Terms of service

The Terms of Use, which include the Acceptable Use Policy, are a legally binding agreement between you and CoolShort. They govern your use of the CoolShort website (http://app.cool-short.com) and any other CoolShort applications or services you access through third-party websites. The Service is intended for consumers and not for users under 13 years of age. Please read our Privacy Policy at http://app.cool-short.com/privacyPolicy.html to understand how we use your personal information. We suggest printing a copy of these Terms of Use for your records.

A. Your Agreement to the Terms of Use:
Please take the time to carefully read and understand these Terms of Use, as they have an impact on your legal rights and responsibilities. These Terms of Use provide important information about our identity, how we will provide the Service to you, how you and we can make changes to or terminate this agreement, what steps to take in case of any issues, and other significant details.
By registering for a user account that grants you access to the Service, posting content online, or using the Service in any way, you confirm that (1) you are at least 13 years old (or 16 years old in the European Union/European Economic Area), (2) you fully comprehend and accept these Terms of Use, and (3) if you are under the age of 13 (or 16 in the European Union/European Economic Area), your legal guardian has reviewed and agreed to these Terms of Use.

If you do not comprehend or disagree with these Terms of Use, please refrain from using the Service. If you do not agree to these Terms of Use, you do not have the right to access or use the Service. The use of the Service is prohibited in jurisdictions where it is not permitted.
CoolShort retains the right to modify or revise these Terms of Use at its discretion. Any such changes or modifications will take effect immediately upon being posted on the CoolShort website or mobile application. By continuing to use the Service after such changes or modifications are posted, you indicate your acceptance of and agreement to the updated Terms of Use. We recommend reviewing the Terms of Use each time you use our Service to ensure you are aware of the current terms. If you disagree with any changes or modifications, your only option is to stop using the Service. You acknowledge and agree that CoolShort will not be held liable to you or any third party for any changes or modifications to these Terms of Use.

Unless explicitly stated otherwise for paid sections of the Service, CoolShort has the right to add, modify, suspend, or terminate the Service, as well as any aspect or feature of the Service, in order to accommodate changes to our products, the needs of our users, or our business priorities. Such changes may occur without prior notice and without incurring any liability.

B. Our Contact Information:
2.1 How to reach us. You can get in touch with us by sending an email to [xunzifu1077@163.com].
2.2 How we may reach you. If we need to contact you, we will do so through the email address you provided in your Account.
2.3 Inclusion of emails. When we refer to "writing" or "written" in these Terms of Use, it encompasses emails as well.

C. Relationship to Other Agreements:

Your utilization of the Service, including specific components of the Service, might be subject to the terms and conditions of one or more third-party agreements ("Third Party Agreements"). These agreements may govern your download or access to applications that are part of the Service through third-party websites or sources (e.g., Google). In the event of any conflict between any Third Party Agreement and these Terms of Use regarding CoolShort or any aspect of the Service, these Terms of Use will take precedence and govern.

D. Rights to Use the Service:

Right to Use: As long as you comply with these Terms of Use, CoolShort grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use and display the Service. This license is for your personal, non-commercial use and is restricted to a single device.

(a) You can access and use the portions of the Service that are freely available on the CoolShort website or authorized by CoolShort to be accessed through third-party websites or sources, such as the mobile application.

(b) If you have paid the applicable fees and met the necessary requirements, you can also access other parts of the Service that are available for payment.

Subscriptions: Certain parts of the Service may require payment in the form of subscriptions. You are responsible for making all necessary payments and meeting any payment obligations outlined in these Terms of Use. All payments made by you are subject to these Terms of Use and the conditions set by the relevant payment service. CoolShort is not responsible for any transactions processed or payments made to third parties. Please note that the pricing and availability of subscriptions offered by CoolShort for the Service are subject to change at any time.

