Terms of Service
Virtual World Computing
5425 Hollister Ave. Suite 160
Santa Barbara, CA 93111
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These Terms of Service apply to the executable code version of Cocoon
Cocoon is aimed at providing the best rewards program ("Service"). As such, it's worth noting a few major items:
By creating a Cocoon account or Logging In, you acknowledge and agree to Cocoon collecting information on the apps installed on any device the software is installed on. This information may be used to ensure that Cocoon is able to promote relevant apps and offers.
Members are not permitted to attempt "gaming" or "hacking" the Cocoon program in any way.
Members will not, under any circumstances, encourage other members or any other persons to hack or game the Cocoon program including via online blogs, forums, groups, etc.
Members will not post referral links in an attempt to trick members or any other persons through deceptive means, inaccurate descriptions, fake earning opportunities or other questionable methods as determined by the Cocoon staff.
Cocoon at its sole discretion will and can cancel or remove your account or suspend your account entirely if Cocoon has reasons to believe that rewards were earned through means that are against the Cocoon Terms & Conditions as well as the spirit of the guidelines. Examples of abuse that Cocoon's automated technology will flag and will not be tolerated include: extended inactivity, software that attempts to manipulate the program in any way, and app usage anomalies outside of normal behavior patterns.
Violating any of these terms or any of the terms below will mean immediate revocation of earned rewards and potentially means being blacklisted from Cocoon in perpetuity.
THESE TERMS AND CONDITIONS ("AGREEMENT") GOVERN YOUR USE OF THE SOFTWARE.
Cocoon is pleased to provide and maintain our product (the " Software"). Except as otherwise indicated by Cocoon, the Software includes the Cocoon mobile apps, tablet apps and any other versions of our product and any updates, new versions or new releases of the product. Cocoon’s software also includes the desktop web browser for Windows and Macintosh.
Cocoon's browser is built on the Chromium Open Source project. More about Chromium and the copyrights and conditions can be learned about here: http://src.chromium.org/viewvc/chrome/trunk/src/LICENSE
Your relationship with Cocoon
Your use of Cocoon’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Cocoon under a separate written agreement) is subject to the terms of a legal agreement between you and Cocoon. “Cocoon” means Cocoon Inc., whose principal place of business is at 5425 Hollister Ave, Ste 160, Santa Barbara, CA 93111, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Cocoon, your agreement with Cocoon will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open source software licenses for Cocoon browser source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Universal Terms, the open source licenses govern your agreement with Cocoon for the use of Cocoon browser or specific included components of Cocoon.
Your agreement with Cocoon will also include the terms set forth below in the Cocoon browser Additional Terms of Service and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Cocoon in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Accepting the Terms In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Cocoon in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Cocoon will treat your use of the Services as acceptance of the Terms from that point onwards.
Language of the Terms
Where Cocoon has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Cocoon.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by Cocoon
Cocoon has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Cocoon itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
Cocoon is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Cocoon provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Cocoon may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Cocoon’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Cocoon when you stop using the Services.
You acknowledge and agree that if Cocoon disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Use of the Services by you
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Cocoon, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Cocoon has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cocoon may suffer) of any such breach.
ACCESSING THE SERVICE
In order access apps or website, you need a compatible device. You also need access to the Internet through a mobile data plan or an Internet subscription. You are solely responsible for paying any service fees associated with any such access (including data charges). You must provide all equipment, software and access necessary to connect to our service. Our service is not available on all operating systems, devices, or locations. You should note that depending on your device, your device might not be able to access our service while you are using other features of your device.
In order to ensure the availability and quality of our service for all of our users, by accessing our service, you agree that your device and/or software does not disturb or interfere with our service, including our mobile apps, our tablet apps, or our website. If we suspect that any equipment or software is causing interference with our service, we reserve the right to immediately disconnect that equipment or software from our service, and we reserve the right to immediately suspend or terminate your further use of our service. If any upgrade to the service requires changes in your equipment or software, and you wish to continue using our service, it will be your responsibility to make these changes at your own expense. Any additional features that augment or enhance our service will be subject to these terms and conditions. You agree to comply with all applicable laws in your use of our service.
