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Terms of Use

The terms of this agreement (“Terms of Use”) govern the relationship between you and Bold Byte Tech Limited (hereinafter referred to as “Cozmo Play”, “us”, or “we”) regarding your use of Cozmo Play’ games, websites, and related services (the “Service”). Use of the Service is also governed by Cozmo Play’s Privacy Policy, which shall be incorporated with and considered an integral part of these Terms of Use.

Before accessing or using the Service, including browsing any Cozmo Play website or accessing a game, you must agree to these Terms of Use and the Privacy Policy. By using the Service, you indicate that you are age 18 (or the legal age to gamble in the jurisdiction in which you reside, if higher) and that you understand and agree to these Terms of Use. If you access the Service from a Social Networking Site such as Facebook, you shall comply with its Terms of Use/use as well as these Terms of Use.

By installing, using, or otherwise accessing the Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use or otherwise access the Service. To avoid doubt, the use of the Service is void where prohibited under local legislation.

Cozmo Play reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use and its Privacy Policy at any time by posting the amended terms on the Cozmo Play Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any time you do not agree to any portion of the then-current version of our Terms of Use, Privacy Policy, or any other policy as may be established by Cozmo Play from time to time, rules, or codes of conduct relating to your use of the Services, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

Cozmo Play cannot promise that the Service will be fault-free. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new content. In these cases, we will attempt to restore access as soon as we reasonably can.The Service may provide content from other internet sites or resources and while Cozmo Play will endeavour to ensure that material included is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to such content.

We will not be responsible for any losses whatsoever that you may suffer, whether direct, indirect or consequential, as a result of or as a consequence of your use of the Service.

 

1 LICENSE

1.1 Grant of License and Limitations

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Cozmo Play policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not access the Service if you are under the age of 18 (or the legal age to gamble in the jurisdiction in which you reside, if higher). You shall restrict use by minors, and you will deny access to children under the age of 18 (or the legal age to gamble in the jurisdiction in which you reside, if higher). You accept full responsibility for any unauthorized minors' use of the Service.

You shall not use the Service if you have previously been removed by Cozmo Play or previously been banned from playing any of Cozmo Play games.

You shall use the Service only for non-commercial purposes. You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone. You shall not use the Service or any portion thereof (including but in no way limited to any image, graphic, or title) in conjunction with any other games, products, services or software without Cozmo Play’s express written consent.

As a condition of your use of the Service, you warrant and undertake to Cozmo Play that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You must not attempt to gain unauthorized access to the Service, the servers on which the Service is stored, or any server, computer or database connected to the Service. When breaching this provision, we will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

Any use of the Service in violation of the limitations below is strictly prohibited and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:

Engage in any act that Cozmo Play deems to be in conflict with the spirit or intent of the Service or make improper use of Cozmo Play’s support services.

Use exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service or any Cozmo Play game, without express written consent from us.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Cozmo Play game environment.

Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

Attempt to gain unauthorized access to the Service, Servers, or networks connected to the Service by any means other than the user interface provided by Cozmo Play.

Post any information that is abusive, threatening, obscene, defamatory, libellous, racially, sexually, religiously, or otherwise objectionable or offensive.

Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Cozmo Play employees and customer service representatives.

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Cozmo Play employee.

Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service.

Obtain any information from the Service or any Cozmo Play game using any method not expressly permitted by Cozmo Play.

Cozmo Play reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. Cozmo Play reserves the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.

 

1.2 Suspension and Termination of Account and Service

Without limiting any other remedies, Cozmo Play may limit, suspend, terminate, modify, or delete accounts or access to our Service or portions thereof if you are (or Cozmo Play suspects that you are) failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Service, with or without notice to you.

Without limiting our other remedies, we may limit, suspend, or terminate the Service, prohibit access to our games and sites, and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service if we believe that they are creating risk or possible legal liabilities infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies.

Cozmo Play reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, to avoid doubt, Cozmo Play shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Service or part thereof.

 

OWNERSHIP

2.1 Intellectual Property Rights

All rights, titles and interest in and to the Service (including without limitation any website design, text, graphics, photographs, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, underlying source code, software and other proprietary rights) are owned by or licensed to Cozmo Play. We reserve all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with each game and the Service. You acknowledge you are not allowed to reproduce the Service or any part of it in any form whatsoever without Cozmo Play’s express written consent. To the extent that any material may be downloaded or printed, then such material may be downloaded to a single personal computer only, and hard copy portions may be printed solely for your own personal and non-commercial use. Under no circumstances shall the use of the Service grant you any interest in any intellectual property rights owned by us or by any third party whatsoever. No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos except if specifically permitted in writing by the owner of such rights. Any breach of this requirement which we become aware of will be notified within reasonable time to the respective intellectual property right owner for undertaking appropriate action and enforcement.

 

2.2 User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Cozmo Play client or the Service or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is compromised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Cozmo Play in accordance with its Privacy Policy.

Cozmo Play reserves that right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

 

USER CONTENT

3.1 Content Screening

Cozmo Play assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including, without limitation, chat text) when you are using the Service.

By agreeing to these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.

If at any time Cozmo Play chooses, in its sole discretion, to monitor the Service, Cozmo Play nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, at our sole discretion to edit, refuse to post or remove any User Content.

 

3.2 Information Use by Other Members of the Service

The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Cozmo Play cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. Cozmo Play has no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

You are solely responsible for the information you post on, through, or in connection with the Service and that you provide to others. Cozmo Play may reject, refuse to post, or delete any User Content for any or no reason, including but not limited to User Content that, in the sole judgment of Cozmo Play, violates these Terms of Use.

3.3 License

You hereby grant to Cozmo Play an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, performance, enter into computer memory, and use and practice in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Cozmo Play the right to authorize others to exercise any of the rights granted to Cozmo Play under these Terms of Use. You further hereby grant to Cozmo Play the right to use your name, likeness, and any other information or material included in any User Content and in connection with any User Content, in accordance with our Privacy Policy. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Cozmo Play does not claim any ownership rights in your User Content, and nothing in these Terms of Use is intended to restrict any rights that you may have to use and exploit your User Content. Cozmo Play has no obligation to monitor or enforce your intellectual property rights in or to your User Content.