CoolShort may offer payment methods for automatic, recurring, or subscription-based charges. By using these payment methods, you agree to the following:

(i) Purchases or payments are generally made in advance.
(ii) You authorize CoolShort to store your chosen payment method's information (e.g., credit card details) and charge your chosen payment method for the applicable time periods.
(iii) If any payment made through your chosen payment method is rejected or returned unpaid, CoolShort may withhold or suspend the relevant content until proper payment is processed. You are responsible for any fees, costs, expenses, or other amounts incurred by CoolShort due to such rejection or return, and we may automatically charge you for these amounts.

You acknowledge that payments made to CoolShort for your subscriptions are non-refundable, unless otherwise specified in these Terms of Use. CoolShort is not obligated to provide a refund for any payments made by you for the Service, whether used or unused.

If you believe CoolShort has charged you in error, you may contact us at [xunzifu1077@163.com] within 30 days of the charge. No refunds will be provided for erroneous charges reported after this 30-day period, subject to applicable laws and regulations.

Payment processing services are provided by third-party services, and additional fees such as taxes and foreign exchange fees may be applicable based on location.

Account Transfer: If you are using our mobile application, you have the option to transfer your Account or specific parts of the Service from one device to another. However, this transfer can only be done if CoolShort has authorized and enabled this feature through the Service. To transfer the Service to a new device, you must be the owner of both the old and new devices, and the Account being transferred.

You agree not to misuse the Service or attempt to do so. This includes using the Service for any purpose or in any way that is not expressly permitted by these Terms of Use. Additionally, you are not allowed to copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit the Service or any part of it, except as explicitly permitted in these Terms of Use. CoolShort and its licensors retain all rights, title, and ownership of the Service and the Service Materials, except for the content you provide (referred to as "Your Content") and as expressly stated in these Terms of Use. No licenses or rights are granted to you, implicitly or otherwise, under any intellectual property rights owned or controlled by CoolShort or its licensors, except for the licenses and rights explicitly granted in these Terms of Use. CoolShort reserves the right to modify the license and restrictions outlined in this section and elsewhere in these Terms of Use, including the possibility of charging fees for such licenses, in accordance with the terms and conditions set forth.

E. service materials, ownership

Service Materials: With the exception of "Your Content" and unless otherwise stated in these Terms of Use, CoolShort and its licensors own and will continue to own all rights, title, and interest in the Service and the Service Materials.

"Service Materials" refers to all the information and materials that are part of the Service. This includes, but is not limited to, photographs, graphics, layout, text, images, audio, video, designs, advertising copy, data, logos, domain names, trademarks, service marks, trade names, source identifiers, copyrightable material (including software), the overall visual appearance of the Service or its portions, the compilation and arrangement of materials, and User Content. By downloading Service Materials or purchasing Virtual Currency or Virtual Goods (defined below), you acknowledge and agree that you do not acquire any ownership rights.

You understand and agree that the Service Materials are protected by intellectual property and other laws in the United States and other jurisdictions, and their use, copying, and dissemination may be restricted. All rights not expressly granted in these Terms of Use are reserved by CoolShort and its licensors. No license is granted to you by estoppel, implication, or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or exploit any portion of the Service or Service Materials, except for Your Content (defined below), unless expressly permitted in writing by CoolShort and, if applicable, the owner of the specific Service Materials (from whom you are solely responsible for obtaining permission).

CoolShort Marks: The term "CoolShort," the CoolShort logo, and other product and service names are trademarks and service marks owned by CoolShort (referred to as "CoolShort Marks"). Unless expressly stated in these Terms of Use, you are not permitted to use or display these trademarks without prior written permission from CoolShort. All third-party trademarks and service marks appearing on the Service belong to their respective owners, and all rights are reserved. The use of CoolShort trademarks or service marks as "metatags" on other websites is prohibited.

You agree not to use the CoolShort Marks in a way that disparages CoolShort and its services. Additionally, you are prohibited from using the marks in any manner that may harm the goodwill associated with the CoolShort Marks. Any goodwill generated from the use of the CoolShort Marks will solely benefit CoolShort.

