Cocos User Agreement
Update Date: 09 / 01, 2022
Thank you for choosing and using Cocos Products and Services. Cocos Products and Services includes all products and services provided by Xiamen Yaji Software Co., Ltd. and its affiliates (together as “We”, the “Company” or “Cocos”) to you (or the “User” or “Users”), such as Cocos editor products, Cocos Service, Cocos Analytics, Cocos Play and Cocos Store. The Cocos User Agreement (the “Agreement”) is an agreement entered into between you and the Company concerning downloading, installing, registering, logging in and using (together as “using” or “use”) Cocos Products and Services.
In order to provide better services for you, we ask you to read carefully and fully understand the contents of the Agreement, especially the terms relating to exemption or limitation of liability, jurisdiction and applicable law, before you start to use Cocos Products and Services. Among them, important contents such as the terms of exemption or limitation of liability will be highlighted in bold and/or underlined to remind you to pay attention, so you should read, understand and accept them at the same time. If you choose to agree or use Cocos Products and Services at your own discretion, or express your consent in other ways recognized by both you and us, it means that you have fully understood the Agreement and agreed to be bound by the terms of the Agreement and other agreements and rules related to (including but not limited to Privacy Policy, operation tips, service instructions, Q&A guide, help information, or rules and procedures shown to you on the Cocos website page in other ways, together as the “Service Rules”). All Service Rules shall be an effective part of the Agreement, carrying the same effect. If you do not agree to the terms and conditions set forth in the Agreement, you have no right to use Cocos Products and Services.
If you are a minor, please read and fully understand the Agreement in the company of your guardian, and use Cocos Products and Services with the consent of your guardian.
1. Service prerequisites
1.1 Cocos Products and Services is only for qualified individuals who can be bound by legal relations (or who have corresponding civil capacity according to the applicable laws, or whose acts have been recognized or ratified by the guardian), or legal persons or other organizations that are legally registered and validly existing according to the laws of the place of residence. If you do not meet the above conditions at the time of registration as a Cocos User or at any time thereafter, we have the right to suspend or terminate the provision of Cocos Products and Services to you at any time.
1.2 When you use Cocos Products and Services, you can obtain client-side applications through the Company’s official website, or authorized third-party platforms. If you do not obtain the relevant software from the Company or an authorized third party, the Company cannot guarantee that the unofficial version software can be functional, and any losses you suffer therefrom shall be borne by yourselves.
1.3 The Company may develop different application software versions for different terminal devices. You should obtain, download and install appropriate versions according to the actual equipment conditions. If you no longer use Cocos Products and Services, you can also uninstall the corresponding application software by yourself.
1.4 In order to better improve Users’ experience and services, the Company may update or change Cocos Products and Services (including but not limited to software modification, upgrade, function enhancement, development of new services, software replacement, etc.) from time to time, and you can choose whether to update the corresponding versions according to your needs.
1.5 The Company may inform you in appropriate ways where feasible (including but not limited to system prompts, announcements, message inside the website, etc.), after certain Cocos Products and Service updated or optimized, and you have the right to choose to use the updated version. If you choose not to update, some functions of Cocos Products and Services will be restricted or cannot be used normally.
1.6 You shall not access, use, adapt, copy, disseminate, vertically search, mirror or sell Cocos Products and Services in any form without prior written authorization from the Company.
1.7 You understand that to use Cocos Products and Services, you need to have at hand terminal devices (such as computers, mobile phones, etc.) compatible to Cocos software and services. Once you open any one of Cocos Products and Services in the terminal device, you are deemed to be using Cocos Products and Services. In order to fully realize the functions of Cocos Products and Services, you may need to connect the terminal device to the Internet, and you understand that you will be responsible for the required expenses (such as data traffic fees, Internet access fees, etc.).
1.8 You shall ensure the authenticity and validity of the information you provide when using Cocos Products and Services and shall update the information as required by Cocos. If the information you provide is incorrect, inaccurate, incomplete or invalid, Cocos has the right to suspend or terminate the provision of Cocos Products and Services to you, or restrict your use of some or all of the functions of Cocos Products and Services.
1.9 Subject to acceptance of any specific Software License and Services Agreement, the version of which may differ depending on the specific software you use, for Cocos Products and Services, the Company grants you a limited, non-transferable, revocable, and non-exclusive right to use Cocos Products and Services. All other rights not expressly authorized by the Agreement or other relevant agreements are reserved by the Company. You must obtain the written permission of the Company before exercising such rights. Meanwhile, the Company's failure to exercise any of the aforesaid rights does not constitute a waiver of such rights.
1.10 When you use or purchase any specific Cocos Product and Service, you still need to confirm and accept the terms of service corresponding to the specific product or service. Please read them carefully, fully understand them, and choose to accept or not accept the terms and conditions.
