Terms of Service
Update Date：2024.10.14
Introduction
Welcome to use CoolDrama!
Thanks for using our products and/or services (hereinafter referred to as “CoolDrama Services”, “our services” or “services”). CoolDrama Services are provided by HAN BOOK PTE.LTD.（hereinafter referred to as “HAN BOOK” or “we”）with registered address at 331 NORTH BRIDGE ROAD, #22-01，ODEON 331, SINGAPORE 188720。
CoolDrama Services refer specifically to relevant products, services and/or functions provided via CoolDrama platform, including but not limited to software, websites and services (including off-site services, such as the advertising services and plug-ins “applied or shared through our service” etc.), to be used only in specific countries/regions. Please note that CoolDrama Services do not include the services provided in China mainland, or relevant services and/or functions of any “CoolDrama” product of Beijing CoolDrama Science & Technology Co., Ltd. and/or its related companies. CoolDrama platform refers to the website and/or mobile/TV application of CoolDrama Services or other platform operated, managed or owned by us (hereinafter referred to as “our platform” or “platform”).
Usage of our services will be deemed as acknowledgment and consent to this Agreement. If you do not agree to any clause of the Agreement, you shall avoid or cease using CoolDrama Services immediately.
The operation tips, Q&A guidelines, user help on our platform or rules, procedures and policies published on our platform or as may be delivered to you through notifications from time to time shall form part of the rules for your use of CoolDrama Services and shall form part of this Agreement.
General Terms
Our Services
1.1 You must be 18 years of age to become a member of the CoolDrama services.
We attach great importance to the protection of minors. The age classifying minors varies in different country/region. If you are over 18 years old but still be a minor under local law, please read this agreement under the guidance of guardian and use CoolDrama services with the explicit consent of guardian. We reserve the right to request proof of guardian’s consent as deemed necessary.
1.2 We use various technologies to provide you with an optimal viewing experience. The quality of content (such as the availability of HD or 4K Ultra HD, Dolby, etc.) may be affected by, among other factors, the format of the content, the devices used, the speed and/or bandwidth of your internet service; and may also be affected by your membership (such as VIP membership interest).
1.3 You acknowledge and agree that you can use CoolDrama Services only in the country/region where your account is created and that the availability of content may vary due to the country/region you are in and/or the service interest you may enjoy (such as VIP membership interest), and may be altered from time to time.
1.4 A special VIP membership service Agreement will be made for the VIP services provided by us and will form a supplementary Agreement to this Agreement. Where the special VIP Agreement conflicts with this Agreement, the former shall prevail.
The special VIP Agreement will be displayed again when you buy VIP membership. Please read it carefully and purchase such only after you’ve read and agreed to all of its contents.
Use of Our Services
2.1 CoolDrama Account
2.1.1 You may create an account to access certain features and services of the platform. You may directly register on the platform to create an account, or you may also register through your account with certain authorized third parties (such as Facebook/Google); if you log in using authorization by any third-party account, you need to follow both these Terms and relevant rules of the corresponding third party concerning the usage of the account.
2.1.2 To ensure a smooth use of our services, you acknowledge and agree that you must abide by the following rules while registering and using your CoolDrama account:
(1) (1) When registering an account for CoolDrama Services, you must provide us with complete, authentic and accurate personal information. You shall not use other persons’ identity, email address, mobile phone number etc. for your account registration. The registration information such as the account name, profile photo and profile submitted by you shall not include any illegal or inappropriate information;
(2) Except when registering through the authorized third-party accounts permitted by us, you shall only register through the channel officially provided by us. You shall refrain from obtaining an CoolDrama account via unauthorized or other illegal methods, including but not limited to purchasing, renting, borrowing, sharing, maliciously utilizing or destroying our registration system;
(3) You only have limited rights to use the account and your account can only be used for personal and non-commercial purposes;
(4) You should keep, use and maintain your account number and password in a proper and secure manner, and shall not transfer, lend, rent, sell, share or authorize in any way other person to use the account; you are responsible for all actions conducted under and/or via the account owned by you.
2.1.3 If you are found to have conducted the following acts, we have the right to suspend or permanently terminate, cancel or withdraw your account, interrupt or end the provision of further CoolDrama Services to you without bearing any responsibilities:
(1) You applied so;
(2) You breached the clause of this Agreement；
(3) Required by relevant laws and regulations and regulatory policies;
(4) Your account has not been used for 365 consecutive days;
(5) Where we have reason to believe that your usage has damaged (or may cause possible damage to) the lawful rights and interests of CoolDrama and/or others.