Feedback: If you provide CoolShort with comments, suggestions, or feedback regarding the Service (collectively referred to as "Feedback"), you acknowledge and agree that CoolShort will exclusively own all rights, titles, and interests in and to such Feedback. You hereby assign all rights, title, and interest in the Feedback to CoolShort. Unless prohibited by law, CoolShort may use, sell, disclose, and exploit the Feedback in any way and for any purpose, without restrictions or compensation to you.

F. User Content:

The Service may allow you and other users to create, submit, post, display, transmit, perform, publish, or distribute communications, content, and materials (referred to as "User Content"). This can include text, writings, photographs, graphics, images, comments, personally identifiable information, and more. User Content may be made available to CoolShort and other users through email, online forums, message boards, messaging services, blogs, or other features of the Service. CoolShort has the discretion to accept, display, review, maintain, or otherwise exploit any User Content, but is not obligated to do so.

You acknowledge that the responsibility for all User Content available through the Service lies solely with the person who originated that User Content. While CoolShort has the right to do so, it is not obligated to pre-screen, review, examine, evaluate, or monitor User Content for various qualities such as accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, or usefulness. CoolShort does not provide any warranties or guarantees regarding User Content and explicitly disclaims any such warranties.

You understand that using the Service comes with inherent risks, and by using the Service, you may come across User Content that is offensive, indecent, objectionable, or does not meet your requirements. You agree that it is your responsibility to assess and assume all risks associated with using any User Content available through the Service. CoolShort will not be liable in any way for any User Content made available via the Service, including any errors or omissions in such User Content, or any loss or damage resulting from the use of such User Content.

However, CoolShort reserves the right, at its sole discretion and without notice, to pre-screen, review, monitor, refuse, remove, censor, edit, alter, delete, disable access to, or make unavailable any User Content (including Your Content) for any reason, including violations of these Terms of Use or for no reason at all. If you believe that certain User Content violates these Terms of Use or involves inappropriate user behavior, you may report it to CoolShort by clicking on the "report" button next to the comment box or by contacting us at xunzifu1077@163.com.

G. Your Content:
The content you create and share on the CoolShort service is referred to as "Your Content." You acknowledge that Your Content is not confidential, and upon termination of your account, we may delete Your Content without providing it to you in a consolidated format.
You confirm that Your Content is original and that you own all the rights to it, including the rights granted to CoolShort under these Terms of Use. CoolShort does not claim ownership of Your Content, and these Terms of Use do not restrict your rights to use and exploit Your Content.
You grant CoolShort a worldwide, perpetual, non-exclusive, transferable, royalty-free license to use, copy, adapt, modify, distribute, sell, publicly display, perform, transmit, and exploit Your Content through the service or otherwise. You also authorize CoolShort to sublicense these rights and allow others to exercise them. Additionally, you grant CoolShort the unconditional right to use your account name, persona, and likeness associated with Your Content, even after your account is terminated. Please refer to our Privacy Policy [https://app.cool-short.com/privacyPolicy.html] for information on how we handle your personal data. You waive any rights of attribution or moral rights you may have in Your Content, regardless of any alterations made to it.
CoolShort is not obligated to monitor or enforce your intellectual property rights in Your Content.
H. Intellectual Property:
The content provided by CoolShort in connection with the service may be protected by copyright or other intellectual property rights owned by CoolShort or third parties. Your use of the service does not grant you any copyright or other rights to this content.

It is strictly forbidden for you to monetize the Service or make money off of it in any way.

All rights not specifically granted to you in these Terms of Use are hereby reserved by CoolShort.

I. Notice of Copyright Violations and Other Intellectual Property Infringements and the Process for Filing Them

We at CoolShort ask our users to respect others' intellectual property and take intellectual property protection very seriously. Via or on the Service, infringement-related behavior will not be accepted.

CoolShort’s intellectual property policy is to remove or disable access to material that CoolShort believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service.

CoolShort has discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or upon CoolShort’s own determination.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by CoolShort with the user alleged to have infringed a right you own or control, and you hereby consent to CoolShort making such disclosure. Your communication must include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

l Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

l Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CoolShort to locate the material;

l Information reasonably sufficient to permit CoolShort to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;

l A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

l A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.

