Welcome to KOCOWA.com (“KOCOWA”). KOCOWA is a subscription online service providing users (“you” or “your”) with access to video programming content streamed over the Internet to enabled electronic devices (the “Content”) through the use of proprietary software (the “Software”).
1. Acceptance of the Terms
a. Your access to and use of the Service constitutes and is conditioned upon your acceptance of and compliance with the Terms. Your acceptance of the Terms is a binding contract between you and us. If you do not agree to these Terms in the entirety, then you may not use the Service.
c. You must be 18 years of age, or the age of majority in your domicile, to become a KOCOWA member. By registering for the Service, you represent and affirm that you are at least 18 years of age or the age of majority in your domicile. Minors may not register for the Service or become a member. Minors may, however, use the Service under the direct supervision of an adult who has consented to the Terms, under such person’s account, and such use is subject to the Terms.
d. We may, from time to time, change the Terms, including any of the other agreements referenced and/or incorporated herein. Such changes shall be effective at the time indicated in the email notice that we send to you. Your continued use of the Service after notice of the changes and after the changes are scheduled to take effect, constitutes your acceptance of the changes. If you refuse to accept such changes to the Terms or any of the other agreements referenced and/or incorporated herein, you may cancel your use of the Service.
e. We reserve the right to modify and/or close down the Website and all or any part of the Service without prior notice to you. Any such future modifications, if any, shall become part of the Terms. We are not obligated to update the Website or the Service.
2. The Service
a. We provide the Service that allows our members to access the Content through use of, without limitation, the Software. The Content includes dramas, TV shows and other programming we make available over the internet via computers, mobile and other enabled devices. The Software includes software owned by us and used in conjunction with providing the Service. Not all of the software used in providing the Service is owned by us.
b. The Service and the Content are for your personal use only. Neither the Service nor the Content may be used for any commercial purpose by you. The Service may not be used for public performances. For the period of your membership with KOCOWA only, and for no other period of time, we grant you a limited, non-exclusive and non-transferable license to access the Service and view the Content through the Service. Upon the termination of your membership for any reason, such limited license will terminate immediately. Except as explicitly stated herein, no other title, interest or right shall be given to you.
c. You may access the Service to view the Content only at the locations identified hereinafter. Our subscription video-on- demand (“VOD”) Service is available only in certain locations in North America and South America. Our advertisement supported VOD Service is available worldwide. We will use appropriate technology to verify your location when you access the Service, and you hereby consent to our use of such technology.
d. We may update the Service from time to time without notice to you. We may change the Content at any time without notice to you. This provision does not apply when we make changes to the pricing of the Service or the Service plans. For such matters we will provide notice to you as described below.
e. We do not guarantee that the Service will be free from errors. The quality of the display of the Content will vary from time to time depending on a number of factors, such as, without limitation, quality of your internet connection, device and location. We make no representations or warranties about the quality of the viewing experience of the Content.
f. Except as expressly authorized pursuant to the Terms, you may not and may not permit others to: (i) use the Service on or gain access to the Content from more than one device at a time, or install any software in a fashion that makes the Service and/or the Content available on, running on or accessible from more than one device at a time; (ii) sell, rent, lease, license, sublicense, or assign the Content or the Software; (iii) archive, download or retain any part of the Content or the Software in any form without our prior written permission, except as necessary through caching for personal use; (iv) use, alter, modify, adapt, reconfigure, or prepare derivative works of the Content or the Software; (v) reverse engineer, decompile, disassemble, or otherwise derive the source code from the Software; (vi) distribute (including via e-mail or the internet), or otherwise make available, copies of the Content or the Software to others, whether or not for payment or other consideration, without our prior written permission; and (vii) circumvent or in any manner, undermine or thwart any content protections of the Service.
g. Any price changes or changes to the Service plans will apply to you no earlier than 30 days after we provide notice to you by email or otherwise. If you do not agree to any such changes, you should cancel your Subscription (the term “Subscription” is defined elsewhere herein). To cancel your Subscription, go to the [My account page] on our Website and follow the instructions for cancellation.
h. We may terminate or restrict your use of the Service at any time for any reason, including, without limitation, if we become aware or suspect that you are violating the Terms.
j. Our subscription VOD is generally intended to not contain commercial breaks. Some Content, however, may contain advertisements that are not readily divisible from the Content itself. Accordingly, some subscription VOD Content may contain advertisements.
a. You can create your account on our Website and set up your payment method for your account.
b. After creating your account, you are solely responsible for maintaining the confidentiality of your account and password. You are solely responsible for the misuse of your account or password.
c. You affirm that all of the information you provide to us in connection with your account is accurate and up-to- date. In the event such information changes, you agree to promptly notify us of any such changes.
