TERMS OF SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement (“Agreement”) for https://coomaa.com/ (the “Site”), an Internet website owned and operated by the subsidiary of Cooler Master Taiwan – Cooler Master Academy (“COOMAA,” “we,” “us,” and/or “our”). This Agreement governs only the content, features, and activities related to this specific Site and does not cover websites for any of our subsidiaries and affiliates (collectively, “Cooler Master Affiliates”), or any other company, unless specifically stated. The term “Site” as used herein includes all websites and web pages within this Site, as well as any associated equivalent, mirror, replacement, substitute, or backup websites and web pages.

When you use our Platform you agree to all of these terms. Your use of our Platform is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by clicking “Join Now”, “Join COOMAA”, “Sign Up” or similar, registering, accessing or using our platform (described below), you are agreeing to enter into a legally binding contract with COOMAA (even if you are using our Platform on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Platform. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Platform.

I. INTRODUCTION

COOMAA operates and controls the Site from its offices in Neihu Dist., Taipei City, Taiwan (R.O.C.). We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These terms and conditions regarding your use of this Site constitute a legally binding agreement between you and COOMAA and your use of the Site constitutes acknowledgement that you understand, accept, and agree to abide by the terms of this Agreement. By using this Site, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Site is unauthorized.

COOMAA’s Privacy Policy is hereby incorporated herein by reference. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement and COOMAA’s Privacy Policy, including any indemnifications, warranties and limitations of liability.

This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

A. Defined Terms

In addition to the terms expressly defined above and below, the following definitions and meanings shall apply to these Terms of Use:

“Content” means names, addresses, billing information, merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including, but not limited to, page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and/or written and other materials.);

“Ideas” means ideas, concepts, feedback, and know-how that you make available in connection with the Site;

“Make available” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of this Site administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Site through the tools offered by such social media platforms;

“Materials” means Content that we make available on or through the Site.

B. Warranty Disclaimers and Liability Limitations

While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on COOMAA’s liability explained in the “Disclaimer of Warranties” and “Limitation of Liability” sections below.

C. Updates to this Agreement

We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Site. You agree that it your responsibility to regularly check the Site for any updated Terms of Use as any changes and/or modifications shall become effective immediately upon the posting thereof. Please review Terms of Use periodically. In addition, by continuing to use or access the Site or otherwise engaging with COOMAA after we post any changes, you acknowledge and accept the updated Terms of Use. The “Last Updated” legend at the top of this page indicates when these Terms of Use were last updated.

D. Consent for CM Employees by Supervisors

All Cooler Master employees who enroll in courses and utilize other COOMAA platform services are responsible for acquiring consent by their supervisors. COOMAA, the academy and the management cannot be held accountable for any of its members’ behavior on the platform and or consumption of the platform’s content. Every Cooler Master employee must in their own capacity inform their supervisor of their intent of using the COOMAA platform and clarify their responsibility in enrolling in a course, the time required to complete the course and that completing the course will be part of their working hours.

E. Platform Eligibility

Here are some promises that you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Platform is not for use by anyone under the age of 16.

To use the Platform, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one COOMAA account, which must be in your real name; and (3) you are not already restricted by COOMAA from using the Platform. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for COOMAA to lawfully provide the Platform to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

II. YOUR USE OF THE SITE

You certify that any Content you provide on or through the Site is accurate and complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. COOMAA is not responsible for any losses arising out of the unauthorized use of your account. You agree that COOMAA does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that COOMAA is not a party to any such agreement, nor is COOMAA responsible for the content, accuracy, or unavailability of any method used for payment.

Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may: (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; and (2) charge, modify, or waive any fees required to use any services, functionality or other content available on or through the Site or any portion of the Site.

In connection with your use of the Site, you will not:

(1) Make available any Content through or in connection with the Site that is or may be in violation of the content guidelines set forth in the “Prohibited Content” section below;

(2) Make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

(3) Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;

(4) Harvest or collect information about other users of the Site;

(5) Interfere with or disrupt the operation of the Site or the systems, servers, and/or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;

(6) Restrict or inhibit any other person from using the Site;

(7) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized in these Terms of Use, without COOMAA’s express prior written consent;

(8) Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;

(9) Remove any patent, copyright, trademark, and/or other proprietary rights notice from the Site;

(10) Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain our express prior written consent to do so;

(11) Systematically download and store any Materials;
(12) Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Sites without our express prior written consent;

(13) Cause injury to any person or entity; or

(14) Violate any law, rule, or regulation, or these Terms of Use.