To receive notification of claimed infringement, please contact CoolShort for processing:

Via email:

xunzifu1077@163.com

Regarding counter notification, if you receive a notification from CoolShort that material made available by you on or through the Service has been the subject of a notification of claimed infringement, then you will have the right to provide CoolShort with what is called a "counter notification ." To be effective, a Counter Notification must be in writing, provided to CoolShort's Copyright Agent through one of the methods identified above and include substantially the following information:

l A physical or electronic signature of the subscriber;

l Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

l A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

l The subscriber's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, then for any judicial district in which CoolShort may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.d above or an agent of such person.

If you decide to contest a notification of claimed infringement by submitting a counter notification to CoolShort, it is advisable to consult a lawyer or refer to Section 17 U.S.C. 512 to understand your obligations under the Copyright Act for providing a valid counter notification.

Once you submit a counter notification to CoolShort in response to the infringement claim, CoolShort will promptly share a copy of your counter notification with the person who made the initial claim. They will also inform that person that CoolShort will either restore the removed User Content or feedback, or stop disabling access to it, within 10 business days. CoolShort will take these actions not later than 14 business days after receiving the counter notification, unless CoolShort's Copyright Agent receives notice from the party who filed the initial infringement claim that they have taken legal action to prevent the User from engaging in infringing activities related to the material on CoolShort's system or network.

Under Section 512(f) of the U.S. Copyright Act (17 U.S.C. 512(f)), it is stated that:
Anyone who knowingly provides false information or misrepresents, either (1) that a material or activity is infringing, or (2) that a material or activity was removed or disabled by mistake or misidentification, shall be held responsible for any damages incurred by the alleged infringer, copyright owner, authorized licensee, or service provider as a result of relying on such misrepresentation. These damages include costs and attorneys' fees. CoolShort retains the right to pursue damages from any party who submits an infringement claim or counter notification in violation of the law (17 U.S.C. 512(f)).

J. Restrictions and Rules of Use：

Please note that as a user of the Service, you are required to comply with the restrictions and rules outlined in this section, as well as in our Acceptable Use Policy (which is part of the Terms of Use) and any additional rules specified within the Service. The Service is intended for personal and non-commercial use only. You are prohibited from engaging in activities such as modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, reverse engineering, transferring, or selling any portion of the Service for commercial purposes, except for limited reverse engineering activities that may be permitted by applicable law.

You are responsible for configuring your own information technology, computer programs, and platform to access the Service, and it is recommended that you use your own virus protection software.

Misusing the Service by knowingly introducing viruses, trojans, worms, logic bombs, or any other harmful material is strictly prohibited. You must not attempt to gain unauthorized access to the Service, the Site, the mobile application, or any server, computer, or database connected to the Service. Additionally, you must not launch a denial-of-service attack or a distributed denial-of-service attack against the Service. Engaging in such activities would be considered a criminal offense. If a breach of this provision occurs, we will report it to the appropriate law enforcement authorities and cooperate with them by disclosing your identity. In the event of a breach, your right to use the Service will be immediately terminated.

K. Virtual Currency and Goods:

Regarding virtual currency and goods within the Service, such as cash, coins, points, or similar items (referred to as "Virtual Currency"), and virtual digital items such as assets, commodities, abilities, or other goods (referred to as "Virtual Goods"), CoolShort reserves the absolute right to manage, regulate, control, modify, or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. CoolShort bears no liability to you or any third party for exercising these rights. You are granted a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods and Virtual Currency solely within the Service, based on what you have earned, purchased, or obtained in a manner authorized by CoolShort. You do not possess any other rights, title, or interest in or to such Virtual Goods or Virtual Currency that appear or originate in the Service.

You acknowledge and agree that transferring Virtual Currency and Virtual Goods is strictly prohibited unless expressly authorized within the Service. Outside of the Service, you are not permitted to sell, redeem, or transfer Virtual Currency or Virtual Goods to CoolShort, other Service users, or any other parties.