2. Service scope
Cocos Products and Services include various individual products or services legally operated by the Company. You can open and use them in related products or services. Some products or services may require you to accept a specially formulated agreement or other rules binding you and the providers of such products or services, and if necessary, these agreements and rules are prominently provided to you for your reference and consent when you plan to use the aforesaid products or services. Once you start using the above products or services, it is deemed that you understand and accept the relevant agreements and rules. Cocos Products and Services include but are not limited to:
2.1 Website information service
The specific content of website information service is provided by Cocos according to the specific situation, such as forums, blogs and other classified information. You have the right to enjoy the Internet technical services and information services provided by us. You may learn about relevant content by accessing the features, articles and posts displayed by us for you, and you may also comment on such content, provided that your access, browsing and comments comply with the current laws and regulations and the relevant service rules of Cocos. For example, you should carry out real name certification according to existing regulations and follow the community order required by Cocos service rules. For details, please refer to Community Rules and User Guide (https://forum.cocos.org/t/topic/131069).
2.2 Development Tools (Editors)
The Company owns the intellectual property rights of a series of proprietary software products including Cocos Creator, Cocos ICE, Cocos PE, [Cocos XR Creator], and [Cocos HMI Editor]. Editors are closed-source products with Cocos rendering engine as the kernel, integrating proprietary functional modules and plug-ins in different fields, wherein the code of open source engine framework is include, of which the use should comply with the corresponding open source license agreement. Specific products and services include:
2.2.1 “Cocos Creator” is a scripted, component-based and data-driven overall development tool, centered on 2D and 3D interactive contents, developed by Cocos, which can develop game software and multimedia interactive programs based on Android, iOS, Web Standard, Windows, macOS, Harmony OS and other platforms and support cross-platform rapid release to realize fast and efficient development process. Users can use this software and service free of charge for the purpose of developing games. If the Company changes its commercialization strategy and begins to charge fees for using such software, the Company will make public announcement in advance. If Users use Cocos Products and Services for developing applications other than games, they should obtain the Company’s written authorization and consent. The Company may charge Users certain fees according to factors such as the scenario, purpose, and actions of such use. Unauthorized use and use beyond the scope of authorization are illegal uses, and the Company reserves the right to suspend or terminate the services and to recover the relevant fees. For the purpose of clarification, no User or developer may use Cocos products for the production, second development and distribution of similar products (namely. development tools). For details about Cocos Creator’s authorization scope, procedure, and notes on software use, please refer to Cocos Creator Software License and Services Agreement.
2.2.2 The full name of “Cocos ICE” is “Cocos Interactive Courseware Editor”, a code-free interactive courseware development tool suitable for the education sector. Cocos ICE can be used to develop highly interactive, quite flexible, scalable, lightweight, cross-platform and multi-terminal teaching content. It supports the workflow of the User’s technical team, third-party resources, material management library, account system and hardware requirements, etc., to shorten the workflow and improve production efficiency. This product is closed-source proprietary software. Users should obtain written authorization and consent from the Company to use Cocos ICE software and services. Please contact the sales representative of the Company for specific fee policies. For details about the license scope and methods, and use of Cocos ICE, please refer to the Cocos ICE Software License and Services Agreement.
2.2.3 The full name of “Cocos PE” is “Cocos Persona Editor”, a codeless development tool for virtual role interactive content creators. Under the standard system of art material trading, creation, presentation and revision built by Cocos, content creators can quickly create virtual character images and virtual character animations based on the tool-integrated Cocos engine real-time rendering capability and material library; they can quickly drive virtual humans to perform animation recording and live broadcast interaction based on the AI visual surface capture and motion capture capabilities provided by the tools; they can quickly output the interaction program between the virtual character and the scene based on the scene interaction template provided by the tool; they can quickly update the specified materials that the SDK authorizes to update based on the hot update system of the Cocos SDK. Cocos PE realizes one-stop production of virtual characters, delivers content in multiple forms (pictures, videos, 3D materials, small programs), and helps content creators comprehensively improve the efficiency of virtual character creation and production. This product is closed-source proprietary software. Users should obtain written authorization and consent from the Company to use Cocos PE software and services. Please contact the sales representative of the Company for specific fee policies. For details about the license scope and methods, and use of Cocos PE, please refer to the Cocos PE Software License and Services Agreement.
2.2.4 The software “Cocos Creator XR” refers to an integrated development tool that can develop games and multimedia interactive content of VR/MR/AR devices based on OpenXR standard protocol, and AR applications based on Android/iOS/HarmonyOS/Web Standard and other platforms. It also supports cross-platform rapid release of mainstream device platforms and realizes efficient development process. Cocos Creator XR can be extended from a specific version of Cocos Creator by downloading and installing plug-ins or creating templates.
