Version 2.0. Date: July 1, 2019
Welcome to Cooper, a professional messenger application (the “App”) that helps you to make meaningful introductions.
The App is provided to you by Cooper Collective Inc. (“Cooper”, “we”, “us” or “our”) with its office at 548 Market St #71793, San Francisco CA 94104-5401, United States.
You must register in order to use the service provided by the App (the “Service”). After providing your email address you receive a verification link to create an account to use the Service.
The Service provides you a profile with your name, company name, profile picture, title, biography, location and links to your public profiles. You can edit your profile using the edit button.
The Service allows you to add contacts from your smartphone address book to create a list of contacts (the “Address Book”). The Address Book contains name, email address, telephone number, title and company name of the contacts. By using this Service you can choose two contacts from your Address Book and invite them via an introduction email to connect with each other.
The Service allows you furthermore to create a specific list of profiles and share the suggested profiles with others and/or users (the “List”). The suggested profiles cannot be contacted directly by others and/or users they are not connected to. The profile on the List contains a name and public available information. By using this Service you can create a List, invite others and/or users to contribute and view the List and request to be introduced to a suggested profile on the List.
Your contacts will not be contacted by us, unless you make the aforementioned introduction.
Before submitting contact information, you must make sure you comply with all applicable laws, including laws concerning privacy and you represent and warrant that you are entitled to upload it, share it with others or grant us the rights hereunder.
Contact information you submit may include any information you desire. Please make sure to include only information that you obtained lawfully and that is accurate, complete and up to date. The Services provides you with the opportunity to add contact information and/or edit contact information from the Address Book and the List.
Prohibitions in relation to the use of the App
Without limitation, you undertake not to use or permit anyone else to use the Service;
- to send or receive material which is threatening, grossly offensive, of an indecent, obscene or menacing character, defamatory of any person, contempt of court or in breach of confidence, copyrights, rights of personality, publicity or privacy or any other third party rights.
- to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party;
- to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- to cause annoyance and/or inconvenience; or
- for a purpose other than which we have designed them or intended them to be used.
You are solely responsible for your conduct and material that you provide to use the Service. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms.
All intellectual property rights and/or similar rights to the content and design of the App and the Service (the “Intellectual Property rights”), are vested in Cooper or its licensors.
Other than what is expressly supported by the features of the Service, you are not allowed to copy, redistribute, commercially exploit, reverse engineer or combine the Service with other software and/or services.
We do not claim ownership or any Intellectual Property rights over your Address Book and/or List. You grant us, a royalty-free, perpetual, revocable, non-exclusive, worldwide, sub-licensable license to use the content you submit, to provide the Service to you and to others.
Except as specially set forth in these Terms, the Service is provided on an ‘as is’ basis, without warranty of any kind, express or implied, including, without limitation, fitness for a particular purpose, merchantability and non-infringement of third party rights.
The availability and functionality of the Service depends on various factors. We do not warrant or guarantee that the Service will operate without disruptions or errors or that it will be available at all times.
Liability and indemnity
We are not liable for any damages suffered resulting from any use of the Service, except for damages caused by intent or gross negligence on our part. Furthermore, we are not liable for any damages suffered through acts or omissions from other users of the Service. If applicable law does not allow the exclusion of certain liability for direct, indirect, consequential or other damages, in no event our liability arising out or in in connection with the App and your use of the Service shall exceed $100 per incident.
You agree to indemnify, defend and hold harmless, the Company and anyone acting on its behalf, at your own expense, from and against any damages, loss, costs and expenses, including attorney fees and legal expenses resulting from any complaint, claim or demand, arising from, or in connection with your use of the Service or your breach of any of these Terms.
We may modify the functionality or features of the Service at any time, provided that such modification do not have a materially adverse effect on the functionality of the Service. Your access to the Service may be occasionally restricted to allow for these modifications, for repair and maintenance or regarding the introduction of new services. We will attempt to restore such access as soon as we reasonably can.
Changes of the Terms
The Terms may be changed from time to time. Please check our Terms frequently and take note of any changes.
The new Terms will be effective immediately upon posting. By continuing to use the Services, you agree to be bound by the revised Terms.
Law and Jurisdiction
These Terms shall only be governed and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions thereof. All disputes arising out of or in connection with these Terms shall be exclusively submitted to the state and federal courts located in San Francisco, California.
If you have any questions regarding the Services or these Terms, you can send an email to email@example.com.