Terms of Use

Terms of Use

The Terms and Conditions of Use of this website (the “Terms of Use”) apply to the Coolpad Technologies, Inc. web site located at www.coolpadamericas.com, as well as all associated sites linked directly or indirectly to www.coolpadamericas.com and/or that are operated by or on behalf of Coolpad Technologies, Inc., its subsidiaries and/or affiliates (all of which are collectively referred to herein as the “Site”). The Site is the property of Coolpad Technologies Inc., dba “Coolpad Americas” as well as, in some instances, its licensors or other grantors.

BY USING THE SITE, ALL VISITORS AGREE TO THESE TERMS OF USE; IF YOU WISH TO VISIT THIS SITE BUT DO NOT AGREE TO THESE RULES, PLEASE NAVIGATE AWAT FROM THIS SITE AND DO NOT USE IT ANY FURTHER.

Coolpad Technologies, Inc. reserves the right, at any times, by any means, and in its sole discretion, to change, modify, add or remove partial content of these Terms of Use. It is Visitor’s obligation to check these Terms of Use periodically for changes.

The continuous use of the Site following the posting of changes to these Terms of Use will mean that user has accepted and agrees to all posted changes. For so long as visitors comply with these Terms of Use, Coolpad Technologies, Inc. grants each visitor a personal, non-exclusive, non-transferable, limited privilege to access and use the Site for non-commercial purposes only.

Content

All text, graphics, UI, VI, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such items of Content contained on the Site are owned, controlled or licensed by or to Coolpad Technologies, Inc., and each is protected by copyright, patent and trademark set by the Laws, Rules, Regulations, and other statutory and non-statutory law of the People’s Republic of China, (“Chinese Law”) as well as various other provisions of such law pertaining to intellectual property rights and unfair competition..

Unless expressly stated in the Terms of Use, no part of the Site or any or all of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for any commercial enterprise without Coolpad Technologies, Inc.’s express prior written permission, which permission may be granted or withheld in the sole discretion of Coolpad.

Visitors may use information on Coolpad Technologies, Inc. products and services (such as data sheets, articles, and similar materials) made available by Coolpad Technologies, Inc. for downloading from the Site, provided that such visitor: (1) does not remove any proprietary notice language in all copies of such documents; (2) use such information only for such Visitor’s personal, non-commercial informational purposes; (3) does not copy or post such information on or to any networked computer or broadcast it in any media; (4) makes no modifications to any such information; and (4) does not make any additional representations or warranties relating to such documents and/or Coolpad, its products, and/or any agent thereof.

Visitor’s Use of the Site

Visitors are not permitted to use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Coolpad Technologies, Inc. reserves the right in its sole and complete discretion to bar any such activity and prevent any further access to the Site by any Visitor engaging or believed to be engaging in such activities from using the Site.

Visitors are not permitted to scan or otherwise test the vulnerability of the Site or any network connected to the Site. Visitors and not permitted to breach the security or authentication measures on the Site or any network connected to the Site. Coolpad Technologies, Inc. reserves the right in its sole and complete discretion to bar any such activity and prevent any further access to the Site by any Visitor engaging or believed to be engaging in such activities from using the Site.

Visitors are not permitted to reverse look-up, trace or seek to trace any information pertaining to any other Visitor to the Site and/or customer of Coolpad Technologies, Inc., including, without limitation, the information contained in the account of any other registered user of the Site and/or customer of Coolpad Technologies, Inc. No visitor is permitted to use the Each Visitor agrees that he or she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any system or network belonging to, owned, operated, and/or controlled byCoolpad Technologies, Inc. and/or any affiliated entity or individual.

Visitors agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

Visitors are supposed to not allow forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal sent to Coolpad Technologies, Inc. whether on or through the Site or otherwise. Visitors are not permitted to pretend that visitors they are, or that they represent, any other person or entity, and are not permitted to impersonate any other person or entity.