2.2.5 “Cocos HMI” refers to an integrated development tool suitable for automobile intelligent cockpit scene software. Relying on the real-time rendering capability of Cocos engine, it can develop applications such as vehicle-mounted human-computer interaction interface, automatic assisted driving visualization, vehicle-mounted virtual image, vehicle-mounted games, etc., which are suitable for mainstream vehicle-mounted systems such as Android/Linux/QNX, so as to improve the development efficiency of Users’ intelligent cockpit scene software and help upgrade the intelligence of vehicles. Users should obtain written authorization and consent from the Company to use Cocos HMI software and services. Please contact the sales representative of the Company for specific fee policies. For details about the license scope and methods, and use of Cocos HMI, please refer to the Cocos HMI Software License and Services Agreement.
2.3 Cocos Service
Cocos Service is integrated into the service panel in Cocos Creator, integrating some access processes, providing Users with more expansion capabilities outside the engine and one-click access experience, which can maximize the convenience and ease of use of reaching various services from the user-side. The Company has independently provided or introduced high-quality third-party services, including but not limited to Cocos Analytics, Agora RTC, FrontJS, YIDUN, Location Service, Analysis Service, Performance Management, Authentication Service, Crash Service, Cloud Storage, Cloud Function, TradPlus and Vungle.
The Company and third-party service providers are independent parties, with each independently assuming its respective legal responsibilities in accordance to the applicable laws, regulations and any agreement between or among them. If you use the software or related services provided by third parties on Cocos platforms, you may need to agree to and abide by the agreements, privacy policies and related rules of such third parties in addition to the Agreement and relevant rules of Cocos. Any dispute, loss or damage arising from the software and related services of a third party shall be settled by you and the third party, and the Company shall not bear any responsibility to you or any third party for this.
2.4 Cocos Analytics services
Cocos Analytics provides data statistics tools and analysis services for mobile applications, and supports the operation of Android, iOS, HTML5 and various small game platforms. You can open and use it in Cocos Creator service interface. The operation of Cocos Analytics depends on the appropriate information that you and/or your end users authorize us to process. The specific data acquisition and processing methods can be seen in the Cocos Analytics Privacy Policy. You understand and agree that obtaining the authorization and consent of your end users for the necessary information we collect is a necessary prerequisite for using the data analysis service, and you hereby guarantee that you have obtained the authorization and consent of the end users through the service agreement or other forms of authorization agreement with your end users. After you integrate the API or SDK of data analysis services in mobile applications, by using the data analysis service, you will understand and monitor the various operation and promotion data of mobile applications in real time, and through our data analysis service, you will understand the monitoring and statistical data of mobile applications in different terminal devices and distribution channels, so as to meet your statistical analysis needs for mobile applications. Unless there is a special agreement with you, the ownership, use right and intellectual property rights of data reports formed by the data analysis service are reserved by Cocos and relevant benefits will be enjoyed by Cocos.
2.5 Cocos Store services
According to the requirements of relevant laws and regulations, we organize and match your transactions with sellers of goods or services by operating Cocos Store. In addition to complying with the Agreement, you shall also comply with the relevant Service Rules issued, publicized and updated from time to time by the Cocos Store when using the Cocos Store services. The relevant Service Rules are supplementary to the Agreement. For the avoidance of ambiguity, you are aware that in Cocos Store Services, we are only the intermediary service provider, and we will not bear the losses of either party unless we are in intentional or gross negligence. See the Cocos Store Content Delivery Agreement and platform rules for details.
3. Service fees
For some Cocos Products and Services, Cocos may charge certain fees according to your specific scenarios, ways, purposes and actions of use. Please contact the Company’s sales representative or the Company’s authorized third parties for details. Some value-added services come from third parties. If a fee is charged, the specific service scope and fees shall be subject to the content of the product page when you enable the service you are charged.
4. User account
4.1 Registration of account
4.1.1 You can browse the company's official website, forums, blogs, documents and other information as a visitor without registration. However, if you use development tools such as Cocos Editors or enable third-party services, you need to register a Cocos account. And please note to use Cocos Products and Services more efficiently and improve the security of your account, as required by applicable laws and regulations, you would be asked to provide real identity information before you use certain functions and/or service items (such as post comment service, Cocos Store, etc.).
4.1.2 For some products and services provided by Cocos, you may be required to provide more identity data and information for further identity authentication or qualification verification. You can only be qualified to use relevant products or services after your account has passed these certifications and verification.
4.1.3 Cocos Products and Services provide you with a registration channel. You should use the mobile phone number or email registered in your real name for verification. After verification, you complete the registration. The mobile phone number or email you registered is your voucher for logging in and using Cocos Products and Services. This account belongs to Cocos. Cocos reserves the right to modify or cancel any account and account name. You only have the right to use the account.
4.1.4 After you register, the system will randomly assign you an account nickname. You have the right to choose a valid combination of letters and signs as your account nickname, upload your profile photo and fill in your personal information, but such content can only be used or shown after our review and approval.
