End User License Agreement (EULA)
Welcome to Cooliris, Inc.
The Cooliris Software enhances your ability to discover free content streamed from the web and our content providers along with advertisements that are most interesting to you. By installing or using the Cooliris Software, including but not limited to BeamIt, the Cooliris app, LiveShare, Cooliris browser addon, Cooliris embed wall, Cooliris Express, CoolPreviews, PicLens, and websites owned by Cooliris, you signify that you have read, understood, and agree to be bound by this End User License Agreement ("EULA"). If you disagree with any of the terms below or any future EULA, Cooliris does not grant you a license to use the Cooliris Software, and you may not use (or continue to use) the Cooliris Software. Certain information about you is subject to our Privacy Statement. For more information, see our full Privacy Statement at http://www.cooliris.com/legal/privacy/.
Cooliris reserves the right to update and change, at any time and without notice, this EULA and all documents incorporated herein by reference. You can find the most recent version of this EULA at http://www.cooliris.com/legal/terms/. Your continued use of the Cooliris Service after any such changes constitutes your acceptance of the new EULA.
1. LICENSE GRANT
The Cooliris software applications, documentation, and local computer files installed or utilized by the installer application, and any related services (collectively, the "Cooliris Service") are owned by Cooliris, or Cooliris's licensors and content and data providers ("Cooliris Licensors"). Cooliris hereby grants you a worldwide (except as limited below), non-exclusive, non-sublicenseable, limited, personal license to use the Cooliris Service, provided that: (i) you will not copy, distribute, or disclose any part of the Cooliris Service in any medium; (ii) you will not alter or modify any part of the Cooliris Service other than as may be reasonably necessary to use the Cooliris Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions set forth herein.
You understand and agree that any software or materials which may be made available by Cooliris, subject to an open source license or other open source terms ("Open Source Software") shall be and shall remain subject to the terms and conditions of the original providers and are not part of the Cooliris Service. Portions of this software are based in part on the Freetype library, a work of the Freetype team and licensed under the Freetype License. Portions of this software (Protocol Buffers) copyright (c) 2008 Google Inc. are licensed under the Apache License 2.0. Portions of this software (dcraw.c) copyright (c) 1997-2009 Dave Coffin are licensed for redistribution without RESTRICTED functions under "option c" of dcdraw distribution agreement.
This EULA defines legal use of the Cooliris Service, all updates, revisions, substitutions, and any copies of the Cooliris Service made by or for you. All rights not expressly granted to you are reserved by Cooliris or their respective owners.
Your license to the Cooliris Service under this EULA continues until it is terminated by either party. You may terminate the EULA by discontinuing use of all of the Cooliris Service and by uninstalling and destroying all your copies of any applicable Cooliris software. Upon termination for any reason, you continue to be bound by the surviving terms of this EULA. This EULA terminates automatically if you violate any terms of this EULA, including without limitation the Restrictions on Use and Ownership provisions below. Cooliris may, in its sole discretion, permanently or temporarily terminate, suspend, or otherwise refuse to permit you access to the Cooliris Service for any reason or no reason without notice or liability.
2. MEMBER ACCOUNTS
To access certain features of the Cooliris Service, you may need to register with Cooliris and create a "Member" account. The terms of this section shall apply in the event you are required to create such an account. Your account gives you access to the services and functionality that Cooliris may establish and maintain from time to time and in its sole discretion.
You may never use another Member'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 Cooliris immediately of any breach of security or unauthorized use of your account. Although Cooliris will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Cooliris or others due to such unauthorized use.
You may use your Account Settings to control your Member Profile. By providing Cooliris your email address you consent to Cooliris' use of such email address to send you notices related to the Cooliris Service, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of Cooliris communications by changing the preferences in your Account Settings. Cooliris may also use your email address to send you other messages, including changes to features of the Cooliris Service and special offers. You understand and acknowledge that opting out of Cooliris communications may prevent you from receiving email messages regarding updates, improvements, or offers.