Visitors are supposed to not allow use the Site or any Content for any purpose that is against contrary to and/or not permitted by Chinese Law.

Accounts, Passwords and Security

Some services offered on or through the Site may require visitors to open an account (including setting up a user name and password). Visitors are entirely responsible for maintaining the confidentiality of their own account information, including, without limitation, the Visitor’s password. Each Visitor is solely responsible for any and all activity that occurs under that Visitor’s account.

Visitors agree to notify Coolpad Technologies, Inc. immediately of any unauthorized use of their account or password, or any other breach of security pertaining to the Site. , Regardless of whether such notice has been given or not, visitors may be held liable for losses incurred by Coolpad Technologies, Inc. or any other user of, or visitor to, the Site that is caused by someone else using Visitor’s user name, password or account, whether with the permission of the Customer or otherwise.

Visitors are not permitted to use anyone account holder’s user name, password or account.

Coolpad Technologies, Inc. disclaims all liability for any damages of any nature whatsoever, and is not be liable, for any loss or damage of any nature whatsoever that arises or results from any visitor’s failure to comply with any rules governing the use of the Site and/or the failure of any visitor to comply with any applicable law, rule or regulation promulgated by any government or non-governmental organization with authority to do so.

Links to Other Sites and to the Coolpad Technologies, Inc. Site

This Site may contain links to other independent third-party \websites (“Linked Sites”). Links to these Linked Sites are provided solely as a convenience to Site visitors. Unless otherwise stated on the Site, none of these Linked Sites are under the direct or indirect control of Coolpad Technologies, Inc.,, and Coolpad Technologies, Inc. is not responsible for, does not endorse the content of, and makes no representations with the accuracy of any information contained on or in such Linked Sites. Each visitor should use his or her own independent judgment regarding the visitor’s interaction any Linked Site.
Disclaimers

COOLPAD TECHNOLOGIES, INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY VISITOR’/S USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON “AS-IS” AND “AS-AVAILABLE” BASES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COOLPAD TECHNOLOGIES, INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA VISITORS DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COOLPAD TECHNOLOGIES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COOLPAD TECHNOLOGIES, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO EACH AND EVERY VISITOR’S USE OF THE SITE AND/OR ANY COOLPAD TECHNOLOGIES, INC. SERVICES. VISITORS ASSUME TOTAL RESPONSIBILITY FOR VISITOR’S USE OF THE SITE AND ANY LINKED SITES. VISTOR’S SOLE REMEDY AGAINST COOLPAD TECHNOLOGIES, INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IS A FUNDAMENTAL REPRESENTATION ON THE PART OF EACH AND EVERY VISITOR UPON WHICH COOLPAD TECHNOLOGIES, INC. HAS RELIED IN DETERMINING WHETHER TO PROVIDE THE SITE TO THE PUBLIC.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Coolpad Technologies, Inc. reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by Chinese Law, in no event will Coolpad Technologies, Inc. be liable to any visitor for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Coolpad Technologies, Inc. has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Coolpad Technologies, Inc. is found to be liable to any visitors for any damage or loss which arises out of, or is in any way connected with, such visitor’s use of the Site or any Content, Coolpad Technologies, Inc.’s liability shall in no event exceed the greater of: (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Coolpad Technologies, Inc. (but not including the purchase price for any Coolpad Technologies, Inc. hardware or software products or any Coolpad Technologies, Inc. Care or similar support program); or (2) US$100.00 (Ten Thousand United States Dollars), unless otherwise provided by applicable law.
Indemnity

Each visitor to the Site agrees to indemnify and hold Coolpad Technologies, Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including all actual attorneys’ fees), made against Coolpad Technologies, Inc. by any third party to the extent that such demand results from, is related to, or arises out of such visitor’s use of the Site and/or the Content.