2.1.4 To protect the account security, we may verify your identity in a variety of ways periodically, including but not limited to short message or email verification, etc. If you are unable to complete the verification or refuse to verify or it is reasonable to suspect that your account has been stolen or your account activities are abnormal, we may suspend/stop CoolDrama Services or take further actions we deem appropriate.
2.1.5 If your account number (or password) is lost for which you are not liable, and you need to retrieve it, you shall provide the corresponding information and proof as required by us, following the retrieving process officially provided by us. If the provided materials are not authentic or do not meet the requirements, which will fail our security verification, you may not be able to retrieve your account, and you shall bear the risks and losses arising therefrom.
2.1.6 Account Cancellation
You can cancel your account. You may apply for cancellation using the online cancellation function of our product.
Please be noted that, once you cancel your account successfully:
(1) You will not be able to use your canceled CoolDrama account;
(2) You will be deemed to have automatically waived all of your rights and/or interests associated by using CoolDrama Services (including the existing rights but not be consumed, the expectation interests, etc.) and we will not be able to help you retrieve any content, information, data or record related to your account, except as otherwise provided by applicable laws and regulations and/or regulatory requirements;
(3) Your canceled account is permanently unrecoverable.
Except as otherwise agreed herein, your account needs to meet all of the following conditions if you voluntarily cancel your account:
(1) This account shall be owned by you and registered via CoolDrama products;
(2) There are no ongoing deals or balance available in the account;
(3) Please be sure to unbind the subscription services if you have subscribed before;
(4) There are no unsettled disputes (including but not limited to complaints, reports, litigation, arbitration, state authority investigations, etc.);
(5) Meet any other requirements to protect your account security and interests of your account.
Please be noted that your deletion of your account does not mean that you are released or exempted from any liabilities resulting from your use of the account.
2.2In order to protect the security of your account and prevent the theft of the account or malicious sharing of the account, you understand and agree that we can limit the number of device terminals that can be logged in to the same account at the same time. Generally, an account can only be used on the same device, specific rules of limitation refer to the notes on relevant pages or the limitations actually imposed. We have the right to change the aforementioned restriction rules, and the specific rules of CoolDrama shall prevail. If there is a conflict between the publicity rules or it does not conform to our actual restrictions, the restrictive behavior actually performed shall prevail. If you violate the aforesaid restrictions or log in across different or multiple terminals, we may, depending on the actual conditions, verify your identity in one or several manner(s) (SMS, email, etc.). If you fail such verification, we may refuse to provide further services for your account and/or take further measures.
2.3 Pay & Refund of Digital Content
This product provides membership services and virtual currency recharge services for unlocking content. Please carefully read and confirm the "CoolDrama VIP Service Agreement" before subscribing. Regarding recharge services (not includ subscriptions), CoolDrama has the right to decide the standards and charging methods of the provided services, we will clearly mark it and give you tips and instructions on the relevant page. Users have the right to choose whether to continue using the paid services provided by this software. After recharging, users will receive virtual currency, which can be used to unlock contents in the CoolDrama. Once the subscription of your membership is opened, it is not transferable, and once your Subscription Fee is paid successfully, it will not be refunded (except in the case of a breach of contract on our part leading to your complete inability to use the product due to major defects in the Service of VIP Membership, otherwise agreed in this Agreement, refund required by laws and regulations, or after we so decide) If there is an unexpected failure during the recharge process, please contact us and we will do our best to help solve your problem.
User Behavior
3.1 You should access and use CoolDrama Services upon abiding by this Agreement and relevant applicable laws and regulations. You can only use CoolDrama Services for personal and non-commercial purposes. Our written consent is required otherwise for commercial use. You agree that you will not conduct or use CoolDrama Services to conduct the following activities (nor providing facilitation or support for others in conducting such). Or otherwise you shall bear all responsibilities and consequences incurred therefrom, and where any loss and/or adverse impact is inflicted upon us, you shall compensate us in full and eliminate such adverse impact:
3.1.1 Harming minors and/or other persons in any way;
3.1.2 Engaging in activities, violations or crimes infringing upon the lawful rights and interests of CoolDrama and others, including providing assistance thereto;
3.1.3 Obtaining the services, contents or data (including the personal information of other users) of CoolDrama platform, personally or by an agent, in any way (including but not limited to, any automatic software such as robotic software, spider software and crawler software, script and software)and due to whatever cause, without the prior explicit written approval from CoolDrama;
3.1.4 Evading, removing, altering, obstructing, damaging or otherwise interrupting the security measures of CoolDrama for its services;
3.1.5 Displaying the service content of CoolDrama in part or whole in any public occasion, with or without charge, without explicit authorization from CoolDrama (except when the aforesaid behavior does not constitute an infringement);
3.1.6 Using CoolDrama Services in an improper way or in ways violating the principle of honesty and creditability (such as using the loopholes of rules and system, abusing VIP identity, black industry, speculation and other manners that go against the original purpose of CoolDrama Services);
3.1.7 Faking contents (including title) in any way to make people believe that they are transferred by us;
3.1.8 Uploading, posting, emailing or otherwise transmitting software virus, political propaganda, commercial solicitation (such as advertising letters and promotional materials), chain letter, bulk mail or other form of “spam”, and contents that infringing upon the patent, trademark, copyright, trade secret or other proprietary rights and/or unauthorized contents；
Protection of Your Personal Information
Privacy Policy introduces our collection, processing and protection of your personal information, and your control over such information while you’re using our services, please read it carefully.