4.1.5 You understand and promise that the account you set up shall not violate any applicable laws and regulations and the relevant rules of the company, and shall not be used to carry out any act that harms the national interests, damages the legitimate rights and interests of other citizens and is harmful to social morality or the rights and interests of the company. Your account name, avatar, profile and other registration information and personal information shall not contain illegal and bad information, and shall not contain sales and marketing promotion information not within the scope of the company's permission. Without the permission of others, it is not allowed to open an account in the name of others (including but not limited to using others' name, shop name, avatar, etc., which is enough to cause confusion), and it is not allowed to register Cocos account in bad faith (including but not limited to frequent registration, batch registration, etc.). The company has the right to review the information you submit.
4.1.6 You should provide accurate information to register a Cocos account, and update such information once it is not true or accurate any more as soon as possible. If Cocos has a reasonable ground to doubt that the identity information and related materials submitted by you are wrong, untrue, outdated or incomplete, we have the right to require that you correct such information or submit supplementary materials, and to suspend or terminate to provide products or services. You shall bear any direct and indirect expenses arising therefrom.
4.2 Account safety
4.2.1 Your account is only for your own use. Without the written consent of the Company in advance, you are prohibited to give, lend, lease, transfer, sell your account in any form or otherwise permit others to use your account in any manner. If the Company finds or reasonably believes that any User is not the initial registrant of such account, it has the right to immediately suspend or terminate the services provided to the registered account or cancel the account in order to ensure the security of the account.
4.2.2 You are responsible for maintaining the security and confidentiality of your personal account, registered mobile phone and verification code, and bear all legal responsibilities for the activities engaged in the name of your registered account, including but not limited to all legal liabilities that may arise from any data modification, published speech, payment of money and other operations on Cocos Products and Services. You should attach great importance to the confidentiality of your account and your registered mobile phone number/email, and should not disclose your account and mobile phone/email verification code to others under any circumstances. If you find that other people use your account without permission or any other security vulnerabilities occur, you should immediately notify the Company.
4.2.3 When registering, using and managing an account, you should ensure the authenticity of the identity information. Please use true, accurate, legal and effective identification materials and necessary information (including your name, email address, contact number, contact address, etc.) when registering and managing your account. In accordance with the relevant applicable laws and regulations, you need to fill in the real identity information in order to use some functions of Cocos Products and Services. Please complete the real name authentication according to the relevant laws and regulations and pay attention to updating the above-mentioned relevant information in a timely manner. If the materials you submit or the information you provide do not meet the standard or requirement, the Company has the right to refuse to provide you with relevant functions. You may not be able to use Cocos Products and Services or some functions may be restricted during use.
4.2.4 If you find that others use your account without authorization, you should immediately notify us. Cocos will help you to freeze your account, change your password or make other security settings. You understand that Cocos needs a reasonable time to take action on your request. Cocos shall not be liable for any consequences (including but not limited to any loss) that have occurred and caused by you before Cocos is able to take action.
4.2.5 After you complete the Cocos account registration, login and reasonable and necessary identity verification, you can browse and modify your personal identity information at any time. You understand and agree that you may not be able to modify the initial registration information and other authentication information provided at the time of registration due to security and identification considerations (such as account or password retrieval appeal service). You can also apply for account cancellation. The Company will assist you to cancel your authentication identity and registered account step by step after completing reasonable and necessary verification of personal identity, security status, device information, etc., and upon your request, to delete step by step all information about your authentication identity and registered account, unless otherwise specified by laws and regulations.
4.2.6 Unless you submit a written application and obtain the consent of Cocos, or otherwise provided by law or by judicial judgment, your account may not be transferred, donated or inherited in any way (except for relevant property interests).
4.3 Account freeze, cancellation and appeal
4.3.1 Account freeze
We have the right to restrict, freeze or terminate your access to all or part of the functions of the Cocos product and service account in accordance with relevant laws, regulations and service standards in the following circumstances:
(1) If you try to disrupt the fair environment or order of Cocos, use any name or brand containing/indicating Cocos , or use certain characters in Chinese or English (full name or abbreviation), numbers, domain or any expression to express or indicating any association with Cocos.
(2) If you violate the terms of the Agreement, Cocos management specifications, service descriptions and provisions of other agreements.
(3) If you violate the provisions of applicable laws, regulations, policies and legal documents.
(4) You have been complained by others and the other party has provided relevant evidence, but you have not provided contrary evidence as required by us.
(5) Cocos judges that your account operation, income and exchange are abnormal based on reasonable grounds.
(6) Other situations where Cocos has the right to freeze your account.
The resulting losses, including but not limited to communication disruption, clearing of or restricted access to User data, personal information, release content records and related data; the operation of account funds, vouchers, coupons, points or cash withdrawal restrictions, shall be borne by you. When terminating the Cocos account, if it is necessary to return the balance of funds in the account to you according to relevant laws, regulations and service rules, we will negotiate with you, but you should be aware that we have the right not to refund the rights and interests given by the platform such as relevant vouchers, coupons and points.
4.3.2 Cancellation of account
In case of any serious situation in article 4.3.1 (1), or at the request of the competent national authority, we have the right to cancel your account, and the service will be completely terminated.