Violation of Terms of Use

Coolpad Technologies, Inc. may disclose any information we have about visitors (including each visitor’s identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding the visitor’s use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Coolpad Technologies, Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including Coolpad Technologies, Inc.’s customers. Coolpad Technologies, Inc. reserves the right at all times to disclose any information that Coolpad Technologies, Inc. deems necessary to comply with any applicable provision of Law, whether Chinese Law or otherwise, regulation, legal process or governmental request. Coolpad Technologies, Inc. also may disclose visitor information when Coolpad Technologies, Inc. determines that applicable Chinese Law requires or permits such disclosure, including for the purpose of exchanging information with other companies and organizations for the purpose of protecting against actual or threatened fraud.

Visitors acknowledge and agree that Coolpad Technologies, Inc. may preserve any transmittal or communication by visitors with Coolpad Technologies, Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by Chinese Law, or when Coolpad Technologies, Inc. determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Coolpad Technologies, Inc., its employees, other users of, or visitors to, the Site, and the public at large.

Visitors agree that Coolpad Technologies, Inc. may, in its sole discretion and without prior notice, terminate Visitor’s access to the Site and/or block Visitor’s future access to the Site if we determine that visitors have violated these Terms of Use or other agreements or guidelines which may be associated with Visitor’s use of the Site. Visitors also agree that any violation by visitors of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Coolpad Technologies, Inc., for which monetary damages would be inadequate, and visitors consent to Coolpad Technologies, Inc. obtaining any injunctive or equitable relief that Coolpad Technologies, Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Coolpad Technologies, Inc. may have at China’s law or in equity.

Visitors agree that Coolpad Technologies, Inc. may, in its sole discretion and without prior notice, terminate Visitor’s access to the Site, for any reasonable reason or purpose, which shall include, but not be limited to, the following reasons: (1) any request by any governmental law enforcement or other agency; (2) any request made by the visitor him or herself, (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Coolpad Technologies, Inc. does take any legal action against visitors as a result of any violation of these Terms of Use and/or applicable law by any visitor or visitors, Coolpad Technologies, Inc. will be entitled to recover from such visitor(s), and each such visitor agrees to pay, all actual attorneys’ fees and costs of such action, in addition to any other relief granted to Coolpad Technologies, Inc. Each visitor agrees that neither Coolpad Technologies, Inc. nor any person or entity associated therewith will be liable to visitor or any third party for termination of any visitor’s access to the Site as a result of any violation of these Terms of Use and/or violation of any applicable law, rule or regulation.
Governing Law; Dispute Resolution

All visitors agree that all matters relating to access to, or use of, the Site, including any and all disputes relating thereto, will be governed by Chinese Law without regard to its conflicts of law provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between Coolpad Technologies, Inc. and visitors arising out of or in connection with visitor’s use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable Chinese Law.

Miscellaneous

Visitors are supposed to not allow use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable law, rule or regulations, including, without limitation, the export control laws and regulations of the United States and China.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect, and the remainder of the Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between visitors and Coolpad Technologies, Inc. with regard to Visitor’s use of the Site, and any and all other written or oral agreements or understandings previously existing between visitors and Coolpad Technologies, Inc. with respect to such use are hereby superseded and cancelled.

Coolpad Technologies, Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Coolpad Technologies, Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Coolpad Technologies, Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Coolpad Technologies, Inc. and visitors or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Coolpad Technologies, Inc. provides access to Coolpad Technologies, Inc. international data and, therefore, may contain references or cross references to Coolpad Technologies, Inc. products, programs and services that are not announced in the visitor’s country. Such reference does not imply that Coolpad Technologies, Inc. intends to or will announce, or offer for sale, any such products, programs or services.
Feedback and Information

Any feedback visitors provide at this site shall be deemed to be non-confidential. Coolpad Technologies, Inc. shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2012-2022 Coolpad Technologies, Inc. Inc. All rights reserved.

6165 Greenwich Drive, Suite 220
San Diego, CA 92122.

Last updated on July 28, 2012.