4. Subscription; Cancellation
a. We make the Service available on a daily, monthly or annual basis. IF YOU SELECT THE MONTHLY OR ANNUL SUBSCRIPTION FOR THE SERVICE (“SUBSCRIPTION”), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND CONTINUE MONTH-TO- MONTH OR YEAR-TO-YEAR, AS THE CASE MAY BE, UNTIL YOU TERMINATE YOUR SUBSCRIPTION. UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE MONTHLY OR ANNUAL RENEWAL DATE, YOU AUTHORIZE US TO CHARGE YOUR NEXT MONTH OR YEAR’S SUBSCRIPTION FEE, AS THE CASE MAY BE, TO THE PAYMENT METHOD WE HAVE ON FILE FOR YOU. IN THE EVENT YOUR SERVICE PLAN IS NO LONGER AVAILABLE AT THE TIME OF AUTOMATIC RENEWAL, WE WILL CHOOSE THE THEN CURRENT AND AVAILABLE SERVICE PLAN THAT IS CLOSEST TO YOUR PREVIOUS SERVICE PLAN.
b. YOU CAN CANCEL YOUR MONTHLY OR ANNUAL SUBSCRIPTION AT ANY TIME, AND YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR PREPAID MONTHLY OR ANNUAL BILLING PERIOD. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. THE FOREGOING IS TO BE CONSTRUED AND ENFORCED TO THE EXTENT PERMITTED BY THE APPLICABLE LAW. TO CANCEL YOUR MONTHLY OR ANNUAL SUBSCRIPTION, GO TO THE [MY ACCOUNT PAGE] ON OUR WEBSITE AND FOLLOW THE INSTRUCTIONS FOR CANCELLATION. IF YOU CANCEL YOUR MONTHLY OR ANNUAL SUBSCRIPTION, YOUR ACCOUNT WILL AUTOMATICALLY CLOSE AT THE END OF YOUR THEN CURRENT BILLING PERIOD. AFTER CANCELLATION YOU WILL HAVE ACCESS TO THE SERVICE UNTIL THE END OF YOUR THEN CURRENT BILLING PERIOD.
c. You may also select the daily Subscription for the Service. The daily Subscription automatically terminates upon the conclusion of the 24-hour period from the moment your daily Subscription becomes active. You cannot cancel a daily Subscription.
5. Promotional Offers
a. We may offer a trial service or other promotional Subscription (“Promo Offers”). The Promo Offers are subject to the Terms except as otherwise stated in the Promo Offers. The Promo Offer period may last for one month, or as otherwise specified during sign-up.
b. AUTO-RENEWAL OF THE PROMO OFFER IS CONTROLLED BY THE SPECIFIC TERMS OF THE PROMO OFFER, IF ANY. IN THE EVENT THE PROMO OFFER DOES NOT CONTAIN AUTO-RENEWAL TERMS, SUCH PROMO OFFER SHALL TERMINATE ON THE LAST DAY OF THE PROMO OFFER AND WILL NOT AUTOMATICALLY RENEW. IT IS EXPECTED, HOWEVER, THAT ALL PROMO OFFERS WILL CONTAIN PROVISIONS ALLOWING US TO AUTO-RENEW THE PROMOTIONAL SUBSCRIPTION.
c. You agree that, from time to time as we deem appropriate, we may send informational and/or promotional emails to you at the email address that we have on file for you.
a. The monthly or annual subscription fee for the Service will be billed on a recurring monthly or yearly basis to your payment method. You can update your payment method by clicking [My account page] on our Website.
b. By creating your Subscription account, you permit us to charge your designated payment method at the then current rate, and whatever the rate is at the time of auto-renewal, including any other charges such as, without limitation, taxes or transaction fees.
c. The amount charged from time to time for the Service may change. We reserve the right to change the amount charged for the Service in any manner and in any amount we, in our sole discretion, may determine. Upward adjustments to the Service charge will only go into effect after we provide email notice to you.
d. You can check your auto-renewal and payment due date on our Website at [Your account-payment].
e. When you update your payment method, you allow us to charge the updated payment method in the same manner and under the same terms as any previous payment method you had on file with us. You are responsible for any uncollected amounts. This may result in a change to your payment dates. If we could not collect your payment using the payment method which you provided to us, we reserve the right to charge any other payment method we have on file for you.
7. Disclaimers of Warranties and Limitations on Liability
a. THE SERVICE, THE CONTENT, THE SOFTWARE AND ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
c. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY INJURY YOU MAY SUFFER, WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
d. IF, DESPITE THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR ANY REASON, THE AMOUNT OF OUR TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE FOR THE LAST BILLING CYCLE THAT WE CHARGED YOUR DESIGNATED PAYMENT METHOD, OR $100, WHICHEVER IS LESS. SUCH MAXIMUM LIABILITY REPRESENTS A REASONABLE ESTIMATE OF POTENTIAL DAMAGES, WHICH ARE DIFFICULT TO ASCERTAIN, AND DOES NOT SERVE AS A PENALTY.
8. Governing Law
a. The Terms shall be governed by and construed in accordance with the laws of the State of California without reference to rules on the conflicts of laws.
b. Any and all disputes arising hereunder or related hereto shall be resolved exclusively in the State and Federal Courts located in Los Angeles, California, and the parties hereto consent to the exclusive personal and subject matter jurisdiction of such courts.
9. Intellectual Property
a. The Service, the Software, and the Content are protected by copyright, patent or other intellectual property or proprietary rights under laws of the United States of America or other countries.
b. All trademarks appearing on the Website are the property of us or others. We claim trademark rights in all our trademarks regardless of whether or not they are registered with the United States Patent and Trademark Office.
10. Customer Support
a. Please visit the [Help center] on our Website if you would like additional information about the Service and its features, or if you need assistance with your account.
b. We may contact you via email or telephone, as we deem appropriate, in order to seek assistance in providing the Service to you.