Cocoon is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. You indicate your acceptance of this Agreement by clicking on the "I Agree" button (if one appears), or simply by downloading, installing or using the Software. By doing any of these actions you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that company or other legal entity. If you are under the age of majority in your jurisdiction of residence, you must have the agreement of your parent/legal guardian to this Agreement on your behalf. If you do not accept all the terms of this Agreement, then Cocoon is unwilling to license the Software to you, and you may not use it, and you must immediately remove the Software from any computers or devices upon which you have downloaded or installed it.
User Representations and Warranties. By using the Software, you represent, warrant and covenant that you: (i) shall use the Software only as set forth in these Terms of Service; (ii) have the power and authority to enter into and be bound by the Terms of Service; and (iii) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Software. Cocoon and the Cocoon Rewards Platform are only available in the United States. Any rewards earned outside of the locations listed are not eligible for redemption. Cocoon is working to expand into more areas globally.
Privacy and your personal information
You agree to the use of your data in accordance with Cocoon’s privacy policies.
Information sharing. You acknowledge that the Software contains features designed to share select sites (URLs) you browse and other information. In some cases, sharing is explicitly invoked by you (e.g., when you click the Share button). You also acknowledge and agree that your purchase information is shared between Cocoon partner stores and Cocoon for the purpose of maximizing your rewards and improving the Cocoon service. Cocoon also gathers data around the usage of its mobile apps including but not limited to geo-location. To the extent permitted by law, Cocoon reserves the right to use any data collected, explicitly or implicitly, in any form or fashion that Cocoon decides.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Cocoon (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Cocoon or by the owners of that Content, in a separate agreement.
Cocoon reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Cocoon may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see https://support.google.com/websearch/answer/510?hl=en). In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Cocoon has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Cocoon may suffer) by doing so.
You acknowledge and agree that Cocoon (or Cocoon’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Cocoon, nothing in the Terms gives you a right to use any of Cocoon’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Cocoon, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Cocoon's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at https://www.getcocoon.com/permissions/guidelines (or such other URL as Cocoon may provide for this purpose from time to time).
Cocoon acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Cocoon, you agree that you are responsible for protecting and enforcing those rights and that Cocoon has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Cocoon, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Cocoon
Cocoon gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Cocoon as part of the Services as provided to you by Cocoon (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cocoon, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Cocoon, in writing.
Unless Cocoon has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Cocoon grants you a revocable, non-exclusive and non-transferable license to install and use the executable form of the Software on an unlimited number of computers or devices which are owned or controlled by you. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on a Apple-branded product that runs the iOS operating system software provided by Apple; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Cocoon reserves all rights in the Software not expressly granted to you in this Agreement. You also agree to abide by the rules of Google’s Play Store and the permitted "Usage Rules" defined by Google.
Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or modify the Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to other users. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute the intellectual property of or contain trade secrets of Cocoon and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Ownership. The Software is licensed, not sold. You own the media on which the Software is recorded (if any was provided to you), but Cocoon retains ownership of the copy of the Software itself, including all intellectual property rights therein, even if Cocoon incorporates any Feedback (defined below) into subsequent versions of the Software or otherwise uses such Feedback. The Software is protected by United States, and Canadian copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
External Content. Cocoon includes many features that are designed to allow you to import and share content from other parts of the web that are important to you (such as your social network profile, friends, and contact lists) and gives you easy access to that information. You hereby grant Cocoon a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform this content for the sole purpose of providing you with these features, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, and consents to grant this license to Cocoon. You retain copyright and any other rights you already hold to content you submit, post or display through the Software. Furthermore, you understand that all content (without limitation, text, data files, web pages, software, extensions, audio and video files, and images) which you may have access to through the Software is the responsibility of the person or entity from which the content originated and not the responsibility of Cocoon. You understand that the Software may allow you to access content that is offensive or objectionable to you and that in this respect you use the Software at your own risk
Content license from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.
