Terms of Service

Please carefully read these Terms of Service (the “Terms”). These Terms constitute a binding legal agreement between you and Cocolani, LLC. (“Cocolani” or “We”), regarding the use of our video game, entertainment, and community services accessible via our website located at www.cocolani.com (the “Site”), our mobile device applications (“Apps”), and video game software (“Software”). Our Software may be referred to as our “Games”.  For convenience, our services, the Site, and our Games are collectively called the “Services.”  By using these Services, you agree to be bound by these Terms. If you do not agree to these Terms and our Privacy Policy, do not use the Services.

Changes to Terms or Services

We may modify these Terms at any time, in our sole discretion. The modified Terms will be posted on the Site or through other communications if we choose to modify the Terms. You should regularly review the Terms as we modify them. If you continue to use the Services after we have posted modified Terms, you thereby agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services any more. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. By using the Services, you agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, or any portions of them. Certain features of our Services may be subject to additional guidelines, terms, or rules, which will accompany particular products or be posted on the Site. For example, our Games may be subject to a separate end user license agreement (“EULA”), which shall be considered a part of these Terms. If the EULA and these Terms contain contradicting or inconsistent terms, such terms shall be resolved by Cocolani in our sole and absolute discretion.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Who May Use the Services

In order to use certain features of the Services you will have to create an account (“Account”). You may create an Account if you are of legal age to agree to form a binding contract with Cocolani and are not barred from using the Services under applicable law or regulation or these Terms.

When you create an Account, you will be asked to choose a username and password and create a user profile. We ask that you provide accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. Failure to update your information may result in suspension or termination of your Account. You are responsible for maintaining the confidentiality of your password and for any and all use of your Account. You should notify us immediately if you suspect any unauthorized use of your Account or access to your password. You may not (a) use the Account or username of any other user; (b) allow someone else to use your Account or username; or (c) sell, lend, transfer, or otherwise share your Account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue a warning, suspend, or even terminate your Account (along with your ability to access and use the Services).

You may not use the Services if you reside in any embargoed countries, e.g., North Korea.

Using Our Services

You may view and use our Services for your personal, non-commercial entertainment purposes in compliance with these Terms as they may be modified from time to time. No other use of our Services is authorized.

Purchases

No registration or subscription fees are required to create an Account. However, you will be required to purchase the Games from the applicable App Provider or Software Provider (as defined below) in order to download our Games and access the Services. You may also have the option to purchase in-game items, described below. In addition, we may charge fees for the use of certain products or services. These fees can change at any time in our sole discretion. We (or the App Provider or Software Provider) will charge your account or credit card for such purchases. By selecting these items, products, services, or features, you agree to pay the applicable charges assessed to your Account. These fees do not include any charges from your mobile carrier (e.g. data or messaging plan charges) or your Internet service provider (e.g. Internet connectivity charges), which you are responsible for paying. If we offer a subscription-based service, we will charge your account at the beginning of the subscription and on an ongoing monthly basis until you cancel. You must cancel your subscription before it renews to avoid the billing of the next month’s fees. You will not receive a refund for any partial month cancellation.

Virtual Goods

In our Games, you may be able to purchase virtual goods. For example, “Coins” are in-game cash that you may purchase through the Apps or Software. Coins are not subject to refund, nor do they have any “real cash” value. However, you can use Coins for virtual purchases in the Games. You may only use Coins and such items in accordance with applicable law and these Terms. Cocolani reserves the right to manage, regulate, control, modify, and/or eliminate its Services and all aspects of the Games (collectively, the “virtual goods”). All virtual goods remain property of Cocolani. Cocolani may modify any features or functionality of the virtual goods and any elements thereof in our sole discretion, which may make virtual goods more or less valuable, common, effective, or functional or eliminate the virtual goods altogether. You agree and acknowledge that all virtual goods are only licensed (and not sold) under a limited license governed by these Terms and are not redeemable for any sum of money or monetary value from Cocolani.
YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM AGAINST Cocolani, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY VIRTUAL GOODS; (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT; (C) A CLAIM FOR AN ALLEGED MONETARY VALUE OF VIRTUAL GOODS LOST IF Cocolani EXERCISES ITS RIGHTS UNDER THESE TERMS OR THE APPLICABLE END USER LICENSE AGREEMENT, OR FOR ANY MALFUNCTIONS AND/OR ERRORS IN THE GAMES; OR (D) A CLAIM THAT THE ALLEGED MONETARY VALUE OF THE VIRTUAL GOOD HAS INCREASED OR DECREASED DUE TO A MODIFICATION MADE OR PLANNED BY Cocolani OR OTHERWISE.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through the Services, along with any Content that you and any other Account holders provide to be made available through the Services (“User Content”). Content includes without limitation User Content.

