TERMS OF SERVICE
COBIMEDIA (“COBIMEDIA”, “we”, “us” “our”) provides the services as described to you through the Service and through its collaborative services (such services include any features collectively called the “Services”) with respect to these Terms and Conditions (this “Agreement”) as modified from time to time. We reserve the singular right in our own discretion, to modify or amend some sections of these Terms and Conditions at any desired time without notifying you. You are hereby advised in your own interest to regularly visit this page for the review of the updated Terms and Conditions to which you consent to. We will post the changes made, and we will indicate the date and time the revision will be effective. Your further use of the Service after such revision has been made represents your acceptance of these Terms and Condition. If you decide, in your own personal interest, not to agree to these Terms and Conditions, you are not allowed to continue to use or access the Service. It is your duty to frequently check the Site to discover the changes the changes that have been made to these Terms and Conditions and to review such changes.
INTELLECTUAL PROPERTY RIGHTS
You approve and consent that the Service may be made up of content (“Service Content”) that is protected by patent, trademark, copyright, trade secret or other applicable intellectual proprietary rights and laws. Unless you are expressly authorized by COBIMEDIA, you consent not to copy, frame, modify, rent, scrape, lease, sell, distribute or create derivative works based on the Service or the Content Service, in part or in whole, except the above does not apply to your own Content (as detailed below) that you upload legally to the Service. In relating to the Services, you will not involve yourself in robots, data mining, scraping or any other similar data extraction or gathering methods. Any use of the Service or the Service Content other than as stipulated and authorized herein is prohibited in all sense.
User Content Uploaded/Submitted to the Service: You are responsible for the applications, contents, code and other materials you upload via the Service or distribute with other User “User Content”). COBIMEDIA makes no ownership claim or control over your User Content. By posting any User Content, you willfully permit COBIMEDIA and all its associated partners a worldwide, non-exclusive, royalty-free, transferable, fully paid, perpetual, irrevocable license to copy, upload, display, distribute, perform, modify, store and otherwise use your User Content in accordance with the mode of operation of the Service, in any form, medium, means or technology known now or to be later developed.
THIRD PARTY WEBSITES
The Service or affiliated third parties may provide links that grant access to other resources and sites apart from our Content and Site. COBIMEDIA has no influence over such resources and sites, and we are liable neither are we in support of such links and resources. You further consent that COBIMEDIA will not be held accountable, directly or indirectly, for any loss or damage caused or adjudged to be caused by in relation with the use of or dependence on any events, contents, goods or services available on or through any resource or site.
All User shall protect, indemnify, defend (at the User’s decision and direction) and hold harmless COBIMEDIA, its partners, agents, employees, distributors, servants, resellers, successors and assignees, from and against all liabilities, claims, judgements, losses, actions, proceedings, penalties, costs, damages, fines and expenses (consultants’ fees, attorneys’ fees, court cost and any other financial obligations) arising from your failure to abide strictly by the applicable laws and regulations relating to the use of the Service.
DISCLAIMERS OF WARRANTIES
YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. COBIMEDIA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. We make NO WARRANTY THAT:
THE SERVICE WILL MEET ALL YOUR EXPECTED REQUIREMENTS,
THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR TIMELY,
THE RESULTS GENERATED FROM THE USE OF THE SERVICE WILL BE RELIABLE AND ACCURATE, OR
THE QUALITY OF ANY PRODUCTS, INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU VIA THE SERVICE WILL BE UP TO YOUR STANDARDS.
LIMITATION OF LIABILITY
YOU EXPRESSLY APPROVE AND CONSENT THAT COBIMEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSSES (EVEN IF COBIMEDIA HAS BEEN COUNSELLED ABOUT THE POSSIBILITY OF SUCH OCCURRENCE), WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
THE USE OR INABILITY TO USE;
THE PROCUREMENT COST OF SUBSTITUTE FOR GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION, DATA OR SERVICES OBTAINED OR PURCHASED OR MESSAGES RECEIVED OR BUSINESS TRANSACTIONS ENTERED INTO VIA OR FROM THE SERVICE;
ALTERATION OR UNAUTHORIZED ACCESS TO YOUR DATA OR TRANSMISSIONS; AND
ANY OTHER MATTER IN CONNECTION WITH THE SERVICE.
UNDER NO CIRCUMSTANCES WILL COBIMEDIA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES OR CAUSES OF ACTION WILL EXCEED THE AMOUNT YOU PAID COBIMEDIA IN THE LAST SIX (6) MONTHS IF ANY.
SOME LEGAL AUTHORITIES DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. APPROPRIATELY, SOME OF THE LIMITATIONS DETAILED ABOVE MAY NOT APPLY TO YOU. IF YOU ARE NOT SATISFIED WITH ANY SECTION OF THESE TERMS AND CONDITIONS, YOUR OPTION AND REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
You consent that COBIMEDIA, in its singular discretion, may terminate or suspend your account and/or application(s) (or any section thereof) or use of the Service, remove and discard any content contained in the Service, for whatever reason, which may include without limitation to; lack of use or if COBIMEDIA believes that you have in one way or the other contravened or acted in manners against the letter of these Terms and Conditions. Any suspected abusive, illegal or fraudulent activity that could be ground for termination of your account or use of the Service may be transferred to relevant law enforcement authorities. COBIMEDIA may also in its discretion, at any time discontinue the provision of the Service, or any section thereof, with or without prior notice. You consent that any termination of your access to the Service under any section of these Terms and Conditions may be effected without notice. You also approve and agree that COBIMEDIA may delete or deactivate your account along with all related files immediately, and/or bar any further access to the Service or files, except that, if you have paid up your bills with COBIMEDIA (if any), and COBIMEDIA cancels or terminates your account without cause, or if you personally terminate your account in your own freewill in accordance with the Terms of Service, then COBIMEDIA will, upon your request, provide a file of your User Content (in applicable format) on the existing on the Service as of the date of the cancellation of your account for a 30-day period after the notice of cancellation or termination. After such period, COBIMEDIA may permanently delete your User Content on the Service. You further consent that COBIMEDIA will not be responsible to you or any third party representing you for any termination of your account and/or access to the Service.
GENERAL AGREEMENT AND GOVERNING LAW
These Terms and Conditions represent the summation of the agreement between you and COBIMEDIA and also governs your use of the Service. This agreement supersedes any prior agreements made between you and COBIMEDIA as touching regarding the Service. You may also be subjected to more terms that may apply when you use third-party services that are affiliated with COBIMEDIA, third-party content or software. These Terms and Conditions will be governed by the laws of the United State of America without paying any regard to conflict of laws.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the sole right and responsibility to change these terms at any time without contacting you. You are hereby advised to visit this page regularly to be aware of such changes.
Changes to these terms are operative as of the confirmed “Last Update,” and your further use of the Site on or after the Last Update will infer that you accept and agree to the changes.