You also agree that you will not use the Site or COOMAA’s name, logo, or brand to: (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a COOMAA trademark, logo, URL, or product name without our express prior written consent.

You further agree that you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

III. CONTENT AND IDEAS

A. Submitting Content and Ideas

COOMAA provides functionality that enables users to make available Content and Ideas in connection with the Site. Any text in Content should be written in English or shown in English by translation on the Site provided by browser(s) or search engine, e.g. Google Translate or Google Chrome. You acknowledge and agree that you are responsible for all Content and Ideas that you make available in connection with the Site. You represent and warrant that: (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including those expressly recited in the paragraph below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. COOMAA’s Rights to Use Content and Ideas

You expressly grant to COOMAA a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and/or display (publicly or otherwise), without limitation, any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that COOMAA is free to use any Ideas for any purpose. COOMAA may sublicense its rights in Content and/or Ideas through multiple tiers of sub-licenses. COOMAA is, and will always be, under no obligation: (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You expressly grant to COOMAA the right to use any name associated with any Content or Idea that you make available to COOMAA, although we have no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that neither you nor anyone under your control will make available any Content in connection with the Site that:

Create a false identity on COOMAA, misrepresent your identity, create a member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform.
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views).
Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of COOMAA.
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)).
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license.
Violate the intellectual property or other rights of COOMAA, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “COOMAA” or our logos in any business name, email, or URL.
Post anything that contains software viruses, worms, or any other harmful code.
Reverse engineering, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source.
Imply or state that you are affiliated with or endorsed by COOMAA without our express consent (e.g., representing yourself as an accredited COOMAA trainer).
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without COOMAA’s consent.
Deep-link to our Platform for any purpose other than to promote your profile or a Group on our Platform, without COOMAA’s consent.
Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages.
Monitor the Platform’s availability, performance or functionality for any competitive purpose.
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform.
Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Platform or removing, covering, or obscuring an advertisement included on the Platform).
Interfere with the operation of, or place an unreasonable load on, the Platform (e.g., spam, denial of service attack, viruses).
Violate the list of “Dos and Don’ts” or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

IV. MONITORING BY COOMAA

COOMAA shall will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and/or access to the Site, including to determine compliance with these Terms of Use and any other operating rules that we may establish from time to time. COOMAA will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through the Site for any reason, including violation of these Terms of Use. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify COOMAA for any and all claims resulting from any Content that you make available.

We have no liability to you for Content or Materials on the Site that you find to be offensive, indecent, and/or objectionable.

V. Materials Available on the Site

COOMAA, and/or its suppliers and licensors, may make available various Materials on the Site. Any such Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. COOMAA makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Sites, we would appreciate it if you let us know by contacting us at academy@coolermaster.com.tw. (Your feedback is a big part of what helps us get better at helping you!)

VI. MERCHANDISE

The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.

COOMAA is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties.

VII. Third Party Sites

References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. COOMAA is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Site operates or otherwise interacts, nor is COOMAA responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

VIII. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your COOMAA account, including on affiliated sites and properties which you access via your COOMAA account credentials.

All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase.

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. The purchase of Cooler Coins or Cooler Coins paid for courses are non-refundable.

Cooler Coins do not expire.

B. Pricing Information; Availability

COOMAA cannot confirm the price or availability of an item until after an order is placed. Pricing or availability errors may occur on the Site or through third party retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. COOMAA reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from COOMAA. COOMAA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products on the Site may be different from prices available from third party retailers.

Prices provided on the Site are subject to change without advance notice. COOMAA strives to communicate accurate pricing and product information, but errors may occur. In the unlikely event that an error impacts your order, or Product that has been ordered is no longer available, we will either contact you for further instructions or cancel your order at our sole discretion.

IX. Intellectual Property

Unless otherwise expressly noted, the Site and all Materials, and all patents, copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”), are owned or controlled by or licensed to COOMAA, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by CM to use the Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you: (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way.

No license, right, title, or interest in the Site or any Materials is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Site. The Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Site and Materials is the exclusive property of COOMAA and is also protected by U.S. and international copyright laws.

COOMAA names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks, trade dress, and copyright of COOMAA in the U.S. and other countries, when applicable. All other marks are the property of their respective companies.

All software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and “look and feel” and/or arrangement of items, and all trademarks, service marks and trade names, are the property of COOMAA, and any of their successors and assigns, are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

X. Procedure for Making a Claim of IP Infringement

COOMAA respects the intellectual property rights of others and encourages owners of IP rights to report legitimate claims of infringement as to items listed on the Site, including claims of copyright, trademark, patent, publicity, and/or counterfeit. COOMAA strives to promptly process and investigate such claims and take appropriate actions under applicable laws.