Updates and Upgrades; No Obligation. Cocoon is not obligated to maintain or support the Software, or to provide you with updates, upgrades or services related thereto. You acknowledge that Cocoon may from time to time in its sole discretion, issue or require updates and upgrades to the Software, and you expressly agree that Cocoon may automatically update or upgrade the version of the Software that you are using on your computer or device, either automatically or as a result of your request. These updates or upgrades may be designed to fix bugs, security issues, improve performance, add, remove, or update functionality, and generally improve the Software. You consent to such updating or upgrading on your computer or device, and agree that the terms and conditions of this Agreement will apply to all such updates or upgrades.
The Software which you use may automatically download and install updates from time to time from Cocoon. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Cocoon to deliver these to you) as part of your use of the Services.
Open-Source Software. The Software is distributed with certain independent code that is licensed under open source licenses ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code. Please contact us for important information regarding this Software
We may obtain information about you, either individually, or in the aggregate, from other sources, such as third party partners and affiliates. For example, if you navigate to one of our Affiliate Partners on a device with the Cocoon Software and make a purchase, our Affiliate Partner will notify us that you have made a transaction. As part of this notification, we will obtain the name of the Affiliate Store from which you made a purchase, the amount of the purchase, the date of the purchase, in some cases, a description of the item purchased, and your unique tracking ticket. The Affiliate Store does not provide us with any credit card information. We are not responsible for the accuracy of any information that we obtain from third parties.
User Conduct. You agree that you will not engage in any activity that interferes with or disrupts the Software, Cocoon Browser, Apps, Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs. If you are found in violation, your rewards will be cancelled and your account is subject to be banned.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
we are required to do so by law (for example, where the provision of our Services to you is, or becomes, unlawful); or
any partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
the provision of the Services to you is, in our opinion, no longer commercially viable.
at any reason, whatsoever; or if you have broken any of the terms in the Agreement herein.
You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to (all as determined in our sole and absolute discretion):
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on Cocoon or on any other public site on the web
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, an otherwise offensive or objectionable manner
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or the access to or functionality of the Cocoon services
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
attempt to obtain passwords or other private information from other members
improperly use support channels or complaint buttons to make false reports to Cocoon
develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements
publicly inform other members or any other persons of any error, miscue or bug that gives an unintended advantage or exploit, or that violates any applicable laws or regulations
promote or encourage any illegal activity including, but not limited to, hacking, gaming, distribution of counterfeit software, or cheats for the Services
Accounts that have not earned a Cocoon Reward within 90 days or more are deemed inactive. Cocoon Rewards previously earned in these inactive accounts will be considered null and void. "Cocoon Rewards” are non-transferable and are void if a transfer is attempted. "Cocoon Rewards" do not have any monetary value, and may not be redeemed for cash, except where required by the applicable law. "Cocoon Rewards" may not be bartered or sold unless part of a Cocoon sponsored program. Cocoon Rewards accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law unless required by applicable law.
You further agree that Cocoon has the right at any time in its sole discretion to cancel and remove Cocoon Rewards if your account is found in violation of any of the terms held therein or for any reason at all in Cocoon’s sole discretion.
Fair Usage Policy. Cocoon reserves the right to cancel your account and block your IP if it has reasons to believe that you are using the Cocoon apps in a fraudulent manner in Cocoon’s sole discretion. If Cocoon detects unusual activity, we may require you to provide identification or other means of verification in order to verify the authenticity of your account including the number of devices registered to your account, the number of referrals you’ve invited, and the number of people in your household.
It is against these terms of service to earn through the applications without any user activity for any extensive period of time determined in Cocoon’s sole discretion.