You understand and agree that, in order to make full use of account resources, the company has the right to cancel your account if you fail to make first login in time or fail to log in for more than twelve (12) consecutive months, and there are no unexpired services under your account. If you want to use Cocos Products and Services again, you need to register for a new account. If you breach our agreements, we have the right to rejecting your re-registration.
4.3.3 Account appeal
In case of freezing or cancellation of the above account, you can apply to us for lifting the above freezing or cancellation through the appeal procedure. For the security of your account, you should cooperate with us to provide truthful proof of identity and other materials for our verification. You should fully understand that your appeal is not necessarily allowed. We have the right to decide whether to agree with your appeal request.
5. Rules of use
5.1 In the process of using Cocos Products and Services, you shall not personally carry out or assist or allow others to carry out the following acts：
(1) Delete or modify all information about Cocos copyright on Cocos Products and Services;
(2) Disseminate any content prohibited by Cocos by uploading, downloading, storing, transmitting, etc.;
(3) Engage in illegal trading activities, such as money laundering and drug trafficking;
(4) Infringe upon the privacy, copyright, patent right, trademark right and other rights and interests of other subjects, unless you have obtained full and effective prior authorization from the obligee;
(5) Implement acts that violate laws, regulations, policies, regulatory framework, relevant agreements of Cocos and Cocos rules;
(6) Conduct acts that interfere and damage Cocos Products and Services;
(7) Intrude, use or destroy the network and/or network equipment of other Users; Collect information of other Users without authorization;
(8) Publish any form of advertisement without authorization;
(9) Use any technology or means to interfere with the normal operation of Cocos, causing load or any adverse effect on Cocos;
(10) Conduct bad faith acts, such as faking orders, to the destruction of transaction order;
(11) Violate Cocos rules to resell and exchange points, coupons, gifts, virtual currency, etc.;
(12) Modify, tamper with, shield or partially shield and destroy the services and related functions on Cocos (including banner advertisement);
(13) Without the express written permission of Cocos in advance, obtain the platform's services, content and data by himself or by entrusting others or assisting others in any way (including but not limited to any automatic program, script and software such as robot software, spider software and crawler software) and for any reason;
(14) Upload and release any internal materials, confidential materials or other content, information and/or statements that are not authorized to be released;
(15) Use, lease, lend, copy, modify, link, reprint, compile, publish and release the software and related information without our prior written consent, and/or establish mirror sites, develop derivative products, works, services, plug-ins, peripherals, compatibles and interconnection related to the software without authorization;
(16) Reverse engineering Cocos software, such as disassembling and de-compilation;
(17) By modifying or counterfeiting the instructions, data and data packets in the operation of Cocos software works, add, delete and change the functions or operating effects of the software, and disseminate the software used for the above purposes to the public through the information network or operate.
(18) Log in or use the software and services through third-party compatible software or systems not developed, authorized or recognized by us, and/or use plug-ins and peripherals that are not developed, authorized or certified by us against this software and service;
(19) Use Cocos Products and Services to carry out any behavior that endangers network security;
(20) Other uses of the services provided by Cocos in any illegal way, for any illegal purpose, or in any way inconsistent with the Agreement; Or other acts that violate laws and regulations, infringe upon the legitimate rights and interests of other Users, interfere with the normal operation of Cocos or are not expressly authorized by us.
5.2 In order to effectively protect your legitimate rights and interests when using Cocos Products and Services, you understand and agree to accept the following rules：
5.2.1 You shall use Cocos Products and Services in accordance with the Agreement and the relevant terms of the Agreements and rules of specific products and services.
5.2.2 You should complete your information according to our requirements to complete real name authentication, otherwise some functions may be limited.
5.2.3 When using Cocos Products and Services, you shall abide by the relevant laws and regulations of the People's Republic of China, the laws and regulations of your country or region, other applicable laws and relevant international practices, and shall not use Cocos Products and Services for any illegal purpose or in any illegal way.
5.2.4 You are forbidden to use Cocos Products and Services to engage in acts that infringe the legitimate rights and interests of others, otherwise we have the right to refuse to provide Cocos Products and Services, and you shall bear all relevant legal responsibilities, and you shall indemnify all loses of Cocos and our employees and directors for any loss caused by you. Above mentioned acts include but are not limited to：
(1) Infringing upon the legitimate rights and interests of others, such as the right of reputation, the right of privacy, trade secrets, trademark rights, copyright and patent rights;
(2) Divulging state secrets, endangering national security or damaging national honor and interests;
(3) Inciting ethnic hatred and discrimination, undermining national unity or infringing upon national customs and habits;
(4) Undermining the state's religious policies and propagating cults and superstitions;
(5) Spreading rumors, disrupting social order and undermining social stability;
(6) Spreading obscenity, gambling, violence or abetting crime;
(7) Insulting or slandering others, committing fraud, false or misleading acts, or using Cocos Products and Services to infringe upon the legitimate rights and interests of others;
(8) Other behaviors that we have legitimate reasons to believe are improper; or.
