Terms of Use
These Terms of Service (these Terms ) are between you ( you ), as either an individual or as a business entity, and Cougarly ( Company, we, us, or our ) governing your use of Cougarly mobile application (the App ) made available for download by the Company, and any related services, aspects, functions, software platforms and derivatives of the Cougarly Service (collectively, the "Service").
In consideration for your use of the Service, you agree as follows:
1. General Terms & Conditions
Changes To These Terms. You understand and agree that the Company may change these Terms at any time in its sole discretion without prior notice, provided that the Company will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Terms of Service that you may be required to accept in order to continue using the Service. You may read a current, effective copy of these Terms at any time by selecting the appropriate link on the Service. The revised Terms will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of these Terms of Service will govern any updates the Company provides to you that replace and/or supplement any portion of the Service, unless such update is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. Notwithstanding the preceding sentences of this Section 1.II, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the effective date of such revision.Additional Agreements & Terms. Your access to and use of the Service is also subject to the Company s Privacy Policy including any additional terms which are added to such Additional Agreements and made available to you from time to time. The terms and conditions of the Additional Agreements can be found directly on the App and the Cougarly website, and are incorporated herein by reference.
Age Eligibility. The Service is restricted for use by any persons under the age of 18 or for any users previously removed from the Service by Company. Before downloading, installing, or using the Service, you affirm that you are either eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms of this EULA. In any case, IF YOU ARE UNDER EIGHTEEN(18) YEARS OF AGE, YOU ARE HEREBY EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DELETE ALL THE FILES IN CONNECTION THEREOF IF ALREADY INSTALLED.
Services. The Service is accessible via mobile phone, website, tablet or other network devices (collectively, Services ). Your use of the Services is hereby an acknowledgement and acceptance of your network device s normal messaging, data, and other rates and fees, which may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your network device; not all Services may work with all carriers or devices. Therefore, you are solely responsible for verifying with your device as to whether the Services are available for your network device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
License. Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Company, in the manner permitted by these Terms. You may not reverse engineer, decompile or disassemble the Service or attempt to gain access to the source code for the Service, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
Company Trademarks; Copyrights. The Service is protected by trademark, copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Cougarly name or any of the Cougarly trademarks, logos, domain names, and other distinctive brand features or copyrighted material. All right, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of Company and its licensors. Any feedback, comments, or suggestions you may provide regarding Company, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
No Transfer or Assignment. You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without the prior written consent of the Company.
Termination for Breach. Your rights under these Terms will automatically terminate if you breach any of your material obligations hereunder. Upon any termination of these Terms, you will promptly destroy all copies of the Service and cease all use thereof after such termination.
Restrictions. The Service is provided as is without warranties of any kind and the Company s liability to you is limited. The Service may contain links (i.e. spam), or users of the Service may direct you to visit third party websites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services, and Company will not and cannot censor or edit the content of any such third-party site or services. The Company hereby reserves all rights not expressly granted to you in this Section 1. Accordingly, nothing in these Terms or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content (defined below) or trademarks located or displayed therein. By using the Service, and by choosing to visit any third party website or engaging in any action made known to you while using the Service, you acknowledge that you are doing so at your own discretion and you expressly relieve Company from any and all liability arising from your use of any third-party website or engagement of any third party services.
2. Cougarly User Accounts
Account Creation. In order to access the full benefits of the Service, you will have to create a Cougarly 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, including safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, you must notify the Company immediately at [email protected]. The Company will not be liable for any loss or damage arising from any unauthorized use of your password and/or credentials prior to you notifying the Company of such unauthorized use or loss thereof. Although Cougarly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cougarly, or others, due to such unauthorized use.Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as Users.
3. User Content
Definitions. As used in these Terms, User Content means any content that Users upload, post, or transmit (collectively, Post ) to or through the Service, including, without limitation, any Broadcast Content, comments or other text, photographs, sound recording, and any other works subject to protection under the laws of the United States of America or any other jurisdiction, including, but not limited to patent, trademark, and copyright laws, and excludes any and all Company Content, which is defined as content that the Company provides to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, which may be protected by copyright or other intellectual property rights owned by the Company.No User Content Screening. The Company offers Users the ability to Post User Content to, or transmit through, the Service. While the Company endeavors for all User Content to comply with its Community Guidelines (available for viewing on the App), you understand, agree and acknowledge that the Company does not pre-screen any User Content submitted or publicly Posted by any User. Notwithstanding the foregoing, Company reserves and has the right, but not the obligation, to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable law, or (ii) in response to any complaint(s) from other Users, with or without notice and without any liability to you. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Company shall not be held liable for any such User Content under any circumstances.