You acknowledge and agree that all sales of Virtual Currency and Virtual Goods are considered final and, unless determined otherwise by CoolShort at its sole discretion, non-refundable. In the event of termination of these Terms of Use, your Account, or the Service for any reason, including if CoolShort discontinues the Service or any applicable portion of it, you understand that all Virtual Currency and Virtual Goods associated with your account will be forfeited, and CoolShort will not be liable to you in connection with this.

L. Posting On Other Websites and Linking to the Service

Regarding posting your personal Account profile information and authorized Service Materials on other websites, CoolShort grants you a limited, revocable, non-exclusive, non-transferable license. This license allows you to post such content for non-commercial purposes only, either on your personal website or on a third-party website that permits user-directed posting, as long as the following conditions are met:

The third-party website is not a commercial competitor of CoolShort.
The third-party website does not engage in actions that criticize CoolShort or could reasonably cause harm to CoolShort.
The third-party website does not obtain any rights to the posted content other than a non-exclusive license to post it as directed by you.
The third-party website does not charge for access to the content and does not associate products, services, or advertisements with the posted content.
The third-party website, along with all linked websites, complies with applicable laws, does not pose a threat or violate the intellectual property rights or other rights of any third party, and does not host, post, publish, distribute, disseminate, or facilitate any content that, if posted on the Service, would violate these Terms of Use. These third-party websites are referred to as "Authorized Websites."

Please note that CoolShort reserves the right to authorize the posting of specific Service Materials in writing.

The license granted to you requires that whenever you make a posting, you must include a link to https://app.cool-short.com and the statement "Copyright CoolShort All Rights Reserved. Used With Permission." on every page where the posting appears.

CoolShort agrees to give you a limited, non-exclusive license, which can be revoked at CoolShort's discretion, to link to CoolShort's homepage from any authorized website.

M. How we may use your personal information

You are not allowed to display the Service or any part of it in frames or "in-line links" without written permission from CoolShort.

We will only use your personal information in accordance with our Privacy Policy, which can be found at https://app.cool-short.com/privacyPolicy.html. Please review the Privacy Policy to understand how we handle your information.

N. Termination：

These Terms of Use will remain in effect until either party terminates them.

Your right to terminate the contract: You can end these Terms of Use at any time and for any reason by notifying CoolShort through xunzifu1077@163.com, deleting or destroying all Service-related materials, and ceasing to use the Service.

Our right to terminate the contract: CoolShort can terminate these Terms of Use, your account, and your access to the Service (or specific portions of the Service) at any time and for any reason. CoolShort may issue a warning or notice before terminating, at its sole discretion, such as in the case of a violation of these Terms of Use. However, you acknowledge that CoolShort is not obligated to provide any prior notice or warning before termination under this section.

Deactivation or termination of your Account: If your Account remains inactive for a period of one year or longer, CoolShort may, at its sole discretion, deactivate or terminate your Account. In such cases, CoolShort may delete your content and information, and will not be returning them to you. CoolShort will not be held responsible for any damages or consequences resulting from the deletion of your content or information. It is your responsibility to save any of your content. CoolShort determines your Account's activity status based on various factors, including your last access date.

Consequences of breaching the Terms: Additionally, if CoolShort suspects or determines that you have failed to comply with any provision of these Terms of Use or any established policies or rules, or if you have engaged in actions that may be illegal or harmful to yourself, CoolShort, third parties, or the Service itself, CoolShort may take appropriate actions without notice to you. These actions may include suspending your Account and access to the Service, notifying authorities, or taking any other deemed necessary actions.

Consequences of termination: If your Account is terminated, you may lose access to your Account and all associated information and data, including usernames, avatars, in-application characters, achievements, Virtual Currency, and Virtual Goods, if applicable.

You acknowledge and agree that in the event of termination, whether initiated by you or CoolShort, you will not be entitled to any refund, reimbursement, or other liability from CoolShort or any third party. If CoolShort terminates your Account, you are not allowed to participate in the Service or any other CoolShort service without CoolShort's express written permission. To request permission for post-termination participation, you can submit a request through xunzifu1077@163.com. CoolShort reserves the right to refuse to provide Accounts or the Service to any individual. Furthermore, you are not permitted to allow individuals whose Accounts have been terminated by CoolShort to use your Account.

