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| 1. Your Acceptance |
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A. By using and/or visiting this website (collectively, including all Content available through the Coocuu.com domain name, the "Coocuu Website", or "Website"), you signify your agreement to
- These Terms (the "Terms of Use"),
- Coocuu's privacy policy, found at Here and incorporated here by reference, and
- Coocuu's Community Values, found at Here and also incorporated here by reference.
If you do not agree to any of these Terms, the Coocuu privacy policy, or the Community Values, please do not use the Coocuu Website.
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B. Terms of Use are subject to change. You may need to periodically review the updated version. Coocuu may, in its sole discretion, modify or revise these Terms or policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
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| 2. Coocuu Website |
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A. These Terms apply to all users of the Coocuu Website, including users who are also contributors of video content, information, and other materials or Uses on the Website.
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B. The Coocuu Website may contain links to third party websites that are not owned or controlled by Coocuu. Coocuu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Coocuu will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Coocuu from any and all liability arising from your use of any third-party website.
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| 3. Coocuu Accounts |
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A. In order to access some features of the Website, you will have to create a Coocuu 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 Coocuu immediately of any breach of security or unauthorized use of your account.
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B. Although Coocuu will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Coocuu or others due to such unauthorized use.
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| 4. General Use of the Website -- Permissions and Restrictions |
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Coocuu hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:
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A. You agree not to distribute in any medium any part of the Website, including but not limited to User posting (defined below), without Coocuu's prior written authorization.
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B. You agree not to alter or modify any part of the Website, including but not limited to Coocuu's Embeddable Player or any of its related technologies.
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C. You agree not to access User posting (defined below) or Coocuu Content through any technology or means other than the promotion playback pages of the Website itself, the Coocuu Embeddable Player, or other explicitly authorized means Coocuu may designate.
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D. You agree not to use the Website, including the Coocuu Embeddable Player for any commercial use, without the prior written authorization of Coocuu. Prohibited commercial uses include any of the following actions taken without Coocuu's express approval:
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- Sale of access to the Website or its related uses (such as the Embeddable Player) on another website;
- Use of the Website or its related Uses (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Coocuu website or any third-party website, targeted to the content of specific User posting or Coocuu content;
- and any use of the Website or its related Uses (such as the Embeddable player) that Coocuu finds, at its sole discretion, to use Coocuu's resources or User posting with the effect of competing with or displacing the market for Coocuu, Coocuu content, or its User posting.
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E. Prohibited commercial uses do not include:
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- Uploading an original video to Coocuu, or maintaining an original channel on Coocuu, to promote your business or artistic enterprise;
- Using the Embeddable Player to show Coocuu videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Coocuu;
- Any use that Coocuu expressly authorizes in writing.
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F. If you use the Coocuu Embeddable Player on your website, you must include a prominent link back to the Coocuu website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
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G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the Coocuu servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Coocuu grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Coocuu 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 Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their posting.
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H. You will otherwise comply with the terms and conditions of these Terms of Use, Coocuu Community Values, and all applicable local, national, and international laws and regulations.
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I. Coocuu reserves the right to discontinue any aspect of the Coocuu Website at any time.
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| 5. Your Use of Content on the Site |
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In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Coocuu Website.
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A. The content on the Coocuu Website, except all user postings (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, Use marks and logos contained therein ("Marks"), are owned by or licensed to Coocuu, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, 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. Coocuu reserves all rights not expressly granted in and to the Website and the Content.
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B. You may access User posting solely:
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- For your information and personal use;
- as intended through the normal functionality of the Coocuu Use; and for Streaming.
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"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Coocuu Use to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available AS IS.
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C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Coocuu Use. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Coocuu Use or otherwise as prohibited under this Agreement.
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D. You may access Coocuu Content, User posting and other content only as permitted under this Agreement. Coocuu reserves all rights not expressly granted in and to the Coocuu Content and the Coocuu Use.
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E. You agree to not engage in the use, copying, or distribution of any content other than expressly permitted herein, including any use, copying, or distribution of User posting of third parties obtained through the Website for any commercial purposes.
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F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Coocuu Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Coocuu Website or the content therein.
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G. You understand that when using the Coocuu Website, you will be exposed to User posting from a variety of sources, and that Coocuu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such postings. You further understand and acknowledge that you may be exposed to User posting 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 Coocuu with respect thereto, and agree to indemnify and hold Coocuu, 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.