User Content Ownership; License. You are the owner and retain the rights to the User Contents Posted and displayed on and through the Service by you. Notwithstanding the foregoing, you hereby grant the Company a worldwide, unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and use (collectively, Use ) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been Posted, then your license grant with respect to your User Content is perpetual and irrevocable. You further grant the Company a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to the Company any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to the Company will be considered non-confidential and non-proprietary, and treated as such by the Company, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce your User Content on a royalty-free basis. This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to you or any third party involved in the creation of User Content.
User Content Reps and Warranties. By Posting User Content to the Service, you hereby represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party or will not be in violation of any applicable law or regulation.
Waiver of Rights to Inspect or Review User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
User Comments. You understand that upon submitting or Posting your User Content on or through the Service, such content may be distributed, viewed and accessed and commented by other Users and the Company will not be held liable for any unauthorized use of User Content or comment thereon by any User, under any circumstance.
Prohibited Content. You are prohibited from Posting, and agree not to Post any User Content to the Service considered to be Prohibited Content as determined by Company, in its sole discretion and which includes, without limitation:
Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and
Violence and Bullying (i.e. User Content shall not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
Hate Speech (i.e. User Content shall not promote bigotry, discrimination, hatred, intolerance, or racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not permitted); and
Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including, without limitation, stalking and sexually exploiting any User); and
IP Infringement (i.e. User Content which infringes on any third party s rights, including copyright, trademark, privacy and publicity rights).
Company Action. We reserve the right in our sole discretion to remove and refuse to post, or exhibit publically any User Content, which we determine to be Prohibited Content. Furthermore, Company in its sole discretion may, but is not obligated to, take any action(s) it deems necessary and/or appropriate against any User who Posts Prohibited Content on the Service, including, but not limited to, warning the User, suspending or terminating the User's Account, removing all of the User's User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly. We also reserve the right to access, read, preserve, and disclose any information or take any other legal action that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms of this EULA, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Users and the public. Notwithstanding the foregoing, the Company does not disclose personally identifying information to third parties except in accordance with our Privacy Policy (as further described below). You acknowledge that the Posting of any Prohibited Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third party claims arising from your Posting of Prohibited Content.
4. Privacy
Our Privacy Policy(can be found at: https://Cougarly.co/privacy as well as via the Apps) describes in detail how we handle the information you provide to us when you use the Service.You expressly understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of such information, including the transfer of this information to and throughout the United States, and/or other countries for the use, storage, and processing by Cougarly and its affiliates.5. IP Infringement
Reporting Claimed Infringement. We respect the intellectual property rights of others, and we expect that our community of Users will do the same. Users are thus expressly forbidden from posting any User Content that violates someone else s intellectual property rights, including, without limitation, copyright, and other proprietary rights. If you are a copyright owner or a copyright owner s agent and believe that any User Content infringes upon your copyrights, you may submit a Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):i)A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
ii)Identification of the copyright claimed to have been infringed;
iii)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 service provider to locate the material, as follows:
Display name (e.g. Cougarly)
Username
Broadcast title
Date of broadcast
Time of broadcast
Broadcast URL (if available)
iv)Information reasonably sufficient to permit the service provider to contact you,such as an address, telephone number, and if available, an email address;
v)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;
vi)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.
Designated Copyright Agent. Our designated Copyright Agent for notice of alleged copyright infringement appearing on the Service can be contacted at:
Via Email [email protected]
Company Action. We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the foregoing requirements, your Notice may be invalid. We reserve the right to remove User Content alleged to be infringing without prior notice to you and at our sole discretion. In appropriate circumstances, such as in cases of repeat infringement, we also reserve the right to suspend or terminate the infringing User s Account in our sole discretion.
Repeat Infringer Policy. The Company s intellectual property policy is to (i) remove or disable access to material that the Company believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by repeat infringers. The Company considers a repeat infringer to be any User that has uploaded User Content to or through the Service and for whom the Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512 with respect to such User Content. The Company has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon the Company s own determination.
Counter Notification. If you receive a notification from the Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Company with a Counter Notification which, to be effective must be provided, in writing, to the Company s Designated Agent via one of the methods identified in Section5.II above, and must include substantially the following information:
i)A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
ii)Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
iii)Identification of the specific 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 Company to locate the material;
iv)Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v)A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi)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.
