Effective Date: August 2020
- Introduction & Agreement to Terms and Conditions
- Payment (Cookies), Billing, and Promotion
- Your Obligations
- Disclaimer of Warranties, Limitation of Liability and Indemnity
- Arbitration of Claims
- Limitation of Time to Bring a Claim
- General Information
1. Introduction & Agreement to Terms and Conditions
By registering, accessing and using any of the Services, you acknowledge that you have read and understood these Terms and accept and agree to be bound by these Terms.
We may modify these Terms at any time without prior notice by posting the modified Terms, which will be effective immediately upon the posting.
2.1 Account and Password: To sign in to a Cookie account and use the Services, You may use a Facebook account, Apple ID or a registered phone number that belongs to a primary account holder who had created the account, with a password created by the account holder. Your use of and access to any of our Services may be limited if you do not have a Facebook account, Apple ID or a registered phone number of the primary account holder and a password. Only a primary account holder can create and edit the password.
You may share your account or account information with others to use the Services; provided that you are solely responsible for all activities under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security involving your account that you become aware of. We reserve the right to immediately terminate or restrict your account or your use of the Services at any time without notice if we determine in our sole discretion that you have breached these Terms, violated any law, or engaged in other inappropriate conduct. We would like to avoid such termination; therefore, we may use technology to prevent such breach, violation or other inappropriate conduct by limiting certain activities, and you agree to respect these limitations and not take any measures to circumvent, prevent, or bypass them.
2.2 Minors: You must be at least 13 years of age to use the Services. If you are at least 13 and under 18 years of age, you may use the Services with the consent of your parent or legal guardian, in which case such parent or legal guardian agrees to be bound by these Terms on your behalf. By registering, accessing and using the Services, you represent that you are at least 13 years of age and (in the case of Users under 18 years of age) that your legal guardian or parent has agreed to be bound by these Terms.
2.3 Third-Party Accounts
COOKIE is a Live TV and video-on-demand streaming service with and without a 30-day-based subscription. Users shall not sell or distribute any television shows, movies, clips, and other contents offered as part of the Services (the “Contents”), in whole or in part, by any means. We grant each User a limited, non-exclusive and non-transferable license to access and use the Services and Contents for personal and non-commercial purposes only.
3.1 Live TV Service
Live TV services are only offered through a 30-day-based subscription plan.
(a) Packages and Prices: Live TV channel packages consist of three types depending on the number of licensed channels and compatible device restrictions.
(b) Catch-up: Live TV packages are provided with the Catch-up service that enables you to watch the Contents on certain channels on demand for up to 1 week after they have been broadcast on Cookie. Some of the channels might not be available with the Catch-up service subject to our agreement with the Contents or Live TV channel license holders.
3.2 VOD Service
Cookie provides two types of video-on-demand services: a subscription video-on-demand service (the “SVOD Service”) and a transactional video-on-demand service (the “TVOD Service”). Cookie has the sole discretion of deciding the retail price of the Contents offered under both TVOD and SVOD Services.
(a) SVOD Service: You may subscribe to one of our 30-day-based membership subscription plans (the “Subscription Plans”) under which you will have unlimited access to Live TV channels and selected video-on-demand Contents (each a “SVOD”) for a limited time. The SVODs cannot be purchased as a stand-alone, but are only offered as part of the Subscription Plans. Movies offered under the SVOD Service are not available for download.
(b) TVOD: Certain Contents are made available on a transactional rental basis. Upon payment of a one-time rental fee, you may watch the relevant Content (a “TVOD”) over a limited period of time.
(i) A rental period for each TVOD is 72 hours from the time at which the rented TVOD has been played.
(ii) TVOD Discounts: With subscription to the Subscription Plans, you may receive exclusive discounts on most TVODs for a different price range. The discount rates and prices are subject to change based on our sole discretion. No discounts are available for the Users who are currently not subscribing to any of the Subscription Plans.
(iii) Temporary Downloads: Subject to certain restrictions, some of TVODs will be available for temporary download so that you can watch the downloaded TVODs while you are offline.
