Thank you for using Coo! We hope you enjoy using our app, website and other products as much as we have enjoyed creating them. These terms and conditions describe your rights and responsibilities as a member of Coo and also set out what you can expect from us.
- Using Coo
2.1. Who can use Coo:Coo has been designed for parents and other adults. You may use our Products only if you can form a binding contract with Coo, and only in compliance with these Terms and all applicable laws. When you create your Coo account, you must provide us with accurate and complete information. You must use your real name, not a pseudonym. Providing false registration information violates our norms and could constitute a crime. You may not share your account password with anyone else (even a family member sharing your home). Any use or access by anyone under the age of 18 is prohibited. Registered sex offenders and their households are not eligible for Coo accounts, and we may also deny any account registrations we think would harm the Coo user community.
2.2. Our license to you: Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2.3. Upgrades: Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
3.1. Posting and creating content: Coo allows you to post content, including photos, comments, text, calendar and activity icons, links, and other materials. Anything that you post, create or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content generated from your Coo account. Do not provide us with any User Content that you do not have the right to publish or that is defamatory, infringing, illegal or otherwise tortious.
3.2. How Coo and other users can use your content: You grant Coo and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your User Content on Coo solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Coo may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
3.3. Coo rules on content: We would like to treat our users like the adults they are and not intervene or moderate discussions. However, we have rules that we expect you to follow when using our Products:
3.3.1. No personal attacks or inciting hatred on the basis of race, religion, gender, nationality, sexuality or other personal characteristic
3.3.2. No posts, comments or other activity that is illegal or breaks the law. This includes libel, defamation, condoning illegal activity and contempt of court
3.3.3. No spamming
3.3.4. No swearing, use of hate speech, obscenity or vulgarity.
3.4. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from Coo, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Coo and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Coo.
3.5. Use of your Feedback: We value hearing from our users, and are always interested in learning about ways we can make our Products even better for our users. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Coo does not waive any rights to use similar or related feedback previously known to Coo, or developed by its employees, or obtained from sources other than you.
- Security: We care about the security of our users. While we work to protect the security of your User Content and account, Coo cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
- Restrictions from Our Licensors: You have a non-transferable license to use the Coo iPhone app, on an iOS product that you own or control, only as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple does not have any obligation to furnish any maintenance and support services with respect to the Coo iPhone app. You must comply with any applicable third party terms of agreement when using the Coo iPhone app.
- Termination: Coo may terminate or suspend your account or this license or otherwise refuse service to you at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Section 3 (Content) and Sections 7 (Termination) through to 14 (General Terms) of these Terms.
- Indemnity: If you use our Products in breach of these Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Coo and its officers, directors, employees and agents (as well as their licensors and suppliers), from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), arising out of and in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
10.1. The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. We do not promise that any aspect of our software, service or Products will work properly or continuously or that the Products are free of viruses or other harmful components.
10.2. Coo specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
10.3. Coo takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10.4. Our Products are controlled and operated from the United Kingdom, and we make no representations that they are appropriate or available for use in other locations. Those who choose to access our Products from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
- Limitation of Liability: To the maximum extent permitted by law, Coo shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenues or property, or loss of anticipated profits or revenues, whether incurred directly or indirectly, or any loss of contracts, data, use, good-will, or other intangible losses, or any business interruption or increased cost of working and whether in tort (including, without limitation, negligence), contract or otherwise resulting from (a) your access to or use of or inability to access or use the Products; (b) any conduct or content of any third party on the Products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorised access, use or alteration of your transmissions or User Content, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing the Products or your downloading of any material from websites linked to the Products. If you choose to post your address or location or your intended location or any other such personal information within the app, you accept that this is entirely at your own risk and we are not responsible for any loss or harm which occurs as a result of your sharing any information about your address, location or intended location. In no event shall Coo’s aggregate liability for all claims relating to the Products exceed one hundred British pounds sterling (GBP £100). Nothing in these Terms in any way limits our liability for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
- Dispute Resolution: To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (“Dispute”), you agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any court proceeding. Such informal negotiations commence upon written notice from us to you or you to us.
- Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each of the parties irrevocably agrees that the courts of England and Wales are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms, its subject matter or formation, including a dispute in relation to its existence, validity or termination or any non-contractual obligation arising out of or in connection with them (save that Coo may take action in relation to enforcement of its intellectual property rights in any court worldwide).
- General Terms
14.1. Notification Procedures and changes to these Terms: Coo reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website and contained in our app. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
14.2. Notices: All notices, requests, claims, demands and other communications between us shall be in writing. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service, (iii) by first class, registered or certified mail, postage prepaid, or (iv) by electronic mail. Notice to Coo shall be sent or delivered to its registered company address or to [email protected] Notice to a user shall be sent or delivered to the address or electronic mail address that the User used to register with Coo or has listed on his/her profile page. All notices shall be effective upon (i) receipt by the person to whom notice is given, or (ii) on the third day following mailing, whichever occurs first.
14.3. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.4. Agency: These terms do not create any agency, partnership, joint venture, employment or franchise relationship.
14.6. No waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Coo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances.
14.7. Force Majeure: We shall be excused for any problem due to a circumstance beyond our control.
14.8. Third Party Rights: No provision of these Terms shall be enforceable under the Contracts (Right of Third Parties) Act 1999 (or its equivalent in other jurisdictions), by a person who is not a party to these Terms.