To make a claim of IP infringement, you must declare, under penalty of perjury, that the information provided is correct and that you are the owner of the IP rights or an authorized agent thereof. If the information you submit is inaccurate or incomplete, we may be unable to process or respond to your request. If you have questions about IP or whether your rights have been infringed, consider seeking legal advice.

XI. Privacy

You acknowledge that any personal information that you provide through the Site will be used by COOMAA in accordance with COOMAA’s Privacy Policy (available at https://coomaa.com/privacy-policy/), which may be updated by us from time to time. If you purchase an item on the Site manufactured and/or sold by a third party, COOMAA may share certain information with that third party to permit them, as applicable, to fulfill and ship your order, process returns, and/or provide customer service.

You authorize your wireless operator (e.g. AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator in the U.S. or other countries) to disclose to COOMAA your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See COOMAA’s Privacy Policy for how we treat your data. (available at https://coomaa.com/privacy-policy/)

XII. Disclaimer of Warranties

A. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Platform.

COOMAA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM, INCLUDING ANY REPRESENTATION THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE PLATFORM (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COOMAA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

B. Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS COOMAA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), COOMAA, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

COOMAA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT PAID BY YOU IN COOLER COIN, FOR MEMBERSHIP OR OTHER COSTS IN ASSOCIATION TO THIS PLATFORM.

XIII. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOMAA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF COOMAA OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COOMAA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR OTHER USER OF THE SITE.

NOTHING CONTAINED IN THIS AGREEMENT LIMITS COOMAA’S LIABILITY TO USER IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM COOMAA’S NEGLIGENCE OR FOR THE TORT OF DECEIT (FRAUD). COOMAA IS ACTING ON BEHALF OF COOMAA AFFILIATES FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES, AND LIABILITY, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN USER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. USER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. COOMAA DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

XIV. Indemnification

You agree to defend (at COOMAA’s option), indemnify, and hold COOMAA and its Affiliates harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms of Use. COOMAA reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with COOMAA if and as requested by us in the defense and settlement of such matter.

XV. GOVERNING Law

In the unlikely event we end up in a legal dispute, you and COOMAA agree to resolve it in Taiwan courts using Taiwanese law.

XVI. Termination

We can each end this Contract, but some rights and obligations survive.

Both you and COOMAA may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination:

Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
Any amounts owed by either party prior to termination remain owed after termination.

You can visit our Help Center to close your account.

XVII. FILTERING

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

XVIII. How to Contact Us

If you have any questions or comments, please contact us at:

7F., No. 398, Xinhu 1st Rd., Neihu Dist., Taipei City 114065 , Taiwan (R.O.C.)

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

XIX. Your account

You will keep your password a secret

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Terms of Conduct. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the content was purchased by another party for you to use (e.g. Course bought by your employer), the party paying for the content has the right to control access to and get reports on your use of such paid content; however, they do not have rights to your personal account.

XX. AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

XXI. USER COMMUNICATION FEATURES AND POSTINGS

Your comments, suggestions and information are important to us. Portions of the Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities, and other message and communication facilities (“Communities”) and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit, and/or exchange: (a) information, ideas, opinions, messages or other information (“Post” or “Postings”); and (b) User Material. You understand, acknowledge, and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit, or otherwise make available via the Site. Postings do not reflect the views of the Site, COOMAA, or COOMAA’s Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, COOMAA, and COOMAA’s Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content, and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, COOMAA, and COOMAA’s Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations.

You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please contact us at the address above. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

XXII. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site or COOMAA, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, regardless of whether the Site’s or COOMAA’s logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read COOMAA’s Privacy Policy, which describes how we collect and use your Personal Information and co-branding relationships.

XXIII. ADS AND MALWARE

COOMAA takes great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware:

(1) Update your computer via Windows Update

(2) Install a SpyWare Removal Tool to clean your computer of Malware; and/or

(3) Install antivirus software.

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at the address above.

XXIV. GENERAL TERMS

These Terms of Use represent the complete agreement and understanding between you and COOMAA and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and COOMAA or any of COOMAA’s Affiliates. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of COOMAA to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit COOMAA’s rights with respect to such breach or any subsequent breaches.

The English language version of this agreement will be the version used when interpreting or construing these Terms of Use. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Site and/or by e-mail (including in each case via links) or regular mail.

Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: 2023.11.01