O. Disputes With Others:
You are solely responsible for your interactions with other users and parties you encounter through the Service. CoolShort explicitly denies any liability to you or any third party regarding your use of the Service. You agree to fully cooperate with CoolShort in investigating any suspected unlawful, fraudulent, or improper activity, including granting access to password-protected parts of your Account. CoolShort has the right, but not the obligation, to monitor and manage disputes between you and other users of the Service.

P. Disclaimers of Warranties:
By using the Service, you explicitly agree that you do so at your own risk. The Service is provided on an "as is" and "as available" basis without any warranties. The CoolShort parties (as defined below) hereby disclaim all warranties, whether express, implied, statutory, or otherwise, regarding the Service, the Service Materials, and any User Content. This includes, but is not limited to, any implied warranties of non-infringement, title, merchantability, or fitness for a particular purpose.

Without limiting the general scope of the above statement and to the extent permitted by law, the CoolShort parties make no warranty that: (i) the Service will meet your requirements or that the Service Materials or User Content will be accessible to you; (ii) the Service will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected; or (iii) the results obtained from using the Service or any Service Materials or User Content will be accurate or reliable.

THE "CoolShort PARTIES" refer to CoolShort, its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors.

Q. Limit of Liability:
Under no circumstances will the CoolShort Parties be held responsible or liable to you for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages. This includes, but is not limited to, loss of revenues, lost profits, lost data, business interruption, or other intangible losses, arising from or related to these Terms of Use or the Service. This applies regardless of whether the damages are based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not any CoolShort Party has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Service is to stop using it.

In no event will the aggregate liability of the CoolShort Parties for all claims relating to the Service exceed the greater of $50 USD or the amount you paid CoolShort, if any, in the 12 months preceding the claim.

Please note that some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations and disclaimers may not apply to you. If applicable law does not allow CoolShort or any other CoolShort Party to disclaim any warranty, limit or exclude liability, or the scope and duration of such warranty as stated in these Terms of Service, their liability shall be the minimum permitted under such applicable law.

R. Links to External Locations and Third Party Websites:
The Service may include links to third-party websites or resources. You acknowledge and agree that CoolShort is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services offered on or through such websites or resources. The presence of links to these websites or resources does not imply endorsement by CoolShort of their content, products, or services. You assume sole responsibility and all risks associated with using any such websites or resources. CoolShort reserves the right to remove any links at any time, for any reason or no reason.

S. Indemnification:
You are responsible for and agree to indemnify, defend, and hold the CoolShort Parties harmless from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from: (i) information in your Account and any information you or anyone accessing the Service using your password submits, posts, or transmits through the Service; (ii) your or anyone accessing the Service using your password's use of the Service; (iii) your or anyone accessing the Service using your password's violation of these Terms of Use, any applicable Additional Terms of Use, or Third Party Agreements; and (iv) your or anyone accessing the Service using your password's violation of the rights of any other person or entity.

T. Applicable Laws and Jurisdiction:
These Terms of Use and any actions related to them or the Service will be governed by the laws of the State of California, without regard to its conflict of laws provisions. In the event of any litigation arising from these Terms of Use, the parties agree to the personal jurisdiction of federal and state courts located in Santa Clara County, California, and designate those courts as the exclusive venue for such litigation. The parties explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights and obligations granted to CoolShort under these Terms of Use are unique and irreplaceable, and any breach may cause immediate and irreparable harm to CoolShort for which legal remedies are insufficient. Therefore, CoolShort is entitled to seek injunctive or other equitable relief without the need for a bond or surety in the event of any breach or anticipated breach by you. You irrevocably waive any rights to seek injunctive or other equitable relief. Any claim under these Terms of Use must be filed within one (1) year after the cause of action arises. This provision regarding applicable law and venue does not apply if you are a consumer based in the European Union. If you are based in the European Union, these Terms of Use will be subject to the laws and jurisdiction of your country of residence.