(9) Other acts prohibited by laws, administrative regulations and policies.
5.2.5 If you violate the provisions of the Agreement, we are entitled to choose one or more of the following measures in our sole discretion：
(1) Delete the advertisements any content that are suspected of violating laws and regulations, being false, infringing or being released without authorization, and other information and content in violation of the Agreement;
(2) Limit your account functions;
(3) Suspend or terminate your use of Cocos Products and Services, and freeze your account;
(4) Investigate your legal liability;
(5) Report to relevant competent authorities in accordance with relevant laws and regulations.
5.3 You understand that if your use of Cocos Products and Services involves the collection and processing of end-user data, you guarantee that you will abide by the provisions of the privacy policy of the corresponding Cocos Products and Services and obtain sufficient and necessary authorization and consent from the end-users. If an end-user of yours revokes such authorization, you should take necessary technical measures to stop using such Cocos Products and Services with respect to that end user. You agree to comply with and will continue to comply with applicable laws, regulations and regulatory requirements concerning the collection, storage, usage and sharing of data and personal information in other jurisdictions, including but not limited to relevant policies on personal information protection and privacy protection. You agree to remedy and indemnify any and all losses of your end users or us caused by your acts processing or allowing us to process any data of your end users.
In the process of opening and using any third-party value-added services, you shall abide by the User Agreement and use rules of the third-party service provider in addition to the Agreement. If Cocos suffers losses due to your breach of the Agreement, you shall be liable for compensation.
6. User personal information protection
6.1 Your trust is very important to us. We fully understand the importance of Users' personal information security. We will take security and protection measures in accordance with laws and regulations to protect the security and controllability of Users’ personal information. We have formulated different Privacy Policies for different products and services. See the product and service opening page for details.
6.2 You agree to abide by the applicable laws and regulations on the collection and protection of your end-user data in your location, and ensure that your use of this service complies with the laws and industry standards.
7. Intellectual property right
7.1 The intellectual property rights of the products and/or services under the Agreement belong to Cocos. We have the right to sign the Agreement with you.
7.2 Any marks, icons, logos, page headers, button icons, text and service product names included or provided in Cocos Products and Services are trademarks, registered trademarks or business logos of Cocos (collectively referred to as "Cocos Trademarks"). No other license or right related to any Cocos trademark related to Cocos Products and Services is granted under the Agreement. Cocos Trademarks shall not be used on any goods or services unrelated to our website or Cocos Products and Services in any way that may cause confusion to consumers or in any way that slanders or defames Cocos. Without the written permission of Cocos, nothing on our website or Cocos Products and Services shall be interpreted as granting the right to license or use Cocos Trademarks appearing on our website by tacit consent or otherwise. Cocos is the sole beneficiary of all use of the Cocos trademark. You agree not to participate in any activities that may impair, weaken or affect the validity or enforceability of the Cocos trademark, or cause confusion to consumers or impair any goodwill related to any Cocos trademark. You agree not to use the Cocos trademark in any way that may cause confusion to consumers or in any way that defames or slanders Cocos.
7.3 You owns your works based on the products and/or services provided by Cocos and the intellectual property contained therein belongs to you or the third party you may represent. At the same time, you promise that Cocos has the right to display and use the completed works and related materials, company name, trade name, logo and other information in market promotion. You hereby grant Cocos a global, permanent, irrevocable, free and non-exclusive right of use and sublicense.
7.4 Our authorization under the Agreement shall not be deemed as the sale or transfer of any intellectual property. All intellectual property rights of any software, documents and all parts involved in Cocos Products and Services under the Agreement will remain with Cocos, and any relevant rights will not be transferred to you.
7.5 You fully understand that Cocos does not allow you to copy and modify the code of Cocos closed-source products. In addition, you can provide us with any feedback or suggestions on Cocos Products and Services, and grant Cocos the right to use and disclose such feedback or suggestions for free. You acknowledge that we may use any feedback (including any ideas contained in the feedback) for any purpose (whether for commercial purposes or other purposes) without expressing gratitude or making payment to you, including developing, copying, publishing, modifying or improving Cocos Products and Services at our own discretion. You understand that we may not treat feedback as confidential. You hereby grant Cocos a non-exclusive, free, irrevocable, transferable and sub-licensable license. At present and in the future, Cocos can copy, distribute, publicly disseminate, publicly display, create, use, entrust creation, sell, offer for sale, import, modify, create derivative works based on such feedback content and use such feedback content in other ways in any country by any method and form.
7.6 You represent and warrant that your rights to any feedback you provide to Cocos are sufficient to support your granting of the above rights to Cocos and other affected parties, including but not limited to intellectual property rights and other proprietary or personal rights. If any of the rights permitted by this article are not permitted under applicable laws (such as moral rights and other personal rights), you hereby waive and agree not to claim any such rights that are not permitted.
