| |
|
|
 |
|
 |
| |
| Terms of Use |
By using or posting to the BOCOO Online Site(the
"Site") you agree to these Terms of Use (the "Terms
of Use"), as they are supplemented or amended from time
to time by the terms and conditions published at www.bocoo.com/TermsofUse.If
you do not agree to any of these terms, then please do not use
the BOCOO Site.
BOCOO Site: Third Party Websites. These Terms of Use
apply to all users of the BOCOO Site, including users who contribute
video content, information, and other materials on the Site.
The BOCOO Site may contain links to third party websites that
are not owned or controlled by BOCOO. BOCOO assumes no responsibility
for the content, policies, or practices of any such third party
websites. In addition, BOCOO does not monitor, censor or edit
the content of any third-party website. The third party operators
of such websites are solely responsible for your experiences
on their websites. By using the BOCOO Site, you expressly release
BOCOO from any and all liability arising from your use of any
such Third-party websites. We encourage you to be aware when
you leave the BOCOO Site and to read the terms and conditions
and privacy policies of other websites that you visit.
By using the BOCOO Services, you represent and warrant that
(a) all registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the
BOCOO Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 14 years of
age.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or BOCOO has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, BOCOO has the right to suspend or terminate your
account and refuse any and all current or future use of the
Service (or any portion thereof).
TRADEMARK INFORMATION
The BOCOO. BOCOO logo, BOCOO(in Chinese characters), BOCOO's
trademarks and service marks and other BOCOO! logos and product
and service names are trademarks of BOCOO Inc. (the "BOCOO
Marks"). Without BOCOO's prior permission, you agree not
to display or use in any manner the BOCOO Marks.
License.
BOCOO hereby grants you a license to use the Site as set forth
in this Terms of Use, provided that: (i) your use of the Site
as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Site, including
any content of third parties posted on the Site, in any medium
without BOCOO's and the copyright owners' prior written authorization;
(iii) you will not alter or modify any part of the Site other
than as may be reasonably necessary to use the Site for its
intended purpose; and (iv) you will otherwise comply with these
Terms of Use.
In order to access some features of the Site, you will have
to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your
account password secure. You must notify BOCOO immediately of
any breach of security or unauthorized use of your account.
Although BOCOO will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for
the losses of BOCOO or others due to such unauthorized use.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Site in
a manner that sends more request messages to the BOCOO servers
in a given period of time than a human can reasonably produce
in the same period by using a convention on-line web browser.
Notwithstanding the foregoing, BOCOO grants the operators of
public search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives
of such materials. BOCOO reserves the right to revoke these
exceptions either generally or in specific cases. You agree
not to collect or harvest any personally identifiable information,
including account names, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes,
any users of the Site with respect to their User Submissions.
Intellectual Property Rights. The content on the BOCOO
Site, except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to BOCOO, subject
to copyright and other intellectual property rights under United
States and foreign laws and international conventions. Content
on the Site is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior
written consent of the respective owners. BOCOO reserves all
rights not expressly granted in and to the Site and the Content.
You agree to not engage in the use, copying, or distribution
of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions
of third parties obtained through the Site for any commercial
purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable
or otherwise interfere with security related features of the
BOCOO Site or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the BOCOO Site
or the Content therein.
User Submissions.
The BOCOO Site may now or in the future permit the submission
of videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, BOCOO does
not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize BOCOO to use all patent,
trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the
Site and these Terms of Use; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of
each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated
by the Site and these Terms of Use. For clarity, you retain
all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to BOCOO, you hereby grant
BOCOO a worldwide, non-exclusive, royalty-free, sublicense able
and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions
in connection with the BOCOO Site and BOCOO's (and its successor's)
business, including without limitation for promoting and redistributing
part or all of the BOCOO Site (and derivative works thereof)
in any media formats and through any media channels. You also
hereby grant each user of the BOCOO Site a non-exclusive license
to access your User Submissions through the Site, and to use,
reproduce, distribute, prepare derivative works of, display
and perform such User Submissions as permitted through the functionality
of the Site and under these Terms of Use. The foregoing license
granted by you terminates once you remove or delete a User Submission
from the BOCOO Site.
Prohibited Content and Activities. Following is a partial
list of the kind of Content that is illegal or prohibited to
post on or through the BOCOO Site. BOCOO may investigate and
take appropriate legal action against anyone who, in our sole
discretion, violates this provision, including removing the
Content from the BOCOO Site and terminating the subscription
of any violator. The following Content is prohibited; Content
that includes or links to another website that includes Content
that:
· is offensive and promotes racism, bigotry, hatred,
violence, disparagement or physical harm of any kind against
any entity, group or individual;
· harasses or advocates harassment of another entity,
group or person;
· exploits identifiable people;
· contains nudity, sexual content, violence, or
offensive subject matter or links to a website;
· solicits personal information from anyone under
18;
· provides any telephone numbers, street addresses,
last names, URLs or email addresses;
· includes information that is false or misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
· promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
· involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant
messaging or other "malware";
· furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating
computer viruses; or
· involves commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes.
