Use Cooper Terms and Conditions
Welcome to the usecooper.com Site, product and service which is operated by Use Cooper Pty Ltd (in this Agreement, "Use Cooper", "Cooper”, "we", "us" or "our").
Please read these “Terms of Service” fully and carefully before using the https://usecooper.com (the “Site”) and any other product and service operated by us. The following Terms of Service govern all use of the Site, product and service and all content, services and products available at or through the Site, unless you have a written agreement in place with us covering such use in which event the written agreement shall take priority.
By accessing or using any part of the Site, products and service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, product and service. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.
The Website and apps are available only to individuals who are at least 16 years old.
1. Your Use Cooper Account and Site.
If you create an account on the Site or via the product and service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not add images to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any project that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate an account, share artwork, content or files with other parties, or otherwise make (or allow any third party to make) material available by means of the Site, product and services (any such material, including artwork files, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or computer software. By making Content (defined by artwork, files or other; created, shared or distributed on Adobe products through our Site, products or service) available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer or client has rights to intellectual property you create, you have either (i) received permission from your employer or client to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- to the extent that any Content contains personal data, you have obtained all necessary consents or are otherwise lawfully entitled to use such personal data in the Content;
- the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods
3. We acknowledge that the files you share in your account are the exclusive domain of you as a user. We do not claim any intellectual property rights whatsoever to your files.
Without limiting any of your representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any Content that, in our reasonable opinion, violates any of our policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site, product and services to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
4. Responsibility of Site Visitors and Product and Service Users.
We have not reviewed, and cannot review, all of the material, including images and text, posted to our products and service, and cannot therefore be responsible for that material's content, use or effects. By operating the Site, products and service, we do not represent or imply that we endorse the material shared, posted or otherwise, or that it believes such material to be accurate, useful or non-harmful.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including images and text, made available through the websites and webpages to which the Site, products and service link. We do not have any control over those third-party websites and webpages, and are not responsible for their contents or their use. By linking to a third-party website or webpage, we do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of third-party websites and webpages.
6. Copyright Infringement and Australian Copyright Act.
As Use Cooper Pty Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by usecooper.com violates your copyright, you are encouraged to notify Use Cooper Pty Ltd in accordance with the 1968 Copyright Act.
7. Intellectual Property.
The information contained on Cooper, such as text, pictures, photographs and illustrations, which have been subject of substantial investments, are protected. But for some legal exceptions nothing the trademarks on this site, product and service belong to Use Cooper Pty Ltd, its licensors or third parties.
We reserve the right to display advertisements on the site.
We reserve the right to display attribution on the Site, product and service such as ‘Sent by us'. Footer credits and the products and services may not be altered or removed.
We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site, products and service following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site, products and service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We may terminate your access to all or any part of the Site, products and service, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Site, products and service. 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. Disclaimer of Warranties.
The Site, products and service are provided "as is". Use Cooper Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, makes any warranty that the Site, product and service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and apps at your own discretion and risk.
13. Limitation of Liability.
In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You agree to indemnify and hold harmless Use Cooper Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, product and service, including but not limited to your violation of this Agreement.
16. Paid Subscription (Part-time and Full-time) User Terms.
As long as you pay the fees stated for your Use Cooper Pty Ltd “Part-time” or “Full-time” or “Agency” subscription plan (Subscription Fees), you may use our extension (the Product) as a service through the Site, or extension on a non-exclusive and non-transferable basis, subject to the limitations set out in these terms (Subscription).
17. The maximum number of people allowed to use the product services is stated in your account on the Site (under: Pricing) and also corresponds to the number of seats purchased in your subscription plan. We will contact you if this is to occur and this information will also be available via the Site.
18. Third party users can collaborate with you on any artwork project initiated by you using the Site, products and service (Project) as long as they access the Site, product and service for this reason only (Third Party Users). You are responsible for the collaboration rights you grant to Third Party Users and liable for their use of the Site, product and service. You can allow anyone to view and collaborate on your Project as long as they’ve been given direct permission by you.
19. Your Cooper subscription will continue month-to-month or year-to-year (depending on your subscription period) until terminated. Unless you cancel your subscription before your monthly/yearly billing date, you authorise us to charge your next month/year's subscription fee to your card. You can find specific details regarding your subscription by contacting us.
20. You are free to cancel your subscription at any time. Payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods. To cancel, open the Product go to "Settings" and then “Subscription Details” and follow the instructions for cancelling. Note, if you have a paid subscription, by cancelling we will default your subscription to a free account and will no longer charge you.
21. We may change our subscription plans and the price of our subscriptions from time to time; however, any price changes or changes to our plans will apply to you no earlier than 30 days following notice to you. Any changes to your plan will be communicated to you 30 days in advance.
22. We offer a free subscription, to allow Users to try the Product. If you reach the limit of Projects specified for that subscription, you will be prompted to upgrade to a paid account and until done so will not be able to use the Product for any more Projects until a new Project monthly cycle (Cycle) rolls around. This Cycle will be based on the date you activated your subscription.
23. If a payment error occurs on your account we will always aim to rectify this. We do not advise you file a dispute or chargeback with your card provider as a result we will be forced to block access to your account and remove all your data for however long it takes for the bank to close your dispute.
24. Communication policy and terms.