7.7 You agree to retain the Cocos’ copyright notices, trademark notices, other intellectual property rights notices and disclaimers appearing in the licensed products or services.
7.8 We respect the intellectual property rights of others. If you think that the relevant contents of Cocos infringe your legitimate rights and interests, please notify us in time through the contact information specified in the Agreement, and we will handle in accordance with the infringement complaint procedures specified in the current laws and regulations.
8. Advertising and third-party services
The services we provide may include advertisements. You agree to display the advertisements and third-party service links provided by us, third-party suppliers and partners during the use. Cocos has the right to determine the display form and release of advertisements on any section of Cocos Products and Services (including the system notification section) on its own subject to complying with the provisions of the Interim Measures for the Administration of Internet Advertising. You shall be solely responsible for the transactions conducted according to the advertising information. Unless as expressly provided by laws and regulations, we shall not be liable for any loss or damage suffered by you as a result of the transaction conducted in accordance with the advertising information or the content provided by the aforementioned advertisers.
9. Revision, cancellation or termination of services
9.1 Due to the rapid development of the Internet industry and the improvement of legislation, the existing agreements can’t guarantee that they can fully meet the needs of future development and we may revise the terms of the Agreement and / or the use and Service Rules for Cocos Products and Services from time to time. In that case, we will inform you in the form of website announcement, e-mail, private message and SMS. The revised version will automatically supersede the previous version. Please keep an eye on the terms of products and services in Cocos. If you do not agree to all or part of the contents of the revised agreement, please immediately stop using Cocos Products and Services. If you continue to use Cocos Products and Services after the content of the Agreement is revised, it means that you have fully read, understood and accepted the revised content and agreed to be bound by the revised agreement.
9.2 We may terminate Cocos Products and Services under the following circumstances:
(1) Due to the needs of our business development, we may unilaterally change, suspend, terminate or cancel all or part of Cocos products and/or services from time to time without notice.
(2) In case of merger, division, acquisition and asset transfer, we may transfer relevant assets under the service to a third party. We may also transfer part or all of the services under the Agreement to a third party for operation or performance after notifying you unilaterally. The specific transferee shall be subject to our notice.
(3) If we find that you haven’t logged in your account for more than twelve (12) months, we may suspend your services or disable or cancel your account.
(4) If you violate the Agreement, privacy policy or Cocos' Service Rules and licensing rules, we may suspend or terminate the services provided to you. If you subsequently register your account again directly or indirectly in the name of another person, we have the right to suspend or terminate the account upon discovery.
(5) If you violate the relevant laws and regulations and may have adverse effects on Cocos, we may suspend or terminate the services provided to you.
9.3 After the termination of the Agreement, unless otherwise specified by law, in principle, we are not obliged to disclose any information in your account to you or your designated third party. After the termination of the Agreement, we have the following rights:
(1) We can delete your personal information or make it anonymous according to the requirements of applicable laws. You may also continue to save other contents and information you have retained on our platform within the time limit and in the manner prescribed by law.
(2) For your past breach of contract, we can still hold you liable for breach of contract according to the Agreement.
10. Disclaimer
10.1 For the products, services, information, materials and contents in the Agreement, Cocos does not make any express or implied representations or warranties in any form. You agree to bear the risk of your own use of the products and services under the Agreement. We are only responsible for the scope of responsibility clearly stated in the Agreement. We will not bear any responsibility for the losses of the third party and your end users for whom the services are indirectly provided through Cocos.
10.2 You understand and agree that you shall bear any third-party claims arising from your use of the service, violation of the terms of the Agreement or any action taken under your account. You shall be responsible for the resulting claim against Cocos , employees, customers and partners by a third party, and compensate Cocos and its aggrieved parties for all losses incurred therefrom.
10.3 During your use of Cocos Products and Services, you shall abide by the laws of the People's Republic of China, and shall not endanger network security. You shall not use Cocos Products and Services to engage in activities that infringe on the reputation, privacy, intellectual property rights and other legitimate rights and interests of others. We shall not bear any responsibility for your illegal act or breach of contract in using Cocos Products and Services, and all the responsibilities arising therefrom shall be borne by you.
10.4 If you use the Cocos Products and Services under the Agreement to obtain and use the products or services from a third party, you may also be bound by such third-party agreements. The Agreement does not affect your legal relationship with such third party. The third party is responsible for the products or services provided by the third party under the Agreement, and any liability arising therefrom has nothing to do with Cocos.
10.5 If you need to comply with local laws and regulations due to your specific business reasons in the process of using Cocos Products and Services, please comply with relevant local regulations. You shall bear the losses caused to you due to your failure to comply with corresponding regulations, and you shall bear the losses (if any) caused to Cocos.
10.6 Under no circumstances shall we be liable for failure or delay in performance due to normal maintenance of Internet equipment, failure of Internet connection, failure of computer communication or other systems, power failure, strike, riot, unrest, disastrous weather (such as fire, flood, storm, etc.), explosion, war, government actions, and orders of judicial administrative organs.