U. Other Important Terms:
Internet and data charges: You are responsible for obtaining and maintaining all necessary telephone, computer hardware, mobile devices, and other equipment required to access and use the Service, as well as any associated charges.
Service access outside the US: CoolShort operates and controls the Service from its offices in the United States. CoolShort does not guarantee that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would violate the law or subject CoolShort to registration requirements. If you choose to access the Service from other locations, you do so at your own initiative and are solely responsible for complying with applicable local laws.

Export Controls:
Certain parts of the Service may be subject to United States export controls. You agree to comply with these controls and any similar controls in your jurisdiction. Specifically, you agree not to download, export, or re-export any software from the Service (i) to Cuba, Iraq, North Korea, Iran, Syria, or any other country embargoed by the United States, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or using the Service, you confirm that you are not located in, under the control of, or a national or resident of any such country or listed party.

No Relationship:
These Terms of Use and your use of the Service do not create a joint venture, partnership, employment, or agency relationship between you and CoolShort.

Entire Agreement:
These Terms of Use constitute the entire agreement between you and CoolShort regarding your use of the Service and any other subject matter discussed herein. The agreement cannot be changed or modified by you unless expressly posted by CoolShort on the Site or the mobile application.

Enforcement:
CoolShort's failure to exercise or enforce any right or provision in these Terms of Use does not constitute a waiver of such right or provision. Any waiver of a breach or default by either party does not waive any preceding or subsequent breach or default.

Severability:
If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, the court will try to give effect to the intent of the parties as reflected in that provision, and the other provisions will remain in full force and effect. The Terms of Use are not modified by the parties' conduct or trade practices.

Assignment:
You may not assign these Terms of Use without CoolShort's prior written consent, but CoolShort can freely assign them to another party.

Section Headings:
The headings used in this document are provided for convenience purposes only and do not carry any legal significance.

Verification and Documentation:
Upon request from CoolShort, you agree to provide any necessary documentation, substantiation, or releases to verify your compliance with these Terms of Use.

Construction of Terms:
You acknowledge that these Terms of Use will not be interpreted against CoolShort solely on the basis that CoolShort drafted them.

Waiver of Defenses:
By accepting these electronic Terms of Use, you waive any and all defenses that may arise from the electronic form of this agreement and the absence of signatures from the parties involved.

Third Party Enforcement:
Only the parties to this agreement have the right to enforce its terms, and no other person who is not a party to this agreement shall have such rights.

Surviving Sections:
You agree that the following sections of these Terms of Use will remain in effect even after the termination of the agreement, your Account, or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section O (Termination), Section P (Disputes with Others), Section Q (Disclaimers of Warranties), Section R (Limitations of Liability), Section T (Indemnification), Section U (Which laws apply to this contract and where you may bring legal proceedings), and Section V (Other Important Terms).

Acceptable Use Policy:
Please carefully read the terms of this policy before using our Service.

What's in this Acceptable Use Policy?
This Acceptable Use Policy ("Policy") outlines the standards of content that apply when you upload content, communicate with other users, link to our mobile app or Site, or interact with our Service in any other way.

We reserve the right to make changes to the terms of this Policy. Prior to using our Service, please review this Policy to ensure your understanding of the applicable terms at that time.

Prohibited Uses

You are only allowed to use our Service for lawful purposes. You agree not to use the Service to transmit, distribute, or promote:
a. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
b. Any spyware, passive collection mechanism, or any other code or material that collects or transmits information without user consent.
c. Cheats, hacks, cracks, malicious programs, viruses, or any other computer code that modifies, impairs, disrupts, destroys, interferes with, or limits the functionality of the Service. This includes taking control of computer software, hardware, or telecommunications equipment or interrupting other users' use of the Service.
d. Unreleased Service content, areas unlocked through hacking, or data not accessible through normal operation or gameplay on the Service.

