This Agreement is by and between CO.CC Inc. and You, Your heirs,
agents, successors and assigns ("You"), and is made effective as of the
date of electronic execution. Before you begin using CO.CC, you must
read and agree to these CO.CC Terms of Service and the following terms
and conditions and policies, including any future amendments. If you do
not accept and abide by this Agreement, you may not use the CO.CC
service.
1. Age Requirement.
You must be at least eighteen (18) years of age to use the
Service. CO.CC reserves the right to refuse service to anyone at any
time without notice for any reason.
2. Privacy.
As a condition of using the Service, you agree to the terms of the
CO.CC Privacy Policy, which may be updated from time to time, as
expressed in the most recent version that exists at the time of your
use. You agree that CO.CC may access or disclose your personal
information, including the content of your communications, if CO.CC is
required to do so in order to comply with any valid legal process or
governmental request, or as otherwise provided in these Terms of Service
and the general CO.CC Privacy Policy. Personal information collected by
CO.CC may be stored and processed in Korea or any other country in
which CO.CC Inc. or its agents maintain facilities. By using the
Service, you consent to any such transfer of information outside of your
country.
3. Proper Use.
You agree that you are responsible for your own use of the
Service, for any posts you make, and for any consequences thereof. You
agree that you will use the Service in compliance with all applicable
local, state, national, and international laws, rules and regulations,
including any laws regarding the transmission of technical data exported
from your country of residence.
You agree to abide by the CO.CC Content Policy and the rules and
restrictions therein. Although we may attempt to notify you when major
changes are made to the CO.CC Content Policy, you should periodically
review the most up-to-date version. CO.CC may, in its sole discretion,
modify or revise the CO.CC Content Policy at any time, and you agree to
be bound by such modifications or revisions.
Violation of any of the foregoing, including the CO.CC Content
Policy, may result in immediate termination of this Agreement, and may
subject you to state and federal penalties and other legal consequences.
CO.CC reserves the right, but shall have no obligation, to investigate
your use of the Service in order to (a) determine whether a violation of
the Agreement has occurred or (b) comply with any applicable law,
regulation, legal process or governmental request.
Much of the content of CO.CC -- including the contents of specific
postings -- is provided by and is the responsibility of the person or
people who made such postings. CO.CC does not monitor the content of
CO.CC, and takes no responsibility for such content. Instead, CO.CC
merely provides access to such content as a service to you.
By their very nature, CO.CC may carry offensive, harmful, inaccurate
or otherwise inappropriate material, or in some cases, postings that
have been mislabeled or are otherwise deceptive. We expect that you will
use caution and common sense and exercise proper judgment when using
CO.CC.
CO.CC does not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any communications posted via
the Service or endorse any opinions expressed via the Service. You
acknowledge that any reliance on material posted via the Service will be
at your own risk.
4. Use and Storage.
You agree that CO.CC has no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content and
other communications maintained by the Service. CO.CC retains the right
to create limits on use and storage at our sole discretion at any time
with or without notice.
5. Content.
CO.CC takes no responsibility for third-party content (including,
without limitation, any viruses or other disabling features), nor does
CO.CC have any obligation to monitor such third-party content. CO.CC
reserves the right at all times to remove or refuse to distribute any
content on the Service, such as content which violates the terms of this
Agreement. CO.CC also reserves the right to access, read, preserve, and
disclose any information as it reasonably believes is necessary to (a)
satisfy any applicable law, regulation, legal process or governmental
request, (b) enforce this Agreement, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address
fraud, security or technical issues, (d) respond to user support
requests, or (e) protect the rights, property or safety of CO.CC, its
users and the public. CO.CC will not be responsible or liable for the
exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights.
CO.CC's Intellectual Property Rights. You acknowledge that CO.CC
owns all right, title and interest in and to the Service, including all
intellectual property rights (the "CO.CC Rights"). CO.CC Rights are
protected by Korea and international intellectual property laws.
Accordingly, you agree that you will not copy, reproduce, alter, modify,
or create derivative works from the Service. You also agree that you
will not use any robot, spider, other automated device, or manual
process to monitor or copy any content from the Service. As described
immediately below, CO.CC Rights do not include third-party content used
as part of the Service, including the content of communications
appearing on the Service.
Your Intellectual Property Rights. CO.CC claims no ownership or
control over any Content submitted, posted or displayed by you on or
through CO.CC services. You or a third party licensor, as appropriate,
retain all patent, trademark and copyright to any Content you submit,
post or display on or through CO.CC services and you are responsible for
protecting those rights, as appropriate. By submitting, posting or
displaying Content on or through CO.CC services which are intended to be
available to the members of the public, you grant CO.CC a worldwide,
non-exclusive, royalty-free license to reproduce, publish and distribute
such Content on CO.CC services for the purpose of displaying and
distributing CO.CC services. CO.CC furthermore reserves the right to
refuse to accept, post, display or transmit any Content in its sole
discretion.
