COGOO GAMES TERMS OF SERVICE
These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Origin Account to access, install or play as well as any Origin Account you use to access online or mobile products or services ("Cogoo Services") offered by Cogoo Games or any of its subsidiaries and affiliates (collectively, "Cogoo") for PC, game system or mobile device. These terms are an agreement between you and Cogoo Corporation. If additional terms and/or agreements apply to the Cogoo Service(s) used by you, those additional terms and/or agreements govern your use of Cogoo Services as well.
You agree to check teamcogoo.com/terms periodically for new information and terms that govern your use of Cogoo Services. Cogoo may modify the Terms of Service at any time. Revisions to terms affecting existing Cogoo Services shall be effective thirty (30) days after posting at teamcogoo.com/terms. Terms for new Cogoo Services are effective immediately upon posting at teamcogoo.com/terms
Table of Contents
1. Cogoo Account
4. Use and Expiration of Content and Entitlements/General License Restrictions
5. Content and Entitlement Availability
6. Contributing Third Party Content to Cogoo Services
7. UGC License Grant to Cogoo and Others
8. Paid Services
9. Termination of Cogoo Services
10. Cancellation of you Account
11. Rules of Conduct
12. Services Not Controlled By Cogoo
13. Software, Utilities and Tools
14. Export Control Laws
15. Updates to Cogoo Services
16. Limitations on Warranty and Liability
18. Links to Third-Party Sites
19. General Terms
20. Entire Agreement
21. Supplemental Terms
1. Cogoo Account A Cogoo Account ("Account") may be required to access and use some Cogoo Services. If you have questions about Account registration, please contact us at email@example.com To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Cogoo Service for which you are registering. In addition, some Cogoo Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Cogoo will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
2. Content "Content" on Cogoo Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Cogoo Services, as well as the design and appearance of our websites. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to Cogoo Services. Cogoo Content and UGC collectively shall be referred to as "Content." All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by Cogoo or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on Cogoo Services.
3. Entitlements "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Cogoo Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.
4. Use and Expiration of Content and Entitlements/General License Restrictions Cogoo grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Cogoo Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Cogoo Services as well as the products and services offered through Cogoo Services, are owned by Cogoo or Cogoo's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an Cogoo Service unless you are expressly authorized to do so. In addition, unless expressly authorized by Cogoo, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Cogoo Services you are using. Cogoo reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Cogoo and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Cogoo Services may result in the termination of your Account(s), prohibition on use of Cogoo Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Cogoo from any unauthorized or illegal conduct by you, or through the use of your Account, on Cogoo Services.
5. Cogoo Services, Content and Entitlement Availability Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Cogoo or an authorized retailer. Cogoo reserves the right to refuse your request(s) to acquire Entitlements, and Cogoo reserves the right to limit or block any request to acquire Entitlements for any reason. We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
6. Contributing UGC to Cogoo Services Cogoo does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Cogoo Services. You are solely responsible for your UGC and may be held liable for UGC that you post. Cogoo respects the intellectual property rights of others. You must have the legal right to upload UGC to Cogoo Services. You may not upload or post any UGC on Cogoo Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Cogoo may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Cogoo's or a third party's intellectual property or other rights, Cogoo may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account. Cogoo reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Cogoo determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Cogoo's sole and final discretion. To the maximum extent permitted by applicable law, Cogoo does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
7. UGC License Grant to Cogoo and Others When you contribute UGC to an Cogoo Service, you expressly grant to Cogoo and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Cogoo and its licensors all licenses, consents and clearances to enable Cogoo and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC. If the Cogoo Service on which you contribute UGC permits other users to access and use that UGC as part of the Cogoo Service, then you also grant all other users of the relevant Cogoo Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Cogoo Service without further notice, attribution or compensation to you.