Additionally, you agree not to:
i. Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of connected networks.
ii. Interfere with, disrupt, or bypass any security feature or limitation on the Service.
iii. Use the Service to intentionally or unintentionally violate any applicable laws.
iv. Harm minors in any way using the Service.
v. Disclose personal information about another individual that may be used to track, contact, impersonate, or misrepresent that individual.
vi. Engage in fraudulent activities, mislead CoolShort or other users, or participate in any suspicious activity.
vii. Engage in commercial activity, such as raising money for any purpose, advertising, promoting, selling, or trading websites, pyramid schemes, or any product or service.
viii. Impersonate any person or entity, falsely state or misrepresent your affiliation, or misrepresent the origin of Your Content.
ix. Create an Account through automated means or false pretenses, create multiple Accounts per device, or use another user's Account for any purpose, including circumventing a suspension or ban.
x. Cheat, develop, distribute or use automation software programs ("bots"), "macro" software programs, or other cheating utilities that negatively impact fair play on CoolShort.
xi. Sell, transfer, or exchange the Service, your Account, or access to your Account for legal tender, currency, goods, services, or items of monetary value.

You also agree not to access the Service:
x. Through any means other than the interface provided by CoolShort.
y. Through any automated means, including scripts, web crawlers, robots, spiders, or scrapers.
z. By forging or manipulating identifiers to disguise the origin of your access to the Service.

Considering the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct, acceptable User Content, and the transmission of technical data, whether exported from the United States or the country in which you reside.

Interactive Services
Our Service may include interactive features that allow users to engage with each other, such as:

In-game contributions and messaging
Chat rooms
Comments/message boards
Online forums

Content Standards
When using any of the Interactive Services, you must adhere to the following Content Standards:

User Content (or any part of it) must not:
a) Be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, inflammatory, pornographic, sexual, libelous, invasive of someone's privacy, deceptive, bullying, insulting, intimidating, humiliating, promoting violence, hateful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. It must not be disparaging, objectionable, or inappropriate.
b) Promote illegal activities, such as drug use.
c) Include content that you do not have the right to make available under any law or contractual or fiduciary relationships, or content that violates any legal duty owed to a third party, including contractual obligations or duties of confidentiality.
d) Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property rights or proprietary rights of any party.

You also agree not to:
e) Excessively repeat the same phrase, similar phrases, or nonsensical content.
f) Create unnecessary discontent or disturbances among other users by engaging in fights, posting off-topic comments in forums, or insulting other users of the Service.
g) Post or transmit non-constructive comments.
h) Abuse any reporting functionality provided by CoolShort by sending false alarms or meaningless messages.
i) artificially boost the visibility of forum threads.
j) Number threads or post non-contributory comments such as "IBTL" (in before the lock), "TLDR" (too long; didn't read), or "First!" posts.
k) Post comments that are unrelated to the topic being discussed.
l) Engage in activities that CoolShort, at its sole discretion, considers to be "flaming," "trolling," or "spamming."
m) Create new threads about topics that already exist or start separate threads about the same topic in multiple forums (e.g., cross-posting).
n) Share links to threads from other forums without prior approval from a moderator.

Violation of this Policy
These rules of use are not exhaustive, and we reserve the right to determine what conduct constitutes a violation of the rules or goes against the spirit of the Service. In the event of a breach of this Policy, we may take appropriate action as we see fit.

Failure to comply with this Policy is a significant violation of the Terms of Use that govern your use of our Service. It may result in any or all of the following actions being taken by us:

Immediate, temporary, or permanent revocation of your right to use our Service.
Immediate, temporary, or permanent removal of any User Content uploaded by you to our Service.
Issuance of a warning to you.
Initiation of legal proceedings against you to recover all costs incurred (including but not limited to reasonable administrative and legal costs) as a result of the breach.
Pursuit of further legal action against you.
Disclosure of relevant information to law enforcement authorities as we reasonably deem necessary or as required by law.

We disclaim any liability for the actions we may take in response to breaches of this Policy. The actions described above are not exhaustive, and we may take any other appropriate action as we deem necessary.