Terms of Service

TERMS OF SERVICE

Welcome to Coconuts, the online service of Coconuts Media Limited. (“Coconuts,” “we,” or “us”). These Terms of Service (this “Agreement”) explain the terms by which you may use the Coconuts web site, our mobile web site for devices (“Mobile website”), and other online or mobile services we may provide (collectively, the “Service”). Please read these Terms of Service and the Coconuts Privacy Policy carefully before using the Coconuts Service.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1.  GENERAL RULES

a. Acceptance: By accessing or using the Service, you agree to be bound by all of the terms and conditions of these Terms of Service, and to the collection and use of your information as set forth in the Coconuts Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

b. Updates to the Terms of Service: Coconuts reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, which shall become effective immediately upon posting. Your continued use of the Service after any such change constitutes your acceptance of the new terms, so you should review this page periodically. If you do not agree to any of these terms or any future terms, you may discontinue use of the Service and terminate your account. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page.

2.  USE OF OUR SERVICE

a. Eligibility. Because we respect the rights of children and parents, you may use the Coconuts Service only if you can form a binding contract with Coconuts, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the Coconuts community, the Service is not available to any Users previously removed from the Service by Coconuts. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.

b. Coconuts Accounts. You can browse Coconuts and enjoy the Service without registering for a Coconuts account. In order to post any User Content or access certain features of the Service, however, you must register for an account with Coconuts (which may include connecting to Coconuts through a third-party service) and select a password and screen name ("Coconuts User ID"). You may not select or use as a Coconuts User ID any name that we determine to be offensive, vulgar or obscene. Coconuts reserves the right to refuse registration of, or cancel a Coconuts User ID or a User account in its sole discretion. When creating your account, you must provide accurate and complete information. We reserve the right to reclaim Coconuts User IDs on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You are responsible for maintaining the confidentiality of your Coconuts password. By connecting to Coconuts with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read ourPrivacy Policy.

c. Your responsibility for your account. You are solely responsible for the activity that occurs on or through your account and solely liable for any legal issues that may occur due to activity from your account, and you must keep your account password secure. You must notify Coconuts immediately of any breach of security or unauthorized use of your account. Coconuts will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Coconuts or others due to such unauthorized use.

d. How to control your account. You may control your User profile and how you interact with the Service by going to the profile page. For more information on how you can control the types of information we collect, please read our Privacy Policy.

f. Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Coconuts will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.

g. Changes to the Service. Here at Coconuts, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, Coconuts may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

3.  ACCEPTABLE USE OF THE COCONUTS SERVICE

We think Coconuts provides Users with an amazing platform to discover, create, and share hyperlocal content about the cities that we’re in. To keep Coconuts running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.

You are responsible for all of your activity in connection with the Service. As a condition of use, you hereby agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement or applicable laws, or any other purpose not reasonably intended by Coconuts, including without limitation:

1. To abuse, harass, threaten, impersonate, or intimidate other Coconuts Users;

2. To contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, tortious, fraudulent, offensive, or invasive of another's privacy; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;

3. To violate any laws in your jurisdiction (including but not limited to copyright laws), or for any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws in your use of the Service.

4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Coconuts User;

5. To create or submit unwanted email or text messages (“Spam”) to any other Coconuts Users or third parties;

6. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service.

Coconuts may remove any User Content or deactivate any Coconuts account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.

 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

 

To report abuse, please email: info@coconuts.co.

 

4.  SHARING YOUR CONTENT

a. Your content. Coconuts allows you to post content on the Service, including comments, photos, written posts, messages, URLs, video links, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.”  YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.

b. How Coconuts and other Users can use your content. You own all of the User Content that you post or publish (“post”) on the Service. By submitting User Content through the Service, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, reproduce, sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict Coconuts’ rights under separate licenses to User Content.

c. Your responsibility for your content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights to your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below), rights of publicity or privacy, or ANY STANDING LAWS IN THE COUNTRIES IN WHICH COCONUTS OPERATES. You shall not upload to, post or otherwise distribute on the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Coconuts is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Coconuts shall not be liable for any damages you allege to incur as a result of such User Content. Coconuts takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service.

d. Availability of Content. We do not guarantee that any User Content will be available on the Service. Coconuts reserves the right, but is not obligated, to reject, remove, block, edit or modify any User Content that we believe, in our sole discretion, violates the provisions of this Agreement. We may take such action at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.

e. Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

f. User Content Programs. We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Coconuts may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Coconuts. While Coconuts may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Coconuts does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Coconuts may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by Coconuts regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Coconuts does not participate in the creation of any of your User Content.