8. Paid Services Some Cogoo Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit teamcogoo.com/help. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Cogoo reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a Cogoo Service, Cogoo will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Cogoo Service. You are responsible for reviewing the Cogoo Service to obtain timely notice of such changes. Your continued use of the Cogoo Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Cogoo will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. Cogoo Services does not service any form random items based on probability at this moment. In case of any form of Service that require payment for random items, Cogoo services will fully disclose probability.
If your use of Cogoo Services is subject to use or sales tax, then Cogoo may also charge you for any such taxes, in addition to the subscription or other fees.
A. Payment Options. You may pay fees using the methods available for the particular Cogoo Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Cogoo Service. When you provide credit card or other payment information to Cogoo, you represent to Cogoo that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Cogoo to automatically renew your subscription to an Cogoo Service by charging a valid credit card number which you have provided to Cogoo. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Cogoo's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Cogoo if your credit card is canceled (for example, for loss or theft). If you fail to provide Cogoo any of the foregoing information, you agree that Cogoo may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. Cogoo reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Cogoo. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. B. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Cogoo. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
9. Termination of Cogoo Services
Cogoo may terminate access to any online or mobile products and/or Cogoo Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Cogoo Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Cogoo’s discretion) provided to you via email or is posted on the applicable product or Cogoo Service.
Cogoo may also terminate access to Cogoo Services for violation of this Terms of Service, if Cogoo (in its sole discretion) deems that your use of Cogoo Services renders Cogoo Services less safe for others and/or minors or for illegal or improper use of Cogoo Services, Content, Entitlement, products, or Cogoo's Intellectual Property as determined by Cogoo in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, Cogoo may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Cogoo Services accessed by you, Cogoo may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Cogoo Services or certain Cogoo Services. You acknowledge that in such an instance Cogoo is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Cogoo Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Cogoo terminates your Account, you may not participate in an Cogoo Service again without Cogoo's express permission. Cogoo reserves the right to refuse to keep Accounts for, and provide Cogoo Services to, any individual. You may not allow individuals whose Accounts have been terminated by Cogoo to use your Account.
If your Account, or a particular subscription for a Cogoo Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Cogoo Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Cogoo Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at firstname.lastname@example.org.
10. Cancellation of your Account
You have the right to cancel your Account or a particular subscription to a Cogoo Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Cogoo Services. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Cogoo, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Cogoo's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Cogoo Services or any change in Content or Entitlements provided through Cogoo Services; (3) your ability to access and/or use Cogoo Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Cogoo Services and/or any Content or Entitlements thereon.
Contact Cogoo's Customer Service Department at email@example.com to cancel your Account. Cogoo reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Cogoo Services must be settled before you establish a new Account.
11. Rules of Conduct
You may violate the Terms of Service if, as determined by Cogoo in its sole discretion, you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of Cogoo Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an Cogoo Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an Cogoo employee or a representative of Cogoo, or attempt to mislead users by indicating that you represent Cogoo or any of Cogoo's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on Cogoo Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific Cogoo Service that you are using.
- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Cogoo Services.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to Cogoo staff.
- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Use any game hacking/altering/cheating software or tools.
- Modify or attempt to modify any file or any other part of the Cogoo Service that Cogoo does not specifically authorize you to modify.
- Post or communicate any person's real-world personal information using an Cogoo Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an Cogoo Service.
- Use and communicate exploits and/or cheats.
- Attempt to use Cogoo Software on or through any service that is not controlled or authorized by Cogoo Games. Any such use is at your own risk and may subject you to additional or different terms. Cogoo takes no responsibility for your use of Cogoo Software on or through any service that is not controlled by Cogoo.
- Interfere with the ability of others to enjoy playing an Cogoo Service or take actions that interfere with or materially increase the cost to provide a Cogoo Service for the enjoyment of all its users.
- Unless expressly authorized by Cogoo, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Cogoo Services, Content or Entitlements, including by use of auction websites.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
- Abuse or exploit bugs, undocumented features, design errors or problems in the game.
- “Role–playing” is not an excuse for violating this or any other policy.