3. RESTRICTIONS ON USE OF LICENSED SOFTWARE
a. YOU MAY:
(i) Install and personally use the Cooliris Service and any updates provided by Cooliris (in its sole discretion) in object code form on a personal computer or mobile device owned or controlled by you and may use the Cooliris Service for your own noncommercial use or benefit. If you desire to make commercial use of the Cooliris Service, please contact email@example.com.
(ii) Make copies of the Cooliris Service in object code form and distribute such copies to others within your employer's organization or website, which can be commercial and non-commercial, provided that any such recipient has had an opportunity to review and agree to be bound by this EULA. If others within your organization or recipients of the Cooliris Service do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to this EULA.
b. YOU MAY NOT:
(i) Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) based upon the Cooliris Service or any portion thereof, unless this is strictly for personal use or to debug such modifications;
(ii) Incorporate the Cooliris Service or any portion thereof with the exception of the included Open Source Software into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) Use the Cooliris Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA;
(iv) Use the Cooliris Service in connection with the operation of nuclear facilities, air traffic control systems, life support, or other similar mission critical application where human life or property may be jeopardized by the failure of the Cooliris Service. You understand that the Cooliris Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Cooliris is not responsible;
(v) Use or export the Cooliris Service in violation of applicable U.S. laws or regulations;
(vi) Sell, lease, loan, or sublicense the Cooliris Service or provide access thereto or derive income from the use or provision of the Cooliris Service, whether for direct commercial or monetary gain or otherwise, without Cooliris's prior, express, written permission;
(vii) Use the Cooliris Service in any manner that could damage, disable, overburden, or impair Cooliris's services or any of Cooliris's business partners' services, system integrity or security (e.g., you may not use the Cooliris Service in an automated manner), nor may you use the Cooliris Service in any manner that could interfere with any other party's use and enjoyment of Cooliris's services or Cooliris's business partners' services;
(viii) Use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Cooliris Service in a manner that sends more request messages to the Cooliris servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(ix) Collect or harvest any information or data from the Cooliris Service, nor use any communication systems provided by the Cooliris Service, for any commercial purposes, or attempt to decipher any transmissions to or from the servers running the Cooliris Service;
(x) Take any action that imposes, or may impose an unreasonable or disproportionately large load on Cooliris' infrastructure;
(xi) Upload invalid data, viruses, worms, or other software agents through the Cooliris Service;
(xii) Impersonating another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or
(xiii) Bypass or circumvent the measures we may use to prevent or restrict access to the Cooliris Service.
4. User Content
The Cooliris Service may allow you to post, upload, publish, display, link to, submit or otherwise make available various types of content, including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, feedback, comments, questions, and other information ("User Content"). You are solely responsible for any User Content that you post, upload, publish, display, link to, submit or otherwise make available (hereinafter, "post") through the Cooliris Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
YOU AGREE NOT TO POST USER CONTENT THAT:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) may constitute or contribute to a crime or tort;
(iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal;
(v) is pornographic or contains nudity;
(vi) contains any information or content that is illegal;
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(viii) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. Cooliris reserves the right, but is not obligated, to pre-screen, review, flag, filter, modify, reject, delete and otherwise remove any User Content. Cooliris does not endorse any User Content, or any of the views or opinions expressed therein. You understand that posting your User Content with the Cooliris Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.
For the purposes of this EULA, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Cooliris takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send using the Cooliris Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Cooliris Service, is solely your responsibility. Cooliris is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Cooliris shall not be liable for any damages you allege to incur as a result of such User Content.
Cooliris does not permit copyright infringing activities and infringement of intellectual property rights using the Cooliris Service, and Cooliris will remove or disable access to infringing User Content if properly notified that such User Content infringes another's intellectual property rights. Cooliris reserves the right to remove User Content and/or terminate or limit Member accounts of any Users who added infringing User Content to the Cooliris Service, whether or not there is any repeat infringement.