3.3 General Restrictions
Unless expressly permitted under the terms of your subscription or by us in writing, You may not, either directly or indirectly by any means: (a) sell, rent, transfer or otherwise dispose of the Contents or any rights in and to the Contents; (b) copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content; (c) remove copyright, trademark, or other proprietary notice or label for the Contents; (d) attempt to deactivate, bypass, modify, invalidate or otherwise avoid digital rights management (DRM) mechanism; or (e) use the Contents for any commercial or illegal purposes.
4.1 Some of the Services require a paid subscription to access the service. By signing up for any of the Subscription Plans, you agree that your subscription is pre-paid and not refundable. From time to time, we may offer several membership plans, including special promotional plans, free trials or memberships offered by third parties in conjunction with the provisions of their products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
4.2 Subscription Period Policy: Purchasing another Subscription Plan during your currently active subscription period is allowed. In the case that you have purchased the higher-priced plan while you are still subscribing to the lower-priced plan, you can 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.
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. Your newly purchased lower-priced plan becomes effective and starts to count from the moment it has been purchased. Therefore, you may want to wait for your current higher-priced plan to expire and purchase a lower-priced plan to enjoy both benefits for the longest time.
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 starts to count once the current subscription plan expires.
Cookie offers one or more profiles under one account. Only the account holder and those with permission from the account holder may create a profile. We define the account holder as the one who has initially signed up for the Services with his/her Facebook account, Apple ID or registered phone number. The account holder may access profile details and delete or modify profiles associated with the account.
5. Payment (Cookies), Billing, and Promotions
5.1 Cookies: Cookie’s payment system uses our own platform digital currencies called “Cookies”, meaning that you need to purchase “Cookies” in order to pay for any of our Services. One Cookie is equivalent to one Myanmar Kyat.
5.2 Bonus Cookies: You may earn complimentary Cookies (“Bonus Cookies”) by participating in certain 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 gift any of the Contents to someone else by paying with Bonus Cookies. Please also be advised that Bonus Cookies are valid only for certain periods from the moment you earn them, while “regular” Cookies do not expire.
5.3 Billing and Refunds: Payment is made by deducting the applicable number of Cookies from your personal Cookies balance. We provide multiple payment methods for you to purchase and top-up the number of Cookies you would like to add to your account. You can find your current Cookies balance and the transaction history in the account-related section of the Cookie mobile application, Android TV, or cookie-tv.com website. By purchasing Cookies via any of the payment methods we provide, you expressly agree that we are authorized to charge you the corresponding number of Cookies and that such Cookies so purchased are NON-REFUNDABLE. There might be a minimum number of Cookies required for you to top-up the amount. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against the payment method you chose, and the transaction is made immediately after you confirm the purchase of chosen number of Cookies. All 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 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 mobile application, and the cookietv.com website, which may be amended from time to time, at our sole discretion, without any notice.
We may offer discounts on long-term Subscription Plans.
5.5 Promotions: We may experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, or pricing. You acknowledge that we may do so in our sole discretion at any time without notice.
Some promotions may or may not be able to be combined with other benefits.
5.6. Subscription Renewal Promotions:
To give additional benefits to Users for their long-term subscription to the Subscription Plans, we may offer complimentary VOD coupons when Users renew their Subscription Plans before the expiration of the existing Subscription Plans.
One (1) complimentary VOD coupon will be issued per each 30-day renewal of the existing Subscription Plan, and such coupons may be only applicable to the New Releases section. The coupons so issued are valid, as long as the renewed Subscription Plan is valid.
6. Devices & Network Environment
6.1 Compatible Devices: To access the Services, you will be required to use mobile devices, Android TV, or other devices that meet the system and compatibility requirements that we set out in our FAQ (Frequently Asked Questions) of the Service, available on the mobile applications, and cookie-tv.com website (“Compatible Devices”). Requirements for Compatible Devices may change from time to time. Features and functionalities that we make available through the Services may also differ by Compatible Devices.
