Cocoscope Terms and Conditions
Effective June 14, 2018
We may change these terms so please check from time to time to take note of any changes.
In order to use Cocoscope, you need to be 18 or older, have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and be resident in a country where Cocoscope is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
“We”, “our” and “us”, refers to Cocoscope.
This website and associated services are provided by Cocoscope. You can contact us at legal@Cocoscope.com.
SERVICE LIMITATIONS AND MODIFICATIONS
Access to this website is permitted on a temporary basis.
We do not guarantee that our website or any part of it will always be available or be uninterrupted. We may suspend or change any part of our website without notice and we will not be liable if our website is unavailable.
We also reserve the right to suspend the use of the website generally or block your access to any part of the website and/or to suspend or terminate your rights to use the website or any part of it if we suspect misuse.
You are responsible for arranging your own access to the website and any service provider charges that may be incurred. On some devices, outgoing bandwidth may be used as part of our peer-to-peer content delivery network.
We will update our website from time to time but please note that any of the content may be out of date and you should not rely on it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
You may link to our website but only in a way that is fair and legal and does not damage our reputation or take advantage of it.
Use of this website is at the risk of the user and we accept no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website. This disclaimer applies to the fullest extent permitted by law.
All materials incorporated in or accessible through this website are protected by Irish and international copyright laws.
By accessing our website, you agree that you shall not breach another party’s intellectual property rights and that you will adhere to the terms of any license agreement.
You are responsible for all the activity on your account. Don’t infringe on others intellectual property rights. You cannot create content using others intellectual property unless you have written permission to use it, or use is protected by fair use.
By uploading Content to Cocoscope you grant us a non-exclusive, worldwide, royalty-free, transferable license to copy, edit, store, distribute and otherwise exploit your content. The purpose of this license is to allow us to operate Cocoscope, display Content on Cocoscope and to promote Cocoscope.
We grant the Creator a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use Cocoscope and its underlying intellectual property for the purpose of uploading, sharing and selling Content.
If you wish to inform us of any infringing, illegal or offensive material please email legal@Cocoscope.com.
You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any infringement by you or permitted by of a Creator’s rights.
We will not tolerate any use of the website which damages or is likely to damage our reputation, the availability or integrity of the website or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat the website with respect, and not to use the website for any illegal purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage.
We ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the website.
We also ask you to co-operate with any reasonable security or other checks or requests for information made by us from time to time and to comply with all instructions and policies from us from time to time in respect of the website.
You may not use this Platform to host content for external commercial uses, such as hosting unlisted videos for members of a third-party subscription website, without the prior authorization of Cocoscope. Failure to comply may result in the immediate termination of your account.
Content (including but not limited to videos, photos and holograms) is made available by third parties (Creators) through our platform. We require all Creators to confirm that their Content does not infringe any third-party rights and that they have the necessary permissions to make available and grant ongoing rights to Supporters.
We provide a platform for Creators to upload, share and sell their Content. As a Supporter, your contractual relationship relating to the Content is with the licensor or seller of the Content, and not with us.
When you purchase Content, it will be under the conditions and limitations of the license terms stipulated by the relevant Creator. These terms will be presented prior to completing the purchase of the Content. If you do not agree to those license terms, you must not purchase that Content.
As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information, whether oral or in writing, obtained by you from us shall create any warranty on our behalf in this regard.
Any exploitation of the Content by a Supporter which is outside of the Creators license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.
As a Creator, you are prohibited from uploading any Content which falls in the following categories: copyrighted Content to which you do not hold the required rights and/or license, adult content falling under the category of hardcore pornography, any Content advocating violence or hatred towards any individuals or groups, any Content showing individuals below the age of eighteen, or any Content violating the laws and regulations of the Republic of Ireland or the country the Content creator is currently residing in.
SELLING CONTENT AND CONTRIBUTIONS
Creators can make Content available for purchase via Cocoscope website. There is no obligation to sell through our website. Creators may remove Content from our website by accessing their account.
You, as a Creator, appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you.
Creators can set the sale price of Content at their discretion.
As a Supporter you can make a contribution to a Creator. Contributions are made voluntarily and at the sole discretion and risk of the contributor. We have no control over the quality, timing or the legality of Content and we do not guarantee that contributions will lead to any rewards.
When Content is purchased or a contribution made, they are visible in the Revenue section of the Creator account. The payment will be paid to a Creators nominated account at the start of each month if the cumulative revenue exceeds 100$ (one hundred USD). If the revenue does not exceed 100$ in a one-year period, the Creator may apply for a payment less than 100$ to be paid to his nominated account. We will deduct a 25% (twenty five percent) commission from the price of any purchases or contributions. Our commission will be automatically deducted before any revenue is paid to the Creator.
If you wish to delete your account and your channel has active Adopters, some restrictions may apply in order to protect you from chargebacks, which may otherwise occur as a result of your Adopters losing access to paid Content before their subscriptions have naturally elapsed. Firstly, upon request of the termination of your Cocoscope account, all active Adoptions will have their subscriptions cancelled, here meaning that they will retain access for rest of the subscription's duration, but not be rebilled or charged at the end of the defined term of the subscription. However, your channel and all Adopter Special videos will stay active and visible to Adopters until all remaining paid subscriptions have expired. After this, your channel will be manually deleted from Cocoscope. We reserve the right to alter the deletion process for Content creators depending on the circumstances of each individual creator.
We handle VAT payments for purchases and contributions made from the EU. If you are located in the EU, then VAT is added to the total charge.
RIGHT TO WITHOLD FUNDS
For the reasons of evading fraud, disputes, and other situations that may arise, 10% (ten percent) of the payment will be held back for a six-month period. You may keep track of the held back amount on your account.
If we do not comply with these terms, we shall be responsible for any loss or damage which could obviously be foreseen at the time we provide our services. All other liability is excluded.
We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude any liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, fraudulent behavior or for breach of your legal rights in relation to the products.
Where it is not possible to exclude liability, our liability is limited to the amount of money we have earned through your use of Cocoscope.
If any dispute arises regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the exclusive jurisdiction of the Irish courts.
We shall be permitted to transfer our rights and obligations under these terms to another party.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
No third party shall have any rights under these terms.
Any delay in enforcing our rights or bringing an action against you shall not be a waiver of our rights.
Where any of these provisions are found to be unlawful it shall, where possible, be construed to give a lawful meaning and where not possible it shall be deemed severed from these terms. The remainder of these terms shall remain in full force and effect.