You are solely responsible for your interactions with other Cooliris Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users or third parties.
5. User Content License Grant
By posting any User Content using the Cooliris Service, you expressly grant, and you represent and warrant that you have a right to grant, to Cooliris and third parties as specified herein a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Cooliris Service. You expressly agree that by using the Cooliris Service, any third party may access and use your User Content. For avoidance of doubt, Cooliris shall have no responsibility in the event of any misuse of such User Content by such third party.
6. Ownership and Relationship of Parties
The Cooliris Service is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in the Cooliris Service, or this EULA. Cooliris and Cooliris's Licensors own all rights, title, and interest in and to their applicable contributions to the Cooliris Service. Except for your User Content, the Cooliris Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other Users' Content (the "Cooliris Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Cooliris and Cooliris' Licensors. Other than the limited license granted herein, nothing in this EULA shall be deemed to create a license in or under any such Intellectual Property Rights owned or licensed by Cooliris, including (but not limited to) the Cooliris Service and Cooliris trademarks, or to create any relationship between yourself and Cooliris's Licensors, or between you and Cooliris.
The Cooliris Service and its components contain software licensed from Cooliris Licensors ("Licensor Software"). The Licensor Software enables the Cooliris Service to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Cooliris Service, and any data accessed through the Cooliris Service, for your own personal non-commercial use only. Use of the Cooliris Content or materials accessible using the Cooliris Service for any purpose not expressly permitted by this EULA is strictly prohibited. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible using the Cooliris Service, and you agree not to assign, copy, transfer, or transmit the Cooliris Service, or any data obtained through the Cooliris Service, to any third party.
Without limitation to the foregoing, your license to use the Cooliris Service, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Cooliris Service, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this EULA against you directly in their own name.
7. Third-Party Websites, Advertisers or Services
8. Support and Service Updates
Cooliris may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Cooliris Service (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Cooliris may change, suspend, or discontinue any aspect of the Cooliris Service at any time, including the availability of any Cooliris Service feature, database, or content. Cooliris may also impose limits on certain features and services or restrict your access to parts or all of the Cooliris Service or the Cooliris web site without notice or liability.
You agree that Cooliris has no responsibility or liability for the loss, deletion or failure to receive or store any User Content maintained or transmitted by the Cooliris Service. You acknowledge that Cooliris reserves the right to log off or terminate accounts that are inactive for an extended period of time. You further acknowledge that Cooliris reserves the right to modify these general practices and limits from time to time.
Cooliris does not provide you with the equipment to access the Cooliris Service. You acknowledge you are responsible for all fees charged by third parties to access the Cooliris Service, including but not limited to charges by internet service providers and mobile services providers.
9. Disclaimer of Warranties by Cooliris
USE OF THE COOLIRIS SERVICE AND ANY DATA ACCESSED THROUGH THE COOLIRIS SERVICE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THE COOLIRIS SERVICE AND ANY SUCH DATA IS ARE PROVIDED "AS IS" AND "AS AVAILABLE." ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COOLIRIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE. COOLIRIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "COOLIRIS ENTITIES") AND COOLIRIS LICENSORS DO NOT REPRESENT THAT THE COOLIRIS SERVICE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE COOLIRIS ENTITIES AND COOLIRIS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COOLIRIS SERVICE, AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE COOLIRIS SERVICE, AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF THE COOLIRIS SERVICE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE COOLIRIS ENTITIES OR THE COOLIRIS LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COOLIRIS ENTITIES OR COOLIRIS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
COOLIRIS ENTITIES AND LICENSORS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COOLIRIS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COOLIRIS ENTITIES AND LICENSORS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COOLIRIS ENTITIES AND COOLIRIS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COOLIRIS ENTITIES OR COOLIRIS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
i. THE USE OR THE INABILITY TO USE THE COOLIRIS SERVICE;
ii. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COOLIRIS SERVICE;
iii. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COOLIRIS SERVICE; OR ANY OTHER MATTER RELATING TO THE COOLIRIS SERVICE;
v. ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE COOLIRIS SERVICE;
vi. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COOLIRIS SERVICE;
vii. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE COOLIRIS SERVICE BY ANY THIRD PARTY;
viii. ANY USER CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR
ix. ANY OTHER MATTER RELATING TO THE COOLIRIS SERVICE.
