Effective Date: January 31, 2019
1. Definitions and Interpretations
Whenever use in this Terms with an initial capital letter, the terms in this Section 1 and elsewhere in this Terms, whether use in singular or plural, shall have the meaning specified.
1.1 Content means television shows, movies, clips, and other audiovisual content.
1.2 Our video service, the Content, our player for viewing the Content and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Cookie TV through a variety of Access Points (defined below) are referred to collectively as the “Services.”
1.3 The term “Access Points” refers to, collectively, mobile applications, the cookietv.com website, and other places where any Services are available, including websites and applications of Cookie TV’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed Cookie TV.
2. Description of Service and Acceptance of Terms
3. Changes to the Terms
We may need to make changes to the Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at the Terms regularly. Any material change to the Terms will be effective immediately after the revised Terms are posted.
4. Access and Use of the Services
4.1 Access: You may use your Facebook account or a Cookie TV ID to log in. Your use of and access to any of our Service or Content may be limited if you do not have a Facebook account or a Cookie TV ID.
4.2 Age Limitations: Some of the Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the applicable age of majority in your territory or township of residence, you must register with Cookie TV only if you have the consent of your parent or guardian, including consent to the Terms on your behalf.
4.3 Your License: Cookie TV is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming basis or by download at Cookie TV, for personal purposes as set forth in the Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your purchase, rent, or subscription.
4.4 The Content:
a) Usage Rules and Limitations: You may only access and view the Content personally and for a non-commercial purpose in compliance with the Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Cookie TV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Cookie TV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless authorized by Cookie TV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, subtitles, and still images. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Cookie TV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b) Content Subjectivity: The Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and Cookie TV does not guarantee that you will agree with them. You acknowledge these risks.
c) Content Quality: Cookie TV uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Cookie TV is unable to make any warranties about the Content in these respects.
4.5 Live TV service: Cookie TV offers multiple Services that provide access to different types of Content. You may subscribe to a Service that provides different packages of live TV channels and related Content. If your subscription includes the Live TV service, please be aware of followings:
a) Commercials: If you subscribe to multiple Services, the terms of one Service will not impact those of another Service. For example, if you subscribe to both the Live TV Service and another Service featuring Content on-demand without commercials, you will still see commercials while streaming Content from the Live TV Service.
b) Live Content Restrictions: Certain live Content, including sporting events, may be unavailable due to your location, blackouts, or device-specific restrictions set by sports leagues and other parties that control Content rights.
c) Catch-up: Live TV service packages are provided with Catch-up service that enables you to watch the Content on certain channels on your demand for up to 1 week after they have been broadcast on Cookie TV. We do not guarantee you such duration of 1 week at all times due to our agreement with certain Content or Live TV channel holders or due to momentary technical problems. Some of the channels might not be available with Catch-up service subject to our agreement with the Content or Live TV channel license holders.
4.6 VOD service: Cookie TV also provides Video on Demand Service. Cookie TV has the sole discretion of deciding the retail price of Content in both TVOD and SVOD Services.
a) TVOD: Certain Content of Cookie TV is made available on a transactional rental basis, where you may view specific Content over a limited period of time in exchange for payment of a one-time fee (“TVOD”). Immediately upon submission of the corresponding price of the Content you would like to rent from us, you shall have 30 calendar days to begin viewing the rented Content at Cookie TV. You shall have no more than 72 hours, from the time you active the rented Content by hitting “Play Now” button, to complete viewing of the Content. Downloading the rented movie file to your device that is registered (defined in Section 4.11) to Cookie TV service is available on the TVOD Service. However, you acknowledge that certain Content are not available for download subject to our agreement with copyright holders. You have no more than 72 hours from the time you activate the downloaded Content by hitting “Play” button, to complete viewing of the Content.
b) SVOD: You may also subscribe to our monthly subscription-based plan in which you are given unlimited access to selected Video on Demand Content during the limited period of time. (“SVOD”). SVOD service can be purchased as a stand-alone item or as an add-on item with a Live TV service package. Downloading the movie offered in the SVOD service is not available.