Any user generated content submitted through email, Cocoon apps, or social media constitutes Feedback subject to clause 12 and as set out in that clause, becomes property of Cocoon and can be used in Cocoon's marketing efforts. User releases all rights to said content.
Notification with respect to Children's Privacy (Users under the age of 13)
In response to concerns about protecting children's privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. In accordance with the Company policy and COPPA regulations, we DO NOT:
Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age; or
Knowingly use or share personal information from users under 13 years of age with third parties;
We request that children under the age of 13 not submit any Personal Information to us via the Cocoon.com Services. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers. All points or tokens earned by a member who is later identified as being in violation of these terms will be removed from the account. Questions regarding children's privacy should be directed to: support@Cocoon.com
Confidentiality. At times, we may make available to you pre-release versions of the Software. All the terms of this Agreement apply to such pre-release versions of the Software. In addition these pre-release versions are not for use by the general public or any person not participating in the pre-release program and subject to this Agreement.
Term. The license to the Software granted under these Terms of Service remains in effect for a period of 100 years, unless earlier terminated by you or Cocoon in accordance with this provision. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Cocoon, if you breach any term of this Agreement. Upon termination, you must cease all use of the Software and promptly destroy all copies of the Software in your possession or control.
Changes to this Agreement. Cocoon reserves the right, at its sole discretion and at any time, to modify this Agreement or any portion thereof, at any time and without prior notice. If we modify this Agreement, we will post the modification on our Web site or provide you with notice of the modification. By continuing to access or use the Software after we have posted a modification on the Web site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified agreement. If the modified Agreement is not acceptable to you, your only option is to stop using the Software and uninstall it from any computers or devices on which you have it installed.
No Warranty; Disclaimer. To the maximum extent permitted by applicable law, the Software is provided "AS IS", and “AS AVAILABLE”, without warranty of any kind. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COCOON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Cocoon OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT COCOON AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ (“COCOON PARTIES”) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COCOON BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COCOON HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TWENTY DOLLARS ($20). IN NO EVENT WILL COCOON BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Cocoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless the Cocoon Parties from and against all claims, actions, demands, liabilities, costs, and expenses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Ending your relationship with Cocoon
The Terms will continue to apply until terminated by either you or Cocoon as set out below.
Cocoon may at any time, terminate its legal agreement with you if:(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Cocoon is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Cocoon offered the Services to you has terminated its relationship with Cocoon or ceased to offer the Services to you; or
(D) Cocoon is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Cocoon is, in Cocoon’s opinion, no longer commercially viable.
Nothing in this Section shall affect Cocoon’s rights regarding provision of Services under Section 4 of the Terms.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT COCOON’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”IN PARTICULAR, COCOON, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COCOON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
COCOON FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Copyright and trade mark policies
It is Cocoon’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Cocoon’s policy can be found at https://www.Cocoon.com/dmca.html.
Cocoon operates a trade mark complaints procedure in respect of Cocoon’s advertising business, details of which can be found at https://www.Cocoon.com/tm_complaint.html.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Cocoon on the Services are subject to change without specific notice to you.
In consideration for Cocoon granting you access to and use of the Services, you agree that Cocoon may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. Cocoon may have no control over any web sites or resources which are provided by companies or persons other than Cocoon.
You acknowledge and agree that Cocoon is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Cocoon is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Cocoon may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Cocoon will make a new copy of the Universal Terms available at https://www.getcocoon.com/eula and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Cocoon will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Cocoon and govern your use of the Services (but excluding any services which Cocoon may provide to you under a separate written agreement), and completely replace any prior agreements between you and Cocoon in relation to the Services.
You agree that Cocoon may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Cocoon does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cocoon has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cocoon’s rights and that those rights or remedies will still be available to Cocoon.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Cocoon is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Cocoon under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Cocoon agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Barbara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Cocoon shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Additional Terms for Extensions for Cocoon
These terms in this section apply if you install extensions on your copy of Cocoon. Extensions are small software programs, developed by Cocoon or third parties that can modify and enhance the functionality of Cocoon. Extensions may have greater privileges to access your browser or your computer than regular webpages, including the ability to read and modify your private data.