Content Ownership

Cocolani Content

Cocolani does not claim any ownership rights in any User Content. These Terms will not be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Cocolani and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content..

Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of our Games, Sites, and/or Content (or any portion or derivative thereof), directly or indirectly, is strictly prohibited unless written consent is first obtained.  For policies on fan websites and game postings, please see our Fan Website section below.

User Content

You are solely responsible for all of your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Cocolani on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You hereby grant to Cocolani a non-exclusive, transferable, sublicenseable, perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content solely by making such User Content available through the Services, in connection with operating and providing the Services and Content to you and to other Account holders.

You can remove some of your User Content by specifically deleting it. Some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services.

By using the Services, you may be exposed to User Content in various forms, such as messages, images, text, information, or other materials that you may find objectionable. Cocolani does not control such User Content and does not guarantee its accuracy, integrity or quality. User Content is the sole responsibility of the person transmitting the User Content. You are solely responsible for the User Content you transmit, and Cocolani shall not be liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of such User Content. If you make User Content available on the Services, you agree and acknowledge that such Services are public and not private communications.

Special terms may apply if you submit User Content in connection with a contest or competition that we sponsor. If we specially request certain types of Content in connection with a contest or competition, you agree that, upon submission, you hereby assign all right, title, and interest to such submitted User Content (including any intellectual property rights therein) to Cocolani. In the event you retain any moral rights in such submitted User Content, you hereby waive the right to assert any such rights in future.

Rights and Terms for Apps

Rights in App Granted by Cocolani

Subject to your compliance with these Terms, Cocolani grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device or computer that you own or control and to run such copy of the Apps solely for your own personal non-commercial purposes. You may not copy the Apps, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Apps; (ii) distribute, transfer, sublicense, lease, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Apps; or (iv) make the functionality of the Apps available to multiple users through any means.  Cocolani reserves all rights in and to the Apps not expressly granted under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the Apps from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:
• These Terms are concluded between you and Cocolani, and not with App Provider, and that, as between Cocolani and the App Provider, Cocolani is solely responsible for the Apps.
• App Provider has no obligation to furnish any maintenance and support services with respect to the Apps.
• In the event of any failure of the Apps to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the Apps to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Apps to conform to any warranty will be the sole responsibility of Cocolani.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Apps or your possession and use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, Cocolani will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Apps, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apps against you as a third party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the Apps.
• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Apps nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Apps you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you accessed or downloaded the Apps from the Apple Store, then you agree to use the Apps only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

Acceptable Use Policy

You are responsible for your conduct while using our Services.  You agree to use our Services in accordance with our Acceptable Use Policy and all applicable law and regulations.

We are not obligated to monitor access to or use of the Services or Content or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice. This may include instances where we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Cocolani respects copyright law and expects all users to comply with applicable copyright law. It is Cocolani’s policy to terminate in appropriate circumstances the Account(s) of holders who infringe or are believed to be infringing the rights of copyright holders.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by delivering a Notice providing the information requested below regarding the alleged infringement to Cocolani’s Designated Copyright Agent.  Upon receipt of the Notice as described below, Cocolani will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement ("Notice")

• Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
• Provide your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
◦ “I hereby state that I have a good faith belief that the disputed use of the copyrighted material described herein is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
◦ “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyrighted material described herein or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to “Cocolani’s Designated Copyright Agent”:

Copyright Agent
c/o Cocolani Corp.
2400 N Lincoln Ave
Altadena, CA 91001
626-296-6240

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at feedback@cocolani.com (please do not use this email address to report issues playing our games -- use support@cocolani.com instead). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Please do not send us creative ideas, suggestions or materials such as game ideas or original artwork.  We do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested.  This policy is in place to avoid any misunderstandings if Cocolani develops projects that may seem similar to your creative work.  In the event you submit any creative ideas, suggestions, or materials, you hereby irrevocably grant all right, title, and interest in such ideas, suggestions, or materials, including any intellectual property rights, to Cocolani.  To the extent you retain any moral rights in such ideas, suggestions, or materials, you hereby waive and agree never to assert such rights.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Fan Websites