6.2 Devices Registration: Up to ten mobile devices and an additional Android TV device can be registered under one account. You can check currently registered devices under your account from “Settings” of the Service on the mobile applications, cookie-tv.com website, or permitted devices. If your registered devices exceed the maximum number — ten mobile devices and one Android TV — and, yet, you want to add a new device(s), you can remove the existing registered device(s) by hitting “Delete” button under “Settings.” However, any registered device can only be deleted from the list of your registered devices after thirty (30) days from the date of its registration.
6.3 Internet Service and Data Usage: To use the Services, you must have high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. 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.
You must use the Services for lawful, non-commercial, and appropriate purposes only. You shall not engage in the following conduct when using the Services.
7.1 To violate or infringe upon any rights of Cookie and/or any third party, including but not limited to intellectual property rights, such as copyrights, patents, trademarks and privacy, and/or other proprietary rights relating to or in connection with the Contents and Services. For the avoidance of doubt, The following activities are expressly prohibited: (1) reproducing, copying, unauthorized downloading, transmitting, ripping, recording, making available to the public, creating derivative works, in part or in whole, of the Services or Contents by any means, or (2) removing or modifying any intellectual property notices, or other notice of ownership of Cookie and/or the third party, provided through the Services.
7.2 To intentionally misrepresent Cookie or to disseminate false information about Cookie, the Contents or the Services.
7.3 To disrupt or interfere with or otherwise damage the Services or to gain unauthorized access to the Services, including our servers or network system.
7.4 To collect, disclose or provide to any third party other User’s personal information.
7.5 To use the Services for sales, marketing, advertisement, or any other commercial purposes (except as expressly approved in advance by Cookie) or to use the Services for the purpose of sexual conducts or obscene acts.
7.6 To violate these Terms.
8. Your Obligations
You are responsible for all actions carried out under your account and any results thereof.
8.1 If we determine that you have violated any of these Terms, we may terminate your account or use technical measures to block or restrict your access or use of the Services.
8.2 If we terminate your account or suspend your access to Services due to your violation of these Terms, you will not be eligible for any credit, refunds, or other consideration in connection with or relating to any payment you have made. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services
8.3 In the event Cookie incurs any financial losses or damages directly or indirectly from your violation of these Terms or applicable laws, we may demand compensations for such losses or damages.
8.4 We may take legal actions, both criminal and civil, to the extent permitted by law in case of infringement of intellectual property rights owned by Cookie or licensed to Cookie by a third party.
9. 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, CONTENTS, AND SOFTWARE ASSOCIATED THEREWITH, INCLUDING THE COOKIE MOBILE APPLICATIONS AND THE COOKIE-TV.COM WEBSITE, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, 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 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 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 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 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 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 CONTENTS). COOKIE 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.
10. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
11. Limitation on Time to Bring a Claim
12. General Information
12.1 International Use: We are limited by the rights that our content holders grant to us. Using technologies to access the Contents from any territory [outside Myanmar] is prohibited.
12.2 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.
12.3 Choice of Law and Forum: The Terms are governed by, and construed under, the laws of Myanmar without giving effect to its conflicts of law principles. To the extent that the arbitration provision outlined in Section 11 is not applicable, you and Cookie agree to submit to the exclusive jurisdiction of the courts located in Yangon, Myanmar.
12.4 No Waiver/Reliance: If you see other parties violating these Terms, we would appreciate it if you would let us know through our Customer Center, Customer Service, or Help. Precisely how Cookie responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Cookie’s precise response concerning one party or one situation as any indication of what Cookie 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. Besides, you may not construe a waiver of any provision of these Terms by any party as a waiver of that provision (or any other provision) concerning either that party or any other party. Further, Cookie’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Cookie acts in a way that appears to you to be inconsistent with these Terms, Cookie’s action shall not be deemed a waiver or constructive amendment of these Terms.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all of our users. If you have any questions or comments about these Terms, please contact us at [email protected] or contact our Customer Center, Customer Service, or Help. Thank you very much.