From time to time, Cocoon browser may check with remote servers (hosted by Cocoon or by third parties) for available updates to extensions, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
From time to time, Cocoon may discover an extension that violates Cocoon developer terms or other legal agreements, laws, regulations or policies. Cocoon browser will periodically download a list of such extensions from Cocoon’s servers. You agree that Cocoon may remotely disable or remove any such extension from user systems in its sole discretion.
Additional Terms for Enterprise Use
If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access Cocoon browser and to legally bind you to these Terms.
Subject to the Terms, and in addition to the license grant in Section 9, Cocoon grants you a non-exclusive, non-transferable license to reproduce, distribute, install, and use Cocoon browser solely on machines intended for use by your employees, officers, representatives, and agents in connection with your business entity, and provided that their use of Cocoon browser will be subject to the Terms.
We use the information we collect to:
Operate the Cocoon Network Provide you with information and services you request
Customize content, advertising, and your experience on the Cocoon Network Communicate with you about service updates and other administrative issues
Measure and improve our sites and services Resolve disputes, address complaints, and troubleshoot technical problems
Analyze site and user behavior and prepare aggregated reports Tell you about our services and those of our corporate family
Sharing and Disclosure
As our business evolves, the Cocoon Network may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. In such an event, data may be one of the assets transferred. Other Disclosures. We may disclose information when permitted by law or under the good-faith belief that such disclosure is necessary under applicable law; to comply with legal process served on the Cocoon Network; to protect the property or interests of the Cocoon Network, its agents and employees; or to protect personal safety or the public.
Opting Out of the Services
We provide multiple ways for you to opt out of our services. You may opt out of the collection of data collected by using tools provided by industry groups such as the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (the “DAA”). You may access the NAI opt-out tool here. This opt-out tool allows you to opt out of the data collection and preference-based ad programs of NAI member companies. These opt-out tools are cookie-based. Please note that these tools only prevent our third-parties from collecting data pertaining to you on the browser on which they are installed, and will only function if your browser is set to accept third-party cookies. If you delete an opt-out cookie from a browser’s cookie files, we will collect data from that browser until an opt-out cookie is reset on that browser.
If you send emails to a recipient through our site, they will receive your email address and any personal message you include. Although we do not retain in any easily retrievable way the addresses you email, these emails are not private communications. You may not use our email tools to send spam or content that violates the User Agreement.
The Cocoon Network does not tolerate spam. We do not send emails to anyone without permission, and we do not sell or rent email addresses to any unauthorized third party. This does not mean that we can prevent spam from happening on the Internet. If you believe that you have received an unsolicited email from us, please contact our Privacy Department and we will investigate.
Links to Other Sites
The Cocoon Network uses physical, electronic and administrative safeguards, including advances firewall and password protection for our databases to help protect the security of information. For example, we restrict access to your information to employees that need to know that information in order to operate, develop or improve our services. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
Cocoon.com 5425 Hollister Ave, Ste 160 Santa Barbara, CA 93111
Cocoon Opt-out Policy
1. Opt out in your device settings If end users do not want Cocoon to identify their mobile device, they can: (a) delete the Customer app or adjust the in-app settings of the Customer app if the app makes that option available (this will limit data collection from this app alone); or (b) opt-out of sharing your mobile advertiser ID by limiting ad tracking on the device.
For iOS, navigate to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting. For Android, open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”.
Apple opt-out help:
Google opt-out help: https://www.google.com/policies/technologies/ads/
For more information on specific opt-out choices, please visit: http://www.networkadvertising.org/mobile-choices
2. Give us your device information Please email email@example.com with your device info and we will block it from use in our system. If you need help locating your device info, get in touch and we will help.
For more details about what information we collect and how we use and share it, you can review our privacy practices.