Specific Cogoo Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Cogoo Services. Cogoo reserves the right to terminate your Account and to prevent your use of any and all Cogoo Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
Unless otherwise specified, there is no requirement or expectation that Cogoo will monitor or record any online activity on Cogoo Services, including communications. However, Cogoo reserves the right to access and/or record any online activity on Cogoo Services and you give Cogoo your express consent to access and record your activities. Cogoo reserves the right to remove any content from any Cogoo Service at Cogoo's sole discretion. Cogoo has no liability for your or any third party's violation of this Agreement.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Cogoo by contacting firstname.lastname@example.org.
12. Services Not Controlled By Cogoo
Some products may give you the option of using Cogoo Software on or through a service that is not controlled by Cogoo. For example, you may be given the option to play Cogoo Software online on servers not owned or controlled by Cogoo. Cogoo takes no responsibility for your use of Cogoo Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Cogoo controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
13. Software, Utilities and Tools
Cogoo Services may require or allow you to download software, software updates or patches, or other utilities and tools from Cogoo or its licensors onto your computer or device ("Cogoo Software"). Cogoo grants to you a non-exclusive, limited license to use Cogoo Software solely for the purpose stated by Cogoo at the time the Cogoo Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Cogoo Software, your use of the Cogoo Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Cogoo Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Cogoo Software. You may not modify Cogoo Software or use it in any way not expressly authorized in writing by Cogoo. You understand that Cogoo's introduction of various technologies may not be consistent across all platforms and that the performance of Cogoo Software and related Cogoo Services may vary depending on your computer and other equipment.
From time to time, Cogoo Games may provide you with updates or modifications to Cogoo Software. You understand that certain updates and modifications may be required in order to continue use the Cogoo Software and Cogoo Services.
14. Export Control Laws
Cogoo Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Cogoo Software from Cogoo, you warrant that you are not located in any country, or exporting Cogoo Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Cogoo Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Cogoo Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
15. Updates to Cogoo Services
IMPORTANT: COGOO MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF COGOO SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. COGOO RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
16. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF COGOO SERVICES, COGOO SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. COGOO SERVICES, COGOO SOFTWARE, COGOO PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF COGOO SOFTWARE OR COGOO SERVICES. COGOO DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. COGOO PROVIDES COGOO SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE COGOO SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COGOO WILL HAVE ADEQUATE CAPACITY FOR COGOO SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COGOO OR ITS LICENSORS ARISING OUT OF OR RELATING TO COGOO SERVICES AND/OR COGOO PRODUCTS IS TO STOP USING COGOO SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT COGOO, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON COGOO SERVICES OR USE OF COGOO SOFTWARE. IN NO CASE SHALL COGOO'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COGOO AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COGOO FOR COGOO SERVICES. IN NO CASE SHALL COGOO, ITS LICENSORS OR COGOO AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF COGOO SERVICES, COGOO SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF COGOO SERVICES OR ACCOUNTS. WHILE COGOO USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, COGOO AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY COGOO SERVICE, CONTENT, COGOO SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COGOO'S, COGOO'S LICENSORS' AND COGOO AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. COGOO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH COGOO AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon COGOO's and/or its licensors' request, you agree to defend, indemnify and hold harmless Cogoo, its licensors and Cogoo Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Cogoo Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Cogoo and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Cogoo Services and for all of your communication and activity on Cogoo Services, including any Content you contribute, and that you will indemnify and hold harmless Cogoo, Cogoo's licensors and Cogoo Affiliates from any liability or damages arising from your conduct on Cogoo Services, including any Content that you contribute.
Cogoo and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Cogoo and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
18. Links to Third-Party Sites
Cogoo Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Cogoo does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
19. General Terms
20. Entire Agreement
21. Supplemental Terms
Additional Terms and Conditions for Specific Cogoo Services
Certain Cogoo Services may require you to read and agree to terms and conditions that are specific to that Cogoo Service. Your right to use that Cogoo Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Cogoo will be the final and sole arbiter of any such inconsistencies.