10.7 Although we strive to provide you with high-quality services and experiences, unless otherwise agreed or committed, please understand that we or the third party we cooperate with can’t guarantee the following:
(1) Products and services provided by us or third parties meet your specific needs;
(2) We continuously provide you with accurate, safe, continuous, reliable and defect-free services;
(3) Cocos will not have information storage failure or literal error;
(4) Any of your information will not be lost, deleted or damaged at any time;
(5) Any products and services on Cocos meet the expectations of Users.
11. Liability and compensation for breach of contract
11.1 Please respect the ownership and intellectual property rights of us and any third party. If we have reasonable evidence to prove that you have infringed, we have the right to claim your tort liability. Moreover, you shall fully compensate us for the losses caused by your infringement, including but not limited to arbitration fees, litigation fees, notarization fees, preservation fees, attorney fees, travel expenses and all reasonable expenses incurred thereby.
11.2 If you are reported or complained by other Users, or we have reasonable evidence to find that you are suspected of violating relevant laws and regulations, the provisions of the Agreement, the privacy policy or other provisions or rules of Cocos, we have the right to review (including but not limited to reviewing all User information and data, chat records, etc.), delete and block relevant content at any time without notice, and impose penalties on the violating account according to the behavior, including but not limited to warning, restricting or prohibiting the use of some or all functions, blocking or even cancelling the account, freezing and/or deducting all or part of the fees payable to you as liquidated damages for your violation of laws, regulations and the Agreement, and have the right (but not the obligation) to announce the handling results, and notify the authorities such as public security if necessary.
11.3 You understand and agree that we have the right to impose penalty on any User who violates relevant laws and regulations or the provisions of the Agreement according to our reasonable judgment, take appropriate legal actions against such a User who violates laws and regulations, and keep relevant information according to laws and regulations and report to relevant authorities. You shall solely bear all legal liabilities arising therefrom.
11.4 When you violate laws, regulations or the Agreement, we have the right to freeze and/or deduct all or part of the fees (if any) payable to you as liquidated damages. If such liquidated damages are still insufficient to compensate us for the losses incurred thereby, we reserve the right to continue to recover from you.
11.5 For each Cocos product and its services, the maximum cumulative liability of Cocos to you under supplementary agreement is limited to the direct damages finally awarded, with the amount not exceeding the amount paid by the User for corresponding Cocos product and its services as specified, depending on the following content:
(1) Value added services. For value-added services, the maximum liability of Cocos to you for any accident resulting in the claim will not exceed the amount of value-added services you paid within twelve (12) months before the accident.
(2) Free products and distributable codes. For products and professional services provided free of charge, and codes for which you have the right to redistribute to third parties without additional payment to Cocos, Cocos’ liability is limited to direct damages not exceeding RMB 5,000 finally awarded.
(3) Exclusion clause. In any case, Cocos’ indemnities to Users are limited to direct losses and do not include liability for indirect, accidental, incidental, special, consequential, punitive or derivative damage or loss of use, loss of business information, loss of goodwill, loss of revenue, or interruption of business, regardless of the causes of the damage or loss, or the theory of liabilities on which it is based.
12. Applicable law and dispute resolution
12.1 The conclusion, execution, interpretation and dispute resolution of the Agreement shall be governed by the laws of the People's Republic of China. If there is no relevant legal provision, reference can be made to common international business practices and/or industry practices, without regard to applicable conflict rules.
12.2 In case of any dispute, both parties shall settle through friendly negotiation. If negotiation fails, you and Cocos unanimously agree to submit the dispute to a competent people’s court in the place where the Yaji Software is registered.
13. Miscellaneous
13.1 No matter whether any clause of the Agreement is completely, partially invalid or unenforceable for any reason, the remaining clauses shall remain valid and enforceable.
13.2 The confidentiality clauses, intellectual property clauses, applicable law and jurisdiction clauses and other clauses that should exist in nature under the Agreement shall not be invalidated by the termination of the Agreement.
13.3 The Agreement is the general terms for your use of Cocos Products and Services. Once you use Cocos Products and Services, it will be legally binding and is an important part of the written agreement reached and signed by you and Cocos. In case of any conflict between the contents of the Agreement and the written agreement, the written agreement shall prevail.
13.4 All notices to the Users by Cocos under the Agreement can be send to Users by means of website announcement, e-mail, system notification, private message, mobile phone SMS or regular mails; Such notices shall be deemed to have been served to Users on the next day of their dispatch.
13.5 Cocos has the right to interpret the Agreement to the maximum extent permitted by law.
13.6 User’s notice shall be served through the following customer service contact information or the mailing address, fax number, e-mail address, etc. officially announced by Cocos.
Customer service email: [ Support@Cocos.Com ]
Customer service hotline: [ (+86) 0592-5915931 ]