Terms of Service

Last updated: September 2018

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE ON THIS WEBSITE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT ACCESS THE SITE AND USE THE SERVICE IMMEDIATELY.

In consideration for your use of the Service, you agree as follows:

GENERAL

If you choose to use contentos.io (the “Site”) and any of the features of the Site (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service (“Terms”) between you and us.

In addition, you accept and agree to be bound and abide by our Privacy Policy, found at https://contentos.io/privacy-policy, incorporated herein by reference; and our Cookies Policy, found at https://contentos.io/cookies-policy, incorporated herein by reference.

We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon our posting on the Site. It is your responsibility to review these Terms prior to each use of the Site and by continuing to use this Site, you agree to any changes. Please refer to the header of these Terms of Service to view date of the last updated version.

The Service is constantly evolving and by your use you acknowledge that the Service may change from time to time, at our sole discretion. We may permanently or temporarily stop providing the Service or any features within the Service to you or to users generally. We also retain the right to create limits on use and storage at its sole discretion at any time. We may also remove or refuse to distribute any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you.

PLEASE NOTE the Service is restricted for use by any persons under the age of 18. Before accessing 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 these Terms.

In your use of the Service, you will comply with all applicable laws. We hereby reserve 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.

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.

SITE CONTENT

The contents of the Site are intended for your personal and non-commercial use. All materials provided by us to Users on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, which is protected by copyright or other intellectual property rights owned by us (the “Site Content”). Elements of the Site Content are identified as being free from known restrictions under copyright law, including neighboring rights. You can copy, modify, perform, or distribute the work without asking permission, provided the work is not being used for commercial purposes.

For the purpose of clarity, Site Content is not (a) any source or object code pertaining to any functionality of the Site, (b) any of the apps or tools the Site makes available to users, (c) the contentos logo, insignia and other trademarks, (d) the look and feel of the contentos.io website and associated trade dress. All right, title, and interest in and to the Service (excluding User Content provided by users) are and will remain the exclusive property of us and its licensors. Any feedback, comments, or suggestions you may provide regarding us 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.

You may download or copy the Site Content and other downloadable items displayed on the Services for personal use only. Copying or storing of any Site Content for other than personal use is expressly prohibited without prior written permission from the legitimate right holders.

YOUR ACCOUNT

In order to access the full benefits of the Service, you will have to create a Contentos 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] We will not be liable for any loss or damage arising from any unauthorized use of your password and/or credentials prior to you notifying us of such unauthorized use or loss thereof. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of us, or others, due to such unauthorized use. All users of the Service are referred to herein collectively as “Users.”

WALLET

The wallet provided on the Site is provided to you as a platform to store and withdraw your cryptocurrencies (e.g. COS, BIT and ETH). The wallet does not involve in any cryptocurrencies or tokens transactions, including but not limited to purchase, sell, transfer or exchange transaction of alternative tokens, neither does the wallet allow you to purchase or sell cryptocurrencies in exchange for fiat currency. You need to abide by the applicable laws and rules governing your purchase, sell, transfer or exchange transaction of cryptocurrencies.

USER CONTENT

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 Singapore or any other jurisdiction, including, but not limited to patent, trademark, and copyright laws, and excludes any and all “Site Content”.

We offer Users the ability to Post User Content to, or transmit through, the Service. You understand, agree and acknowledge that we do not pre-screen any User Content submitted or publicly Posted by any User. Notwithstanding the foregoing, we reserve and have 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 or any applicable law or would be considered inappropriate or unacceptable or (ii) in response to any complaint(s) from other Users, with or without notice and without any liability to you. We do 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 we shall not be held liable for any such User Content under any circumstances.

You are the owner (or licensee) and retain the rights to the User Contents Posted and displayed on and through the Service by you. Notwithstanding the foregoing, you hereby grant us 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 us and the Service; (ii) displaying and sharing your User Content to other Users of the Service or to other apps or websites associated with us; 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 us 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 us 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 us will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by us in accordance with these Terms without notice to you and without any liability to us. 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 us 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.

By Posting User Content to the Service, you hereby represent and warrant that: (i) you own (or licensed to use) 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.

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.

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 we will not be held liable for any unauthorized use of User Content or comment thereon by any User, under any circumstance.

You are prohibited from Posting, and agree not to Post any User Content to the Service considered to be “Prohibited Content” as determined by us, 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).

Our Action. We reserve the right in our sole discretion to remove and refuse to post, or exhibit publicly any User Content, which we determine to be Prohibited Content. Furthermore, we in its sole discretion may, but is not obligated to, take any action(s) as 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 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 Users and the public. Notwithstanding the foregoing, we do 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.

PRIVACY POLICY

Our Privacy Policy 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 Singapore and/or other countries for the use, storage, and processing by us and our affiliates.

ACCESS AND AVAILABILITY OF SERVICES AND LINKS

The Services contain links to other related sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the such site.

TERM AND TERMINATION

As between you and us, the Term of these Terms, 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.

You may terminate these Terms by leaving the Site, deregister your account or terminating all other uses of the Service. 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 Site, but the removal or deletion of such User Content will not terminate these Terms. We reserve the right, in our 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, the applicable law, subject to an ongoing investigation or violate the rights of any third-party copyright owner. We 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 we reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

If we terminate your account for cause, as determined in our sole discretion, you agree and acknowledge that all of or your User Content and COS (if relevant under law) on the Service will be removed or frozen or confiscated with or without notice to you. In other words, play by the rules and adhere to these Terms of Service and any outstanding Site policies; failure to do so will result in the loss of your account and all of its content.

In the event Company terminates your account or confiscates any COS for cause, you will have an opportunity to appeal such decision. All information regarding the appeals process will be provided to you at the time of any termination, freezing or confiscation.

LIMITATION OF LIABILITY AND DISCLAIMER

WE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.

THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE COMPANY-RELATED SERVICES GIVING RISE TO THE CLAIM.

The foregoing terms of this Section apply to the fullest extent permitted by law.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use (or misuse) of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

THIRD PARTY DISPUTES

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release the Company Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MISCELLANEOUS

Except as expressly agreed by you and us, these Terms constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import.

These Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without our prior express written consent. We may assign these Terms or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Service.

Our failure to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against the Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Further, we will not be responsible for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of “Force Majeure.”

You agree that we will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.

By using the Service, you hereby consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

These Terms have been made in and shall be construed and enforced in accordance with Singapore law. Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration under the Singapore International Arbitration Centre.

The English version shall control in the event there is a discrepancy between any English version and any translation.

Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at [email protected]