THOSE FOR LOSS OF BUSINESS PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. INFORMATION PROVIDED THROUGH THE COOLIRIS SERVICE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE COOLIRIS ENTITIES AND COOLIRIS LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. COOLIRIS MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE COOLIRIS SERVICE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE COOLIRIS SERVICE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT OR AVAILABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COOLIRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Without limiting the generality of the foregoing, in no event shall Cooliris's aggregate liability to you relating to, arising out of or in connection with the Cooliris Service exceed the sum of one hundred United States dollars (US$100). By using the Cooliris Service, you expressly agree that the limitations on Cooliris's liability contained in this EULA are reasonable and constitute a material inducement to Cooliris providing the Cooliris Service, without which Cooliris would not provide the Cooliris Service.
The Cooliris Service is controlled and operated from its facilities in the United States. Cooliris makes no representations that the Cooliris Service is appropriate or available for use in other locations. Those who access or use the Cooliris Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found through the Cooliris Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to defend, indemnify and hold the Cooliris Entities and Cooliris Licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney's fees) or demands, made by any third party in connection with or arising out of (i) your use of the Cooliris Service; (ii) any User Content submitted via your account; (iii) your violation of any terms or conditions of this EULA; (iv) your violation of applicable laws; (v) your violation of any rights of another person or entity, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; or (vi) any other party's access and use of the Cooliris Service with your unique username, password or other appropriate security code
12. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Cooliris Service, please notify Cooliris's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has 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 and information reasonably sufficient to permit the service provider to locate the material using the Cooliris Service;
- Information reasonably sufficient to permit Cooliris to contact you, such as your address, telephone number, and, e-mail address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
- Attn: DMCA Notice Administrator
- Cooliris, Inc.
- 653 Bryant Street
- San Francisco, CA 94107 USA
- Telephone: (650) 853-1265
- Email: firstname.lastname@example.org
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Cooliris and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Cooliris's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
If a counter-notice is received by the copyright agent, Cooliris may send a copy of the counter-notice to the original complaining party informing that person that Cooliris 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 ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Cooliris's sole discretion.
Please also note that under 17 U.S.C.§ 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
13. Government End Users
If the Cooliris Service and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Cooliris Service is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this EULA apply.
14. Controlling Law
This EULA and the relationship between you and Cooliris is governed by the laws of the State of California without regard to its conflict of law provisions. You and Cooliris agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to this EULA.
15. No General Waiver; Severability
The failure of Cooliris to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA 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 this EULA remain in full force and effect.
16. Complete Agreement
This EULA and the documents incorporated herein by reference constitute the entire understanding between the parties respecting use of the Cooliris Service, superseding all prior agreements between you and Cooliris. In the event of any conflict between the terms and conditions of this EULA and other agreements, the terms and conditions of this EULA will control, except to the extent that other agreements impose additional restrictions and liabilities on your actions.
This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cooliris without restriction.
18. Notification Procedures
Cooliris may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Cooliris in our sole discretion. Cooliris reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this EULA.
The Cooliris Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Cooliris Service by anyone under 13 is unauthorized, unlicensed, and in violation of this EULA. Cooliris may terminate your account, delete any content or information that you have posted via the Cooliris Service, and/or prohibit you from using or accessing the Cooliris Service (or any portion, aspect or feature of the Cooliris Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Cooliris Service only if you either are 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 this EULA, and to abide by and comply with this EULA.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
22. Surviving Provisions
Sections 4 through 7, 9 through 11, and 14 through 22, will survive any termination of this EULA.