As mentioned above, all right, title, and interest to the Services and Content (including all intellectual property rights therein) are the sole and exclusive property of Cocolani and its licensors.  If you wish to include any such Content (for example, Cocolani’s logos) on your fan website, you must first obtain Cocolani’s permission.
Cocolani values its fans and wants its fans to share their game experiences. As such, Cocolani may grant an Account holder a limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to reproduce and display Cocolani game-related images, graphics or artwork (“Select Game Content”), provided that such use is solely in connection with an Account holder’s fansite or fansite pages dedicated to the Games and only for non-commercial purposes.  This license, if granted in Cocolani’s sole discretion, is subject to your compliance with the Terms, including the Acceptable Use Policy.  You acknowledge and agree that Cocolani shall have the right to amend, delete, and otherwise modify such Select Game Content used or accessed by you, without prior notice.  Cocolani retains all right, title, and interest in and to the Select Game Content and reserves all rights not expressly granted herein.  You agree that you will include (and will not modify or delete) any Cocolani proprietary rights notices included in the Select Game Content.  If you use any trademarks, logos, services marks, or other marks of Cocolani included in the Select Game Content, you may only use them in accordance with Cocolani’s usage guidelines as updated from time to time.  You represent and warrant that the fansite will not post material that is illegal, infringes on the rights of third parties or harms the reputation of the Games or Cocolani, its affiliates, directors, officers, employees or agents, or otherwise violates the Acceptable Use Policy of Cocolani described herein.  You understand and agree that Cocolani may expressly refuse this permission or revoke its permission at any time and in Cocolani’s sole discretion.  For clarity, nothing herein grants a user or Account holder the right to redistribute the Games or use Game Content for a commercial purpose.

Termination

You can terminate your Account at any time by deactivating your Account or by providing notice of termination. We reserve the right to terminate or suspend your Account or access to any or all portions of the Services at any time, for any reason, and without notice to you. Upon termination, all rights and licenses granted to you in these Terms immediately cease. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to a refund of any kind, nor will any such amounts be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your Account. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Indemnity

You agree to indemnify and hold harmless Cocolani, its affiliates, officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content or your use of Select Game Content on your fansite, or (iii) your violation of these Terms. The foregoing indemnity will not be impaired or rendered inapplicable by the negligence of the indemnified party.

Warranty Disclaimers

Your access and use of our Services is at your own risk. You agree that any Content you submit to us through our Services is done at your own discretion and risk. You will be solely responsible for any loss or damage to your User Content. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of the Services.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER Cocolani NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Cocolani HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL Cocolani'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Cocolani FOR USE OF THE SERVICES OR CONTENT FOR THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Cocolani.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions.

Agreement to Arbitrate

You and Cocolani agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in MCKINNEY, COLLIN COUNTY, TEXAS, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Cocolani are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Cocolani otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Cocolani otherwise agree, the arbitration will be conducted in COLLIN County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Cocolani submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Cocolani will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Cocolani changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to contactus@cocolani.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Cocolani’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Cocolani in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms, and the additional terms referred to within these Terms, constitute the entire and exclusive understanding and agreement between Cocolani and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cocolani and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer your rights and obligations under these Terms, by operation of law or otherwise, without Cocolani’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Cocolani may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Cocolani under these Terms, including those regarding modifications to these Terms, will be given by Cocolani: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Cocolani’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cocolani. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Cocolani at contactus@cocolani.com.

Privacy Policy

(Last updated: 6/23/2014)

Cocolani respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Privacy Policy”). Accordingly, this Privacy Policy is provided to explain our practices regarding the collection, use and disclosure of information that we receive when you use our Services (as defined in our Terms of Service (the “Terms of Service”), accessible at http://www.cocolani.com/terms-privacy#terms). By using our Services or registering an Account, you hereby agree to this Privacy Policy. Cocolani reserves the right to modify this Privacy Policy, in our sole discretion, at any time for any reason. This Privacy Policy applies only to those websites, services and applications included within our “Services” and doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service.

How do we collect information?

Our primary goals in collecting information are to provide and improve our Services, to administer use of the Services (including your Account, if you are an Account holder) and to provide you with an enjoyable use of our Services.

Information You Provide

Account Information

When you create an Account we’ll collect certain information that can be used to identify you, such as your first name, surname, and email address (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because it cannot be used by itself to identify you, such as your country of residence. We may request additional information in the course of your use of the Services.

Community Participation

When you use the Services to communicate with other users, whether by public forum posting, “personal message,” in-game chat or other communication features available in the Games or community areas of our Site, such communications are transmitted and stored by us.  These communications are considered public and there is no expectation of privacy. We may monitor such communications and, by using the communication services in our Games and/or community areas of our Site, you are indicating that you agree to such monitoring.

Note Regarding International Users

Your PII may be transferred to, and maintained on, computers located in the United States. By providing us with your information, you are accepting and agreeing to that transfer.

Note Regarding Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13, we will take steps to delete such information from our files as soon as reasonably possible.