4.7 Subscription Period Policy: Purchasing another subscription plan during your current subscription is allowed. If your current plan has not expired but if you wish to purchase another subscription plan(s), you need to newly subscribe to the plan by consuming the corresponding amount of Cookies (defined in Section 5.1) in accordance with the regular price of the plan. You can check the expiry date of each plan that you are subscribing to at present on your account related section of the mobile applications, the cookietv.com website, or other Access Points.
a) In the case that you have purchased the higher priced plan while you are still subscribing to the lower priced plan, you are able to exploit the higher priced plan from the moment the plan has been purchased (for instance, more Live TV channels will be available to watch immediately after the purchase) and until the end of the subscription period of the higher priced plan. The subscription period of the newly purchased higher priced plan becomes effective and starts to count from the moment you have made the purchase.
b) In the case that you have purchased the lower priced plan while you are still subscribing to the higher priced plan, you continue to exploit the higher priced plan until its expiration, however, once the higher priced plan expires, your subscription shall be automatically downgraded to newly purchased lower priced plan until the end of its subscription period. Your subscription period to the newly purchased lower priced plan becomes effective and starts to count from the moment it has been purchased.
c) Extension of the subscription period: In the case that you have purchased the same plan as the one you are currently subscribing to, the subscription period of the newly purchased plan begins and starts to count once the current subscription plan expires.
4.8 The Player: You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of our video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without: (i) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Player is located; and (ii) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click or touch-through advertising functionality.
4.9 Embedding a Video Using the Player: Where Cookie TV has incorporated an embed option in connection with Content on the Services, you may embed videos using the Player, provided you do not embed the Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Cookie TV (at Cookie TV’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Player into any hardware or software application, even for non-commercial purposes. Cookie TV reserves the right to prevent embedding to any website or other location that Cookie TV finds inappropriate or objectionable (as determined by Cookie TV at its sole discretion).
4.10 Compatible Devices: In order to access the Services, you will need to use a computer, mobile device, or other devices that meet the system and compatibility requirements that we establish on our FAQ (Frequently Asked Questions) of the Service at the mobile applications, the cookietv.com website, or other Access Points.(each, a “Compatible Device”). Please note that Compatible Devices may vary from time to time. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of the Service you are currently using.
4.11 Devices Registration: Up to three devices can be registered under one account. You can check currently registered devices under your account from “Settings” of the Service at the mobile applications, the cookietv.com website, or other Access Points. If the number of your registered devices is maximum (three registered devices) and you want to add a new device(s), you can remove the registered device(s) by hitting “Delete” button under “Settings”. However, you have to wait for thirty days starting from its registered date to delete the registered device.
4.12 Internet Service and Data Usage: In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
4.13 Ownership: You agree that Cookie TV owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Cookie TV and Cookie TV’s content programming team. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
4.14 Your Responsibilities: In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that;
a. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
b. uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Cookie TV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
c. involves accessing the Services (including the Content) through any automated means, including “bots”, “robots,” “spiders,” or “offline readers”;
d. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
e. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Cookie TV’s servers, computer network, or user accounts;
f. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
g. uses the Services to advertise or promote services that are not expressly approved in advance in writing by Cookie TV;
i. encourages conduct that would constitute a criminal offense or give rise to civil liability;
j. violates these Terms or any guidelines or policies posted by Cookie TV;
k. interferes with any other party’s use and enjoyment of the Services; or
l. Attempts to do any of the foregoing.
If Cookie TV determines at its sole discretion that you are violating any of the Terms, we may first notify you or immediately use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
4.15 No Spam/Unsolicited Communications: You may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 8), share or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Cookie TV.
4.16 Modification/Suspension/Discontinuation: We regularly make changes to the Services. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. Cookie TV reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and channels, and to otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time without notice. If Cookie TV terminates your account or suspends or discontinues your access to Services due to your violation of the Terms, then you will not be eligible for any credit, discount or other consideration which provided to you in accordance with Section 5. You also agree that Cookie TV will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a Cookie TV subscriber and Cookie TV suspends or discontinues your subscription to the Services.
4.17 Customer Service: If we can be of help to you, please do not hesitate to contact our Customer Service department by visiting our Customer Center, Customer Service, or Help on the Cookie TV mobile applications, the cookietv.com website, or other Access Points. We aim to provide the utmost level of Customer Service, but in the unlikely event that a Customer Service representative provides information that is inconsistent with the Terms, please be aware that the Terms will prevail.