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| 6. User Posting and Conduct |
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A. As a Coocuu end user account or User account holder you may submit video and textual content, which are collectively referred to as "user postings." You understand that whether or not such User posting are published, Coocuu does not guarantee any confidentiality with respect to any User posting.
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B. You shall be solely responsible for your own User posting and the consequences of posting or publishing them. In connection with User posting, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Coocuu to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User posting to enable inclusion and use of the User posting in the manner contemplated by the Website and these Terms of Uses.
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C. For clarity, you retain all of your ownership rights in your User posting. However, by submitting User posting to Coocuu, you hereby grant Coocuu a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User posting in connection with the Coocuu Website and Coocuu's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Coocuu Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Coocuu Website a non-exclusive license to access your User posting through the Website, and to use, reproduce, distribute, display and perform such User posting as permitted through the functionality of the Website and under these Terms of Uses. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Coocuu Use. You understand and agree, however, that Coocuu may retain, but not display, distribute, or perform, server copies of User posting that have been removed or deleted.
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D. In connection with User posting, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Coocuu all of the license rights granted herein.
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E. You agree that your conduct on the site will comply with the Coocuu Community Values, found at Here , which may be updated from time to time.
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F. Coocuu is not responsible for the content of User postings and coupons, and does not endorse any User opinion, recommendation, or advice expressed therein. Coocuu expressly disclaims any and all liability in User posts or coupons. Coocuu does not permit copyright infringement or false information posting: for example, counterfeit or misleading coupons, and will remove them if notified. In addition, Coocuu does not permit infringement of intellectual property rights on its Website. Coocuu will immediately remove unauthorized content if properly notified that said content infringes on another's intellectual property rights or copyright. Coocuu reserves the right to remove User content without prior notice.
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| 7. Account Termination Policy |
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A. Coocuu will terminate a User’s or user’s access to its Website if, under appropriate circumstances, it is determined to be a misleading promotion.
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B. Coocuu reserves the right to decide whether content or user postings is appropriate and complies with these Terms of Use for violations other than that of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Coocuu may remove such postings and/or terminate a user's access for uploading such material in violation of these Terms of Uses at any time, without prior notice and at its sole discretion.
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| 8. Digital Millenium Copyright Act |
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A. If you are a copyright owner or an agent thereof and believe that any posting or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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- 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 Use provider to locate the material;
- Information reasonably sufficient to permit the Use 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.
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B. Counter-Notice. If you believe that your User posting that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User posting, you may send a counter-notice containing the following information to the Copyright Agent:
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- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept Use of process from the person who provided notification of the alleged infringement.
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If a counter-notice is received by the Copyright Agent, Coocuu may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Coocuu's sole discretion.
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| 9. Warranty Disclaimer |
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YOU AGREE THAT YOUR USE OF THE COOCUU WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COOCUU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COOCUU 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
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONSIN 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 COOCUU WEBSITE.
COOCUU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR USE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COOCUU WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COOCUU 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 USES. AS WITH THE PURCHASE OF A PRODUCT OR USE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
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| 10. Limitation of Liability |
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IN NO EVENT SHALL COOCUU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- EPERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- EANY 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 WEBSITE,
- EANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- EANY 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 COOCUU WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT 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 SPECIFICALLY ACKNOWLEDGE THAT COOCUU SHALL NOT BE LIABLE FOR USER POSTING 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.
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The Website is controlled and offered by Coocuu from its facilities in the United States of America. Coocuu makes no representations that the Coocuu Website is appropriate or available for use in other locations. Those who access or use the Coocuu Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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| 11. Indemnity |
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You agree to defend, indemnify and hold harmless Coocuu, 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:
- Your use of and access to the Coocuu Website;
- Your violation of any term of these Terms of Use;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User posting caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and your use of the Coocuu Website.
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| 12. Ability to Accept Terms of Use |
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You affirm 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. In any case, you affirm that you are over the age of 13, as the Coocuu Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Coocuu Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
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| 13. Assignment |
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These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coocuu without restriction.
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| 14. General |
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You agree that:
- the Coocuu Website shall be deemed solely based in California; and
- the Coocuu Website shall be deemed a passive website that does not give rise to personal jurisdiction over Coocuu, either specific or general, in jurisdictions other than California.
These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Coocuu that arises in whole or in part from the Coocuu Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Use, together with the Privacy Notice and any other legal notices published by Coocuu on the Website, shall constitute the entire agreement between you and Coocuu concerning the Coocuu Website. 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 Coocuu's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Coocuu reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Coocuu Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND COOCUU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COOCUU WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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