5.  OUR CONTENT

a. Coconuts Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of Coconuts and its licensors (“Coconuts Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Coconuts Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Coconuts Content, including without limitation any materials or content accessible on the Service. “Coconuts,” “Coconuts Bangkok,” “Coconuts Manila,” “Coconuts Singapore,” “Coconuts Hong Kong,” “Coconuts Kuala Lumpur,” and other Coconuts graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Coconuts protected by the laws of the United States and/or other countries or jurisdictions including Hong Kong, Singapore, Thailand, the Philippines, and Malaysia. Coconuts's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Coconuts Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

b. Our license to you. Subject to the terms and conditions of this Agreement, Coconuts provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. Coconuts may terminate this license at any time for any reason or no reason.

c. Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make Coconuts better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Coconuts under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Coconuts does not waive any rights to use similar or related Feedback previously known to Coconuts, or developed by its employees, or obtained from sources other than you.

6.  PRIVACY

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. Coconuts cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

7.  INDEMNITY

You agree to defend, indemnify and hold harmless Coconuts, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or Coconuts User ID.

8.  WARRANTY DISCLAIMER

a. Release of Coconuts from liability. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any actions regarding: (i) which users gain access to the Service; (ii) which Content you access via the Service; or (iii) how you may interpret or use the  Content. You release us from all liability for you having acquired or not acquired  Content through the Service. We make no representations concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Service.

b. No warranty. THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COCONUTS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

COCONUTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COCONUTS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COCONUTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9.  THIRD-PARTY LINKS, SITES AND SERVICES

The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Coconuts. Because Coconuts has no control over such sites and resources, you acknowledge and agree that Coconuts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Coconuts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COCONUTS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100 (THB3,000 or HKD775), EVEN IF COCONUTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL COCONUTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

Those who access or use the Service do so at their own volition and are responsible for compliance with all applicable local laws and regulations, including but not limited to libel and defamation regulations, and any other media laws.

11.  TERMINATION OF YOUR ACCOUNT AND THE SERVICE

Coconuts may terminate or suspend access to the Service in whole or in part and/or your Coconuts account at any time, with or without cause, with or without notice, effective immediately, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.

If you wish to terminate your Coconuts account, you may discontinue using the Service by sending an email message to: info@coconuts.co with the words "Terminate account" in the subject field.

All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.  GOVERNING LAW AND ARBITRATION

a. Governing Law. You agree that: (i) the Service shall be deemed solely based in Hong Kong; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Coconuts, either specific or general, in jurisdictions other than Hong Kong. This Agreement shall be governed by the internal substantive laws of the Hong Kong judiciary, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a court, for any actions for which we retain the right 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

b. Arbitration. For any dispute with Coconuts, you agree to first contact us at info@coconuts.coand attempt to resolve the dispute with us informally. In the unlikely event that Coconuts has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Coconuts claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Hong Kong International Arbitration Center (HKIAC).  Each party will be responsible for paying any HKIAC filing, administrative and arbitrator fees in accordance with KHIAC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COCONUTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13.  MISCELLANEOUS TERMS

a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Coconuts in any respect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

b. Notification. Coconuts may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by Coconuts in our sole discretion. Coconuts reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Coconuts is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@coconuts.co to your email address book to help ensure you receive email notifications from us.

c. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Coconuts in connection with the Service, shall constitute the entire agreement between you and Coconuts concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

d. Assignment. This Agreement is not assignable, transferable or sublicensable by you except with Coconuts's prior written consent. Coconuts may transfer, assign or delegate this Agreement and any of our rights and obligations without consent.

e. Contact. Please contact us at info@coconuts.co with any questions regarding this Agreement.

This Agreement was last updated on June 20, 2014.

 

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