Information We Collect

Information Collected Using Cookies

We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services via the Site. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services in order to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party service providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

Information Related to Use of the Services

Our servers automatically record certain information about how a person uses our Services via the Site, Apps, or Software (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (“IP”) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences.

Location Information

In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.

Where Do We Collect Information?

Site

When you visit our Site, we collect PII that you submit to us when you register for an Account and as requested in connection with the Services.  We also use cookies on our Site to collect Log Data. In addition, if you use our forums or community areas of our Site or communicate with other users through our Site, such communications are stored by us and can be monitored by us.

Games

When you use our Apps and Software, we collect PII that you submit to us when you register for an Account and as requested in connection with the Services.  We also use code within the Apps and Software to monitor our Games, including collection of certain Log Data. In addition, if you use our in-game communication tools, such communications are stored by us and can be monitored by us.

What Information Do We Share With Third Parties?

We will not share any PII that we have collected from you except as described below:

Information Shared with Our Services Providers.

We may engage third party service providers to work with us to administer and provide the Services. The third-party service providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.

Information Shared with Third Parties.

We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions.

Information that we collect from our Users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others.

It is our policy to protect you from having your privacy violated through abuse of the legal system, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.

Information We Disclose With Your Consent or at Your Request.

We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.

The Security of Your Information

We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links to Other Sites

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Accessing and Modifying Your Information

You can access and modify the PII associated with your Account by accessing your user profile on the Services. If you want us to deactivate your account, you can contact us at contactus@cocolani.com with your request. If you want us to delete your PII, you can contact us at contactus@cocolani.com with your request. We’ll take steps to delete your information as soon as is reasonably practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Changes to Privacy Policy

Any information that we collect is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when such changes will become effective.

Questions?

Please contact us at contactus@cocolani.com if you have any questions about our Privacy Policy.

Acceptable Use Policy

Cocolani seeks to foster responsible and respectful user interaction in connection with the Services, including our Games. Accordingly, we have crafted this “Acceptable Use Policy” (herein so called). This Acceptable Use Policy describes our policies with respect to Prohibited Content and Prohibited Conduct with respect to your use of our Services (as defined in our Terms of Service (the “Terms of Service”), accessible at http://www.cocolani.com/terms-privacy#terms). This Acceptable Use Policy forms part of and is subject to the Terms of Service. Cocolani reserves the right to modify this Acceptable Use Policy, in our sole discretion, at any time for any reason. This Acceptable Use Policy applies only to those websites, services and applications included within “Services” and doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Acceptable Use Policy, all capitalized words that are not otherwise defined herein have the same meanings as in our Terms of Service.

Prohibited Content

As a User and/or Account holder, you agree not to post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes Content that:
• infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading or deceptive;
• is defamatory, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• is violent or threatening or promotes violence or actions that are threatening to any person, including threats against other individuals, their family, or friends; or
• promotes illegal or harmful activities or substances.

Prohibited Conduct

In addition, you agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of the Services. “Prohibited Conduct” includes actions like:
• Attempting to sell your Account or purchase another user’s Account;
• Creating or using cheats, hacks, mods, or automated software (like bots), or any other unauthorized third party software in connection with the Games;
• Attempting to commercialize or exploit any part of the Games or Services, including without limitation gathering in-game currency or items for sale outside of the Services or performing in-game services for payment outside of the Services;
• Using, displaying, emulating, mirroring or framing the Services or any individual element within the Services, Cocolani’s name, any Cocolani trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cocolani’s express written consent;
• Accessing, tampering with, or using non-public areas of the Services, Cocolani’s computer systems, or the technical delivery systems of Cocolani’s providers;
• Attempting to probe, scan or test the vulnerability of any Cocolani system or network or breaching any security or authentication measures;
• Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Cocolani or any of Cocolani’s providers or any other third party (including another user) to protect the Services or Content;
• Attempting to access or search the Services or Content or downloading Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cocolani or other generally available third-party web browsers;
• Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Using the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms of Service;
• Forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way using the Services or Content to send altered, deceptive or false source-identifying information;
• Attempting to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Services or Content;
• Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collecting or storing any personally identifiable information from other users of the Services without their express permission;
• Impersonating or misrepresenting your affiliation with any person or entity;
• Violating any applicable law or regulation;
• Otherwise creating liability for Cocolani; or
• Encouraging or enabling any other individual to do any of the foregoing.

The lists of Prohibited Content and Prohibited Conduct above are examples of unacceptable conduct and are not intended to be a complete or exhaustive list.

Additional rules

We may have certain rules and regulations in place to moderate our Games and the community features available on our Services.  You are responsible for reading and following all of the rules and regulations carefully.