COOLPAD TRADEMARK POLICY

1. COOLPAD Trademarks

The term “COOLPAD Trademarks” as used herein refers to any word marks, designs, acronyms, logos, slogans, taglines, trade dresses or other brand features owned or used by COOLPAD Technologies, Inc. ., and/or its affiliates (collectively referred to herein as “COOLPAD” ) to identify and distinguish COOLPAD as the source of its products or services.

The following Trademark List is a non-exhaustive list of COOLPAD Trademarks owned by COOLPAD that are registered in China or other countries. The list does not include many common law trademarks owned or controlled by COOLPAD. The absence of any COOLPAD Trademarks from this list does not constitute a waiver of any intellectual property rights that COOLPAD Company has or will establish in any such mark.

2. Application of the COOLPAD Trademark Policy

The COOLPAD Trademark Policy (herein referred to as “Policy”) applies to COOLPAD Company’s licensees, authorized resellers, contractors, customers, and other parties wishing to use COOLPAD Trademarks in any promotional materials, advertising, instructional materials, reference materials, or on their web sites, products, labels, packaging or other materials. If a licensee of any or all of the COOLPAD Trademarks has a specific written agreement regarding the use of any or all the licensed trademarks, then that agreement governs the use of the marks. If the customer’s license agreement does not provide any trademark policy, then the following policy applies:

By using one or more of COOLPAD Trademarks, in whole or in part, visitors acknowledge that COOLPAD Company is the sole owner of COOLPAD Trademarks and warrant that visitors will not challenge COOLPAD Company’s use, registration of, or application to register the trademark(s), alone or in combination with other words, anywhere in the world, and that visitors will not take or omit to take any action that could dilute or adversely affect any of COOLPAD Trademarks, COOLPAD Company’s ownership thereof or any related goodwill.??Except for the limited right to use as expressly permitted under this Policy, no other rights of any kind or nature are granted hereunder, either express or implied. This language is of license only.

3. Prohibited Use of COOLPAD Trademarks

Any use of COOLPAD Trademarks or any imitation thereof may constitute trademark infringement or unfair competition unless expressly authorized in advance by COOLPAD. Without limiting the generality of the foregoing, the following conduct is expressly prohibited without prior written permission from COOLPAD, which permission may be granted or denied in the sole discretion of COOLPAD: 3.1 use or registration, in whole or in part, of any of COOLPAD Trademarks or any imitation thereof in connection with any other trademark, company name, trade name, product name, service name, technology name, website name, program name and/or domain names; 3.2 use any of COOLPAD Trademark in a manner that is likely to cause confusion, mistake, or to deceive as to the affiliation, connection, or association of any user with COOLPAD, or as to the origin, sponsorship, endorsement or approval of any products, services, or activities by COOLPAD; 3.3 use any of COOLPAD Trademarks in a disparaging manner; and/or. 3.4 use any of COOLPAD Trademarks on promotional gifts or give-away merchandise items, such as bags, mugs, T-shirts and the like;

4. Rules for correct use of COOLPAD Trademarks

4.1 Trademarks can only be used as adjectives to modify nouns; the nouns herein mean the generic name of a product or service. 4.2 As adjectives, trademarks are not to be used in the plural or possessive form. 4.3 An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For example: COOLPAD(r) network equipment 4.4 Always use COOLPAD Trademarks exactly as they are shown in the COOLPAD Trademark List set forth above, or as authorized or approved by COOLPAD in writing prior to each such use, which authorization COOLPAD may grant or deny in its sole and complete discretion. Do not shorten, abbreviate, or misspell COOLPAD Trademarks. Do not mistakenly capitalize or use lower case letters when using COOLPAD Trademarks.

5. Disclaimer

This Policy is not intended to serve as legal advice. In case any user has any questions regarding such user’s legal rights or obligations, the user should contact its own legal counsel.

6. Contact info

Should you have any question about this Policy or need to obtain permission to use any of COOLPAD Trademarks, please send an email to legal department.

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