We advise you to consult with a lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to the Company in response to a Notification of Claimed Infringement, then the Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that the Company will replace the removed User Content or cease disabling access to it in ten (10) business days, and the Company will replace the removed User Content and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, unless the Company s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Company s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act (17 U.S.C. 512(f)) provides, in pertinent part:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys fees, incurred by the alleged infringer, by any copyright owner or copyright owner s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
6. General Use of the Service
The Service is constantly evolving and by your use you acknowledge that the Service may change from time to time, at the Company s sole discretion. The Company may permanently or temporarily stop providing the Service or any features within the Service to you or to users generally. The Company also retains the right to create limits on use and storage at its sole discretion at any time. The Company may also remove or refuse to distribute any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you.In consideration for the Company granting you access to and use of the Service, you agree that the Company and its third-party providers and partners may place advertising on the Service or in connection with the display of User Content or information from the Service whether submitted by you or others. You also agree not to misuse the Service, as follows:
i)You agree not to distribute in any medium any part of the Service or the Company Content without Company s prior written authorization, unless Company makes available the means for such distribution through functionality offered by the Service; and
ii)You agree not to alter or modify any part of the Service; and
iii)You agree not to access the Company Content or the User Content through any technology or means other than the broadcast feeds and playback archives of the Service itself, or other explicitly authorized means Company may designate; and
iv)You agree not to use the Service for any of the following commercial uses unless you obtain Company 's prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content. Prohibited commercial uses does not include broadcasting original content on the App or maintaining an original broadcast feed on the App, to promote your business or artistic enterprise; or any other use that Company expressly authorizes in writing.
In your use of the Service, you will comply with all applicable Federal laws of the United States of America as well as the applicable laws of your state. Company hereby reserves the right to access, read, preserve, and disclose any information reasonably believed to be necessary, and to take any necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Service, its users and the public.
7. Premium Subscriptions
7.1 By downloading and using our Service and creating a free account, you become a Basic member after the Registration Process is complete. As a Basic member, you are entitled to access a minimal level of our Service’s features without any charge for these features. These features however, are subject to change, and we reserve the right to make changes and updates to the features as and when required.7.2. If you want unlimited access to all the features available on our Service, you can purchase a Premium subscription. A premium subscription allows Basic members to upgrade their memberships to Full (Premium) status and provides you with access to additional features of the Service that are not available to Basic members.
7.3 As a basic member, you have the option to purchase a Premium subscription at any time, and also have the option to cancel your Premium subscription and return to a basic membership at any point.
7.4 PREMIUM SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM SUBSCRIPTION IT WILL AUTOMATICALLY RENEW AT THE END OF EVERY PERIOD UNLESS YOU CANCEL IT THROUGH YOUR ITUNES OR GOOGLE PLAY ACCOUNT, OR IF YOU HAVE PAID FOR YOUR SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.
7.5 Upon subscription to a Premium account, payment will be charged to your iTunes or Google Play account or your registered credit card immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your settings in the iTunes or Google Play store, or by removing your credit card after purchase after purchase.
8. Confiscation of Virtual Items Due To Termination Or Fraud
IMPORTANT: The Company takes fraud extremely seriously. In addition to taking any applicable and necessary legal action, Company reserves the right to permanently confiscate any Virtual Items from any User Account that it determines, in its sole discretion, were purchased or acquired using fraudulent means; this includes confiscation of any Virtual Gifts received by you from another User in which such Virtual Gifts were purchased fraudulently. In the event Company determines that and Virtual Items were fraudulently purchased, Company will notify you prior to confiscation and allow you an opportunity to make an appeal via the App.If Company terminates your account for cause (including fraud), any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, as determined by Company in its sole and absolute discretion, in accordance with our Account Termination Policy specified below.
9.Term and Termination Of These Terms
Term. As between you and the Company, the Term of these Terms of Service, as it may be amended, commences as of the date of your first use of the Service and continues until the termination of these Terms by either you or the Company.Termination. You may terminate your license to the Services by sending notice to Cougarly at [email protected] with the subject line "Termination". If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the App, but the removal or deletion of such User Content will not terminate these Terms. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or our Community Policy, or violate the rights of any third party copyright owner. The Company may further terminate these Terms for any other reason upon ten (10) days notice to you using the email address associated with your account credentials. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances, however Company reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
If Company terminates your account for cause, as determined in its sole discretion, you agree and acknowledge that all of or your User Content and Virtual Items stored on the Service will be confiscated, with or without notice to you. In other words, play by the rules and adhere to these Terms of Service, and the Cougarly Community Policy; failure to do so will result in the loss of your account and all of its assets.
Appeals. In the event Company terminates your account or confiscates any Virtual Items for cause, you will have an opportunity to appeal such decision. All information regarding the appeals process will be provided to you via the App at the time of any termination or confiscation of Virtual Items.