5. Cookies, Bonus Cookies, Billing, Price and Promotion
5.1 Cookies: Cookie TV has a system in which you need to purchase “Cookies” in order to pay for the price for any of our Services. One Cookie is equivalent to one Myanmar Kyat.
5.2 Bonus Cookies: Bonus Cookies (“Bonus Cookies”) are complimentary Cookies that you may earn by participating in promotional events. Unlike “regular” Cookies that you pay for, Bonus Cookies are not transferrable. You cannot send or transfer Bonus Cookies to someone else or can’t give someone the movie you have bought with Bonus Cookies. Please also be advised that Bonus Cookies are valid for certain periods from the moment you earn it while “regular” Cookies do not expire.
5.3 Billing: The payment for the price is made by deducting the applicable amount of Cookies from your personal Cookies balance. We provide multiple payment methods (“Payment Method”) for you to top-up the amount of Cookies you would like to your personal account of Cookies. You can find your current Cookies balance and the transaction history in the account-related section of the Cookie TV mobile application, the cookietv.com website, or any other Access Points. By purchasing or attempting to purchase Cookies via any of the Payment Method we provide, you are expressly agreeing that we are authorized to charge you the corresponding amount of Cookies and that such ordered Cookies WILL NOT BE REFUNDED. There might be a minimum amount of Cookies required in order for you to top-up the amount. As used in the Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method and the transaction is made immediately after you confirm the purchase of chosen amount of Cookies. All amounts of Cookies you purchase are inclusive of 5% commercial tax.
5.4 Price: While we may offer certain Content from time to time for free, we charge different sorts of “price” for you to access to the Services. The Services may include different Content offerings and features, with different benefits, conditions, and limitations. You can find the specific details regarding the price structure of our Services within the Cookie TV mobile application, the cookietv.com website, or other Access Points. You can check your current status and history of subscription and TVOD rentals at any time on your account related section of the Cookie TV mobile applications, the cookietv.com website, or other Access Points. We might, at our discretion, give refund of the Cookies that you have consumed to pay for our Service only if there is proven technical error related to your transaction for the price. Cookie TV reserves the right to change the terms of your subscription or TVOD rental, including price, from time to time.
5.5 Promotions: In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Cookie TV may do so in Cookie TV’s sole discretion at any time without notice. Cookie TV may, in its sole discretion, provide you with a credit, discount or other form of consideration (for example, we may credit additional days of service to your account). If we offer you a promotion (e.g., a promotional price) for your subscription or the TVOD rental, the specific terms of the promotion will be disclosed within the mobile application, the cookietv.com website or other Access Points , or in other materials provided to you describing the particular promotion. In the case of promotional pricing for a subscription Service, after your promotion ends, we will begin charging you the regular price unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
6.1 Cookies: You can transfer Cookies that you have purchased and that you retain in your personal balance to someone else who already has an account at Cookie TV or who does not. (“Gift Cookies”) In order for you to transfer the Cookies, you may choose one of the third party social media services which are already installed to your device. The person you attempt to transfer the Cookies to will receive the notification of the Gift Cookies via the third party social media service that you have chosen. Once the receiver agrees to accept the Gift Cookies by selecting the “Claim the Cookies” button, the transfer will be completed. In the case that the receiver does not claim the Gift Cookies within 7 days from the moment the notification is received, the sent amount of Cookies will automatically be transferred back to the sender. There is no minimum amount of Cookies required to proceed with the Gift Cookies. You may withdraw or cancel the sent Gift Cookies if the Gift Cookies has yet to be claimed by the receiver. In such case, the sent amount of Cookies will be transferred back to you immediately upon selecting the “Cancel” button on your Cookies Balance related section of the Cookie TV mobile applications, the cookietv.com website, or other Access Points. In the case, the receiver who does not have an account at Cookie TV shall require to sign up for a new account first before claiming the Gift Cookies. There is a chance of technical failure of enabling the Gift Cookies. Cookie TV utilizes the third party social media services for the technical purpose of Gift Cookies only, therefore, we do not take any responsibility for any failure in connection with the Gift Cookies. By agreeing to the Terms, you acknowledge and accept that Cookie TV is exempted from any liability regarding any failure of the Gift Cookies and you shall indemnify and hold harmless Cookie TV from and against any and all fully adjudicated claims, losses, liabilities, damages or expenses arising from or related to the failure of the Gift Cookies.
