These Terms of Use (collectively the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of any of the Applications (“App”or “Apps”) from COOLPLAY LIMITED

From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will provide notice of such changes by posting a notice inside the Application and updating the “Last Updated” date above. If you continue to use the App following such a posting, you accept any such change or modification.

Agreement

1.1 License

Subject to the terms of this Agreement, COOLPLAY grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).

1.2 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.

1.3 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

1.4 Modification

COOLPLAY reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that COOLPLAY will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.

1.5 Ownership

Apps provided to you are licensed to you and not sold. COOLPLAY (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The COOLPLAY name, logo, and the product names associated with the Apps belong to COOLPLAY (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. COOLPLAY (and its licensors, where applicable) reserve all rights not granted in this Agreement.

2. User Content

2.1 User Content

“User Content” of a user means any and all content that such user creates, uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). COOLPLAY is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

2.2 License

By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to COOLPLAY an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App.

2.3 Feedback

If you provide COOLPLAY any feedback or suggestions (“Feedback”), you hereby assign to COOLPLAY all rights in the Feedback and agree that COOLPLAY shall have the right to use such Feedback and related information in any manner it deems appropriate. COOLPLAY will treat any Feedback you provide to COOLPLAY as non-confidential and non-proprietary. You agree that you will not submit to COOLPLAY any information or ideas that you consider to be confidential or proprietary.

2.4 Acceptable Use Policy

The following sets forth COOLPLAY “Acceptable Use Policy”:

(1) You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

(2) You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.

2.5 Enforcement

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

3. Term and Termination

3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.

3.2 Notwithstanding the forgoing, if you used any App prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any App (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement.

3.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, Sumoing reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to Sumoing by the copyright owner or the copyright owner’s legal agent.

4. Indemnity

You agree to defend, indemnify and hold harmless COOLPLAY (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. COOLPLAY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COOLPLAY and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of COOLPLAY. COOLPLAY will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. General

5.1 Changes to this Agreement

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting update of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

5.2 Notice

Any notice provided to COOLPLAY pursuant to this Agreement should be sent to: developer@coolplaytech.com

5.3 Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

5.4 Entire Agreement

This Agreement is the final, complete and exclusive agreement of you and COOLPLAY with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to COOLPLAY is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without COOLPLAY prior written consent, and any attempted assignment in violation of the foregoing will be null and void. COOLPLAY may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.