Published November 19, 2020.
NOTICE TO ALL USERS:
These Terms are effective for an unlimited duration unless and until earlier terminated as set forth herein. These Terms will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.
The terms may be updated any time and users will not be individually notified of updates of these terms. We will notify you by revising the date at the top of the Terms. Please look at the Terms regularly.
- Ownership Rights
- Your Content
- Your Account
- Free Memberships and Trials
- Limitation of Liability
- Governing Law and Jurisdiction
The Services and Software are protected by Republic of China (Taiwan) copyright laws and international treaty provisions. Coolocto owns and retains all right, title, and interest in and to the Services and Software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation, or use of the Services and Software does not transfer to you any title to the intellectual property in the Services and Software, and you will not acquire any rights to the Services and Software except as expressly set forth in the Terms.
Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Terms, Coolocto hereby grants to you a non-exclusive, non-transferable right to access and use the Services and Software. Your license(s) expire at the end of the term set forth in your order document. The version(s) available at your renewal date might be different from the version(s) available at your first purchase date.
“Content” means any text, information, or material, such as audio files, video files, electronic documents, or images. The Services and Software allow you to upload, submit, or store multimedia contents. Your contents still belong to you. For any of your contents, including any data and files you upload and store in the account, we will not declare ownership or take any responsibility, including but not limited to infringement of copyright and any damages or loss to the files. The Terms provide Coolocto with authorization of limited purposes, including but not limited to checking the data and files you upload, to operate and improve the Services and Software.
We may review your content for determining whether it violates the terms or laws and may remove or refuse to display content that we reasonably believe violates the terms or laws. However, it does not mean we will examine your contents.
To protect your account, please keep your password safe. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You may not share your account information (except with an authorized account administrator), whether intentionally or unintentionally. We highly recommend avoiding using the same password in third-party apps. Please notify Customer Support immediately if you become aware of any unauthorized use of your account.
Coolocto may offer free memberships and trials in its sole discretion. If access to the Services or Software is provided to you for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, Coolocto may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Services or Software by enrolling in a paid subscription, if available, or as otherwise permitted by Coolocto. During the free or trial period, no express or implied warranties shall apply to the Services and Software, all Services and Software are provided “as-is” with all defects, and no technical or other support is included.
You may not rent, lease, loan, sublicense or resell the Services and Software. You may not permit third parties to benefit from the use or functionality of the Services and Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under the Terms. You may not reverse engineer, decompile, or disassemble the Services and Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software in whole or in part. You may not copy the Software or Documentation. You may not remove any proprietary notices or labels on the Services and Software. All Services and Software must contain the same proprietary notices that appear on and in the Services and Software. All rights not expressly set forth hereunder are reserved by Coolocto.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL COOLOCTO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL COOLOCTO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE COOLOCTO CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF COOLOCTO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.