1. Acceptance of Terms and Conditions of Use
The Policy describes how we handle your information when you use the Site. The Policy is part of and is incorporated into these Terms. You may view or print the current version of the Policy here www.cobomba.com/privacy
3. Use of the Sites and the Services
You agree to use the Sites and the Services in a manner consistent with any and all applicable laws, rules and regulations. You agree not to not use the the Sites or the Services or permit the Sites or the Services to be used to perform any file storage or other services for any third party. You will not upload or permit the the Sites or the Services to be used to upload any data that (A) infringes the intellectual property rights or other proprietary rights of any third party, (B) is unlawful or objectionable material or (C) contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots. You will not use or permit the use of any software, hardware, application or process that (A) interferes with the Sites or the Services, (B) interferes with or disrupts servers, systems or networks connected to the Sites or the Services, or violates the regulations, policies or procedures of such servers, systems or networks, (C) accesses or attempts to access another customer’s accounts, servers, systems or networks without authorization, or (D) harasses or interferes with another customer’s use and enjoyment of the Sites or the Services. You will not tamper with or breach the security of the Sites or the Services. We reserve all rights and remedies available to it including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
Through the Sites and/or the Services, we may provide you access to certain tools (such as Cobomba). You are not otherwise being given a license to such tools, unless so provided to you in a separate written agreement. With respect to any other materials provided to you on the Sites or through the Services as to which we are the copyright owner and as to which you have properly gained access, we hereby grant you a limited, revocable license to download and print copies but only in connection with the purposes for which you were granted access to the Site and/or the Services and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices.All materials not originating with us are provided for your interest and convenience only, and we do not endorse these materials nor the third parties who supply them, nor do we warrant or represent that these materials are current, accurate, complete or reliable.
5. Links to Third Party Sites
The Sites may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to its users, but such links do not (and will not) imply our endorsement of any linked site.
6. Linking to the Sites
We do not object to you linking directly to the information that is hosted on the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Sites from any website that is not owned by you. The Sites must not be framed on any other site. We may withdraw linking permission without notice.
7. User Registration; Your Account
To obtain access to the Services, you must complete a registration. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy.Once registered, you will have an account with us. You may open subaccounts for individual users who are affiliated with you, and—through your account—you may control which projects each subaccount may access. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account, password or any subaccounts that you create, and such use shall be deemed to be use by you. You will ensure that all use of your account and all associated subaccounts fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited. You are responsible for terminating subaccounts for individual users when such individual users are no longer affiliated with you or in any other circumstance that merits subaccount termination.
Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Unless otherwise stated in a separate written agreement with us, your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal by contacting our customer support team
. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law. We may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. We may also suspend the Services to you if we are investigating suspected misconduct by you. We have no obligation to retain your content upon termination of the Services.
9. Submitted Information
. You also agree that we may collect and use your data (as long as it is in an anonymous form that does not personally identify you) to better our own products and services, to perform market research, and for other analytical purposes.
10. DISCLAIMER OF WARRANTIES
THE SITES AND SERVICES ARE PROVIDED “AS IS” AND (I) WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (II) WE DO NOT WARRANT THAT THE SITES OR THE SERVICES OR ANY PART THEREOF, OR USE THEREOF WILL BE UNINTERRUPTED, ERROR-FREE, UNBREACHABLE OR VIRUS FREE, OR WILL MEET YOUR QUALITY AND PERFORMANCE REQUIREMENTS. YOU ASSUME THE ENTIRE RISK OF AND SHALL NOT HOLD US RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF YOUR DATA, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY US.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF BUSINESS, GOODWILL, DESTRUCTION OF PRODUCT, REVENUE, USE OR OTHER ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, OR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF YOUR DATA) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITES OR SERVICES OR ANY MATERIALS WE PROVIDE TO YOU, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE FEES PAID AND PAYABLE HEREUNDER FOR THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You shall indemnify and defend us, our officers, directors, members, employees and agents (the “Cobomba Indemnified Parties”) from and against all liability, claims, suits or other proceedings, including third party claims, whether threatened or filed resulting from or based on a claim or relating to (a) any breach by you of any obligation, covenant or representation contained in these Terms and/or any written agreement between you and us, (b) a claim that any of your data infringes any intellectual property rights of a third party, or (c) any claims brought against us and/or the Cobomba Indemnified Parties arising out of your use of the Site and/or Services.
13. International Use
By choosing to access the Sites and/or Services from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that the Sites and/or Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited.
14. Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.
15. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Sites and/or Services shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
16. Integration and Severability
The Terms constitutes the entire agreement between you and us with respect to the Sites and Services and supersedes all prior or contemporaneous communications and proposals with respect to the Site and Services. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of us. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We reserve the right, in its sole discretion, to terminate your access to all or part of the Sites and/or Services, with or without notice.