6.2 TVOD: You can transfer Content that you have rented from our TVOD Service to someone else who already has an account at Cookie TV or who does not. (“Gift VOD”) In order for you to transfer the Content, you may choose one of the third party social media services which are already installed to your device. The person you attempt to transfer the Content to will receive the notification of the Gift VOD via the third party social media service that you have chosen. Once the receiver agrees to accept the Gift VOD by selecting the “Watch Now” button and confirms the claim, the transfer will be completed. In the case that the receiver does not claim the Gift VOD within 7 days from the moment the notification is received, the amount of Cookie that was consumed to rent such Content will automatically be transferred back to the sender. You may withdraw or cancel the sent Gift VOD if the Gift VOD has yet to be claimed by the receiver. In such case, the amount of Cookie that was consumed to rent such Content will be transferred back to you immediately upon selecting the “Cancel” button on your Cookie Balance related section of the Cookie TV mobile applications, the cookietv.com website, or other Access Points. In the case, the receiver who does not have an account at Cookie TV shall require to sign up for a new account first before claiming the Gift VOD. There is a chance of technical failure of sending the Gift VOD. Cookie TV utilizes the third party social media services for the technical purpose of Gift VOD only, therefore, we do not take any responsibility for any failure in connection with the Gift VOD. By agreeing to the Terms, you acknowledge and accept that Cookie TV is exempted from any liability regarding any failure of the Gift VOD and you shall indemnify and hold harmless Cookie TV from and against any and all fully adjudicated claims, losses, liabilities, damages or expenses arising from or related to the failure of the Gift VOD.
7. Accounts and Registration
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with the Terms and you agree to be responsible for their activity using the Services. All registration information you may need to submit must be accurate and updated. You are responsible for all use of your account, including unauthorized use by any third party. We reserve the right to immediately terminate or restrict your Cookie TV account or your use of the Services or access to Content at any time, without notice or liability, if Cookie TV determines in its sole discretion that you have breached the Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your Cookie TV account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. We would like to avoid such termination; therefore, we may use technology to limit activities and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
8. Collection and Use of Personal Information
9. Social Sharing
10. Linked Destinations and Advertising
Cookie TV, the Cookie TV logo, and other Cookie TV marks, graphics, logos, scripts, and sounds are trademarks of Cookie TV. None of the Cookie TV trademarks may be copied, downloaded, or otherwise exploited.
12. Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE COOKIE TV MOBILE APPLICATIONS AND THE COOKIETV.COM WEBSITE, THE CONTENT, THE PLAYER, THE COOKIE, THE GIFTING, THE FEATURES, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COOKIE TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL COOKIE TV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “COOKIE TV PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE COOKIE TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COOKIE TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). COOKIE TV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
13. Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify Cookie TV of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Cookie TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to [email protected] To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Cookie TV to identify and locate the material; (iv) how Cookie TV can contact you, such as your address, mobile number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Cookie TV has a policy of terminating repeat infringers in appropriate circumstances.
14. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
15. Limitation on Time to Bring a Claim
16. General Information
16.1 International Use: We are limited by the rights that our content holders grant to us. Using technologies to access the Content from territories where Cookie TV does not have rights or that are not permitted by the terms of the Services that you subscribe to, rent, or purchase is prohibited.
16.2 Export Controls: Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.
16.3 Choice of Law and Forum: The Terms are governed by, and construed in accordance with, the laws of the Republic of Korea without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 14 is not applicable, you and Cookie TV agree to submit to the exclusive jurisdiction of the courts located in the Republic of Korea.
16.4 No Waiver/Reliance: If you see other parties violating the Terms, we would appreciate it if you would let us know through our Customer Center, Customer Service or Help. Precisely how Cookie TV responds to a party that is violating the Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Cookie TV’s precise response with respect to one party or one situation as any indication of what Cookie TV might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of the Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of the Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Cookie TV’s decision to delay exercising or enforcing any right or remedy under the Terms shall not constitute a waiver of such right or remedy. Even if Cookie TV acts in a way that appears to you to be inconsistent with the Terms, Cookie TV’s action shall not be deemed a waiver or constructive amendment of the Terms.
Thank you for taking the time to read the Terms. By understanding and agreeing to follow the Terms, the experience will be better for all of our users. If you have any questions or comments about the Terms, please contact us at [email protected] or contact our Customer Center, Customer Service, or Help. Thank you very much.