictions); 

(d) remove or modify any proprietary markings or restrictive legends in the Subscription Service or on the Deliverables; 

(e) infringe or misappropriate any KTC Assets; 

(f) attempt to gain unauthorized access to the Services or any portion thereof; 

(g) introduce into the Subscription Service viruses, malware, Trojan horses, worms, spyware or other destructive code, or otherwise engage in any malicious act or disrupt the security, integrity or operation of the Subscription Service; 

(h) access or attempt to access the Subscription Service by any means other than KTC’s publicly supported interfaces, including through any automated means (i.e. use of scripts or web crawlers); 

(i) probe, scan, or test the vulnerability of any KTC system or network; or 

(j) access, store, create, share, display, publish or transmit any material that is unlawful or related to illegal activity, threatening, deceptive, defamatory, discriminatory, obscene, libelous, an invasive of another’s privacy, or infringes the intellectual property rights of a third-party through the Subscription Service.

4. Billing, Payment and Renewal

4.1 If you select a paid tier of the Subscription Service (a “paid account”) KTC will bill you in advance for use of the Services on the frequency that you select. 

4.2 Current pricing for non-enterprise accounts are published on the KTC Websites. Lucid reserves the right to modify pricing at any time for renewal terms; provided, that KTC will notify you or the account admin prior to any price increase affecting that account. If you upgrade to a higher tier of paid account, KTC will credit any remaining balance from your previous subscription payment to your new tier.

4.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page, Order or invoice.  Credit card, debit card or other non-invoice forms of payment are due at the beginning of the relevant subscription term. KTC will charge you for all fees when due. KTC may enable other forms of payment in the Account Settings page, which may be subject to additional terms. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent thereafter.

4.4 Your subscription will automatically renew at the end of each subscription term and you authorize KTC to charge the credit card, debit card or other non-invoice forms of payment for each renewal. If you wish to change your subscription level, number of Users, subscription term, or cancel your auto-renewal, the account owner or the admin must change the settings in the Account Settings page provided in the Subscription Service  prior to the renewal date.

4.5 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than KTC’s income tax) (collectively “Taxes”), and you will pay KTC for the Services without any reduction for Taxes. If KTC is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide KTC with a valid tax exemption certificate. If you are required by law to withhold any Taxes from your payments to KTC, you must provide KTC with an official tax receipt or other appropriate documentation to support such withholding and reimburse KTC for such withholding tax.

4.6 Except as expressly set forth in these Terms or when required by law, all fees are non-cancellable and once paid are non-refundable, even in the case of unused subscription periods.

5. Confidentiality

5.1 “Confidential Information” means non-public, proprietary, business, technical, security, legal, or financial information that is either marked or identified as Confidential Information or would reasonably be understood to be confidential, including information about products, processes, services, trade secrets, marketing and business plans, client lists, financial information, system architecture, security programs, and intellectual property. For avoidance of doubt, the price you pay for the Services constitutes KTC’s Confidential Information.  Notwithstanding the foregoing, Confidential Information does not include information that: (a) the receiving party possesses without a duty to keep confidential prior to acquiring it from the disclosing party; (b) is or becomes publicly available through no violation of this Agreement by the receiving party; (c) is given to the receiving party by a third-party not under a confidentiality obligation to the disclosing party; or (d) is developed by the receiving party independently of, and without reliance on, confidential or proprietary information provided by the disclosing party.

5.2 Each party may be given access to Confidential Information of the other party in connection with these Terms. The receiving party may only use this Confidential Information as provided for in these Terms or to exercise its rights hereunder and may only share this Confidential Information with its employees, agents, advisors and service providers who need to know it, provided they are subject to similar confidentiality obligations. The receiving party will use the same degree of care, but no less than a reasonable degree of care, as such party uses with respect to its own Confidential Information to protect the disclosing party’s Confidential Information and to prevent any unauthorized use or disclosure thereof. Neither party will be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third-party.  If the receiving party is compelled by law to disclose the other party’s Confidential Information, it will use commercially reasonable efforts to give the disclosing party prior written notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party’s cost, if the disclosing party wishes to contest the disclosure.

6. Data Security, privacy and your personal information

6.1 KTC’s privacy explains how KTC treats your personal information and protects your privacy when you use the Websites and Subscription Service. If you use our Websites or are an individual User of a Subscription Service or part of a team account, you agree to the use of your data, including personal information, in accordance with KTC privacy policy.

6.2 KTC will use data provided in connection with the creation or administration of entity and User accounts solely to set up and maintain such accounts, to inform entities and Users about features of the Services, to provide and maintain the Services, and as necessary to comply with applicable law, regulation, legal process or enforceable governmental requests and to detect and prevent fraud and or violations of this Agreement.

6.3 KTC will maintain appropriate administrative, physical, technical and organizational measures to protect the security, confidentiality, and integrity of your Content in accordance with our information security program. Any revisions to our information security program will not diminish our current data security obligations.  

6.4 Nothing in the Terms gives you a right to use any of KTC’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

7. Service updates

7.1 The Subscription Service will automatically download and install updates from time to time from KTC. These updates are designed to improve, enhance and further develop the Subscription Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions with different features. You agree to receive such updates and permit KTC to deliver them to you as part of your use of the Services.

8. Exclusion of Warranties

8.1 Nothing in these Terms, shall exclude or limit KTC’s warranty obligations or liability for losses which may not be lawfully excluded or limited by applicable law. Only the limitations which are lawful in your jurisdiction will apply to you and KTC’s liability will be limited to the maximum extent permitted by law.

8.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. KTC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY NON-LUCID APPLICATION WITH WHICH THE SERVICE MAY INTEROPERATE. KTC DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 

9. Limitation of Liability

9.1 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (REGARDLESS OF THE BASIS OR TYPE OF CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR ANY LOST PROFITS, REVENUES OR DATA, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, COVER, OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS. EACH PARTY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID OR PAYABLE BY YOU HEREUNDER WITHIN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) $200.00.

9.2 KTC will not be liable for any loss or damage which may be incurred by you as a result of (i) any changes which KTC may make to the Services or any features within the Services; (ii) your failure to keep your password or account details secure and confidential; or (iii) your failure to back up your Content.

9.3 The parties acknowledge and agree that the limitations of liability, disclaimer of warranties, and any exclusion of damages included herein represent an allocation of risk between the parties (including the risk that a remedy may fail of its essential purpose) which is reflected by the fees paid.

10. Changes to the Terms

10.1 KTC may make changes to the Terms from time to time. When these changes are made, KTC will make a new copy of the Terms available as applicable.  

10.2 You understand and agree that if you are on a free account and you use the Services after the date on which the Terms have changed, KTC will treat your continued use of the Services as acceptance of the updated Terms.  If you have a paid account, the new Terms will apply upon your renewal. 

If you made it all the way through this drab statement, CONGRATS! You are in the top 1%!