In addition, the following activities are either illegal or
are prohibited by BOCOO, and BOCOO may investigate and take
legal action against anyone who, in our discretion, violates
this provision, including without limitation, reporting you
to law enforcement authorities. Prohibited activities include:
· criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, copyright infringement, patent
infringement, or theft of trade secrets;
· interfering with, disrupting or burdening any
BOCOO activities on the Site, including covering or obscuring
the banner advertisements;
· displaying an advertisement in your Content, or
accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on or through
the BOCOO Site, or sending private messages with a commercial
purpose; or
· using the BOCOO Site in a manner inconsistent
with any and all applicable laws and regulations.
In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") to
us. Include the following information in writing (see 17 U.S.C
512(c)(3) for further detail) with your inquiry:
· A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
· Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at
a single online site are covered by a single notification, a
representative list of such works at that site;
· Identification of the material that is claimed
to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service
provider to locate the material;
· Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
· A statement that you have a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Protecting Copyrights and Other Intellectual Property.
BOCOO respects the intellectual property of others, and requires
that our users do the same. You may not upload, embed, post,
email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or
other proprietary rights of any person or entity. BOCOO has
the right to terminate the Membership of infringers.
You understand that when using the BOCOO Site, you will be exposed
to User Submissions from a variety of sources, and that BOCOO
is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have
against BOCOO with respect thereto, and agree to indemnify and
hold BOCOO, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all
matters related to your use of the site.
If you believe your work has been copied and posted on or through
the BOCOO Services in a way that constitutes copyright infringement,
please send BOCOO a notification of claimed infringement with
all of the following information: (a) identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative
list of such works; (b) identification of the claimed infringing
material and information reasonably sufficient to permit us
to locate the material on the BOCOO Services (providing the
URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and, if available,
an email address; (d) a statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (e) a statement by you,
made under penalty of perjury, that the above information in
your notification is accurate and that you are the copyright
owner or a authorized to act on the copyright owner's behalf;
and (f) your physical or electronic signature. You can email
your notification of claimed infringement to: copyright@BOCOO.com.
BOCOO provides certain tools and technologies to help facilitate
copyright owners' control over their copyrighted works.
Warranty Disclaimer. YOU AGREE THAT YOUR
USE OF THE BOCOO SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, BOCOO, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF. THE BOCOO SITE IS PROVIDED
"AS-IS" AND BOCOO MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOCOO
SITE. BOCOO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE BOCOO SITE OR ANY HYPERLINKED SITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOCOO WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation
of Liability. EXCEPT WHERE LIMITED BY LAW, BOCOO'S
ENTIRE LIABILITY TO YOU FOR ANY DAMAGES, COSTS OR EXPENSES YOU
MAY INCUR AS A RESULT OF USING THE BOCOO SITE, EVEN IF KNOWN
TO US IN ADVANCE, IS LIMITED TO THE FEES YOU PAY TO US FOR USING
THE SITE DURING THE PRIOR TWO MONTHS, IF ANY. IN JURISDICTIONS
THAT RESTRICT LIMITATIONS ON LIABILITY OUR TOTAL AGGREGATE LIABILITY
TO YOU SHALL BE LIMITED TO ONE THOUSAND DOLLARS, U.S.? THIS
LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT,
AND YOU ACKNOWLEDGE AND AGREE THAT BOCOO WOULD NOT PROVIDE THIS
SITE FOR YOUR USE WERE ITS LIABILITY NOT SO LIMITED. IN NO EVENT
SHALL BOCOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
THE USE OF THE SITE, INCLUDING ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OTHER MALWARE OR THE LIKE, WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE BOCOO SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT BOCOO SHALL
NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
User Indemnification. You agree to defend,
indemnify and hold harmless BOCOO, its parent corporation, officers,
directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the BOCOO
Site; (ii) your violation of any term of these Terms of Use;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to
a third party. This defense and indemnification obligation will
survive these Terms of Use and your use of the BOCOO Site.
Ability to Accept Terms of Use. As a condition of your
use of the Site, you confirm to us that you are either more
than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of
Use, and to abide by and comply with these Terms of Use.
General. These Terms of Use may be changed
at any time by BOCOO without notice to you. Your subsequent
use of the Site constitutes your agreement to any changed terms.
You may not transfer the rights and licenses granted to you,
but BOCOO can assign its rights and obligations to anyone at
any time without notice to you. You agree that: (i) the BOCOO
Site shall be deemed solely based in Colorado, U.S.A. and these
Terms of Use shall be construed as being among residents of
the State of Colorado; and (ii) the BOCOO Site shall be deemed
a passive website that does not give rise to personal jurisdiction
over BOCOO, either specific or general, in any jurisdiction
other than Colorado, U.S.A. These Terms of Use shall be governed
by the internal substantive laws of the State of Colorado, U.S.A.,
without respect to its conflict of laws principles. In any claim
or dispute between you and BOCOO that arises in whole or in
part from the BOCOO Site you agree, as a condition of your use
of the Site, to submit to binding arbitration before the Judicial
Arbiter Group, Inc., ("JAG") in Denver, Colorado.
These Terms of Use, together with the Privacy Policy set forth
at http://www.BOCOO.com/t/privacypolicy constitute the entire
agreement between you and BOCOO concerning the BOCOO Site. If
any provision of these Terms of Use is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of
these Terms of Use, which shall remain in full force and effect.
No waiver of any term of this these Terms of Use shall be deemed
a further or continuing waiver of such term or any other term,
and BOCOO's failure to assert any right or provision under these
Terms of Use shall not constitute a waiver of such right or
provision. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO JURY
TRIAL, AND THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THE
BOCOO SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. |
|
|
 |
|
 |
|