You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content
submitted.
You may choose to submit, post, and display any materials on or
through the CO.CC service under a public license, whether by manually
marking your materials as such or using CO.CC service tools to do so.
For avoidance of doubt, CO.CC is not a party to any such public license
between you and any third party. Also, for avoidance of doubt, CO.CC may
choose to exercise the rights granted under (a) the public license or
licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service.
Unless expressly authorized in writing by CO.CC, you agree not to
reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes (a) any portion of the Service, (b) use of the
Service, or (c) access to the Service.
8. Warranties.
You represent and warrant that (a) all of the information provided
by you to CO.CC to participate in the Service is correct and current;
and (b) you have all necessary right, power and authority to enter into
this Agreement and to perform the acts required of you hereunder.
Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
9. Termination.
CO.CC may, in its sole discretion, at any time and for any reason,
terminate the Service, terminate this Agreement, or suspend or
terminate your account. In the event of termination, your account will
be disabled and you may not be granted access to your account or any
files or other content contained in your account although residual
copies of information may remain in our system for some time for back-up
purposes. Sections 2, 3, 5 - 7, and 9 - 14 of the Agreement, along with
applicable provisions of the general Terms of Service (including the
section regarding limitation of liability), shall survive expiration or
termination.
10. Indemnification.
You agree to hold harmless and indemnify CO.CC, and its
subsidiaries, affiliates, officers, agents, and employees from and
against any third-party claim arising from or in any way related to your
use of the Service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In such a
case, CO.CC will provide you with written notice of such claim, suit or
action.
11. Waiver of Terms.
The failure of CO.CC to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms of
Service remain in full force and effect.
12. Statute.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising of or related to use of CO.CC
services or the Terms of Service must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
13. Choice of Law.
These Terms of Service will be governed by and construed in
accordance with the laws of Korea, without giving effect to its conflict
of laws provisions or your actual state or country of residence. Any
claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in Korea, and you consent to the
jurisdiction of such courts.
14. Entire Agreement.
This Agreement constitutes the entire agreement between you and
CO.CC and governs your use of the Service, superseding any prior
agreements between you and CO.CC. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other CO.CC services, affiliate services, third-party content or
third-party software.
15. Member Conduct
You agree that you will not upload, distribute or reproduce on the Web Site:
a. any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of
such proprietary rights;
b. any material that is violent, threatening,
abusive, sexually explicit, obscene, offensive, hateful, derogatory,
defamatory, libelous or racially, ethnically or otherwise objectionable;
c. any material that promotes an illegal activity;
d. spam or junk mail or other material for a commercial purpose;
e. false or misleading material; or
f. any material that contains software viruses, bugs, worms or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment.
g. You will not use the Web Site in any unlawful manner; and
h. You will not use or attempt to use another Member's account or create a false identity on the Web Site.
16. Content Policy
a. Adult Content: We do not allow adult content, including images or videos that contain nudity or sexual activity.
b. Child safety: We have a zero tolerance policy towards content that exploits children. Some examples of this include:
c. Child pornography: We will terminate the
accounts of any user we find publishing or distributing child
pornography. We will also report that user to law enforcement.
d. Pedophilia: We do not allow content that encourages or promotes sexual attraction towards children.
e. Hate Speech: We want you to use Co.cc to
express your opinions. But, don't cross the line by publishing hate
speech. By this, we mean content that promotes hate or violence towards
groups based on race, ethnicity, religion, disability, gender, age,
veteran status, or sexual orientation/gender identity.
f. Crude Content: Don't post content just to be shocking or graphic.
g. Violence: Don't threaten other people on your website.
h. Copyright: It is our policy to respond to
clear notices of alleged copyright infringement. Please don't
provide links to sites where your readers can obtain unauthorized
downloads other people's content.
i. Personal and confidential information:
It's not ok to publish another person's personal and confidential
information. For example, don't post someone else's credit card
numbers, Social Security numbers, unlisted phone numbers, and driver's
license numbers. Also, please keep in mind that in most cases,
information that is already available elsewhere on the Internet or in
public records is not considered to be private or confidential under our
policies.
j. Impersonating others: Please don't
mislead or confuse readers by pretending to be someone else or
pretending to represent an organization when you don't.
k. Illegal activities: Don't use website to engage in illegal activities or to promote dangerous and illegal activities.
l. Spam: Spam can result in deletion of your account or domain names.
m. Malware and viruses: Do not create
website that transmit viruses, cause pop-ups, attempt to install
software without the reader's consent, or otherwise impact readers
with malicious code. This is strictly forbidden.
o. Enforcement of CO.CC's Content Policy
If you encounter a website that you believe violates our content
policies, please report it to us using the 'Spam or Abuse' link
located at www.co.cc.
If we find that a website does violate our content policies, we take one
or more of the following actions based on the severity of the
violation:
Delete the domain name
Disable the access to his/her domain names
Disable the access to his/her CO.CC account
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