Intellectual Property Rights
4.1 We reserve all rights concerning the contents you are using that are owned by us, or used by authorization and provided in CoolDrama Services or the ones protected by IPR as gained via CoolDrama Services, including but not limited to software, interfaces, interactive factors, LOGO, trademarks, logos, graphics, words, texts, sounds, audio, video, portraits, pictures, technologies, materials etc.
4.2 Without our authorization, you may not copy, publish, rent, exhibit, show, project, broadcast, disseminate, shoot, adapt, translate, compile, create derivative productions of, or provide for sales of CoolDrama Services and contents.
4.3 Software (and its technology) of CoolDrama Services
4.3.1 You may need to download our software in order to use CoolDrama Services. For such software, we only grant you revocable, limited, non-transferable and non-exclusive right to use. You may download and use the software to access / use CoolDrama Services for non-commercial purposes only.
4.3.2 To improve user experience and ensure security and conformity of products and services, we may update the software from time to time. We suggest you upgrade your software to the latest version.
4.3.3 You may not copy, modify, publish, sell or rent our services or any part of the software, nor obtain the source code through reverse engineering, decompilation, disassembling, or other similar methods.
Advertising and Third-party Links
5.1 You acknowledge and agree that, we reserve the right to display commercial advertisements (including advertising links) or other type of commercial information (including but not limited to display advertisement at any spot of CoolDrama platform or in the content you uploaded or disseminated) during provision of CoolDrama Services, as permitted by applicable laws and regulations.
5.2We may decide, at our own discretion, the form, time, position and content of advertisement, without any interference of third party, as permitted by applicable laws and regulations.
5.3 You acknowledge and agree that, we may send you product promotion or relevant commercial information via email, e-message or other methods and will at the same time provide ways for you to unsubscribe.
5.4 CoolDrama Services may provide links to other international Internet sites or resources. We will follow the provisions of applicable laws and regulations to urge advertisers to perform relevant obligations, and you acknowledge and agree that, we have no actual control over such advertisers and advertising contents and that you need to be prudent concerning the authenticity and reliability of such advertisement. You shall be personally responsible for any act between you and the advertiser or advertisement owner and settle relevant dispute of any kind there between. We shall bear no extra responsibilities in this regard unless so required for the advertisement publisher by applicable laws and regulations, and we will provide necessary assistance according to law.
Disclaimer, Limitation of Liability, and Indemnification
6.1 Nothing in this agreement shall affect any statutory rights that you are always entitled to as a user and that you cannot contractually agree to alter or waive. This agreement and all disclaimers and limitations of our liability contained in this agreement shall only apply to the maximum extent permitted by the applicable laws and/or regulations.
6.2 You understand and confirm that, unless otherwise agreed herein or required by applicable laws and regulations, CoolDrama services are provided according to the current status of the existing technologies and conditions. We make no express or implicit promises or warranties with respect to CoolDrama services (including technology and information) provided, including but not limited to the service content, special function of services or their reliability, availability and whether they meet your requirements, but we promise to continuously improve our service quality and service level. Unless otherwise stipulated by applicable laws and regulations and whether it’s foreseeable, we only bear the responsibility for our services to the maximum extent permitted by law, and shall not be liable for any indirect, incidental, derivative or punitive losses and/or damages and loss of profit, business reputation, business opportunity, data or other tangible or intangible losses arising out of the services. We will not be responsible for any defamation, offense or other illegal conduct of any third party, and will not bear any loss suffered by you.
6.3 We may be held liable for the direct liability agreed herein only. Except as otherwise provided herein or stipulated by the applicable laws and/or regulations, in no event will we be held liable hereunder exceeding the total service fees charged by us for CoolDrama services.
6.4 You agree to defend (at our option), indemnify and hold harmless each of CoolDrama and its service providers from and against any and all claims or other disputes resulting from or related to:
6.5.1 Your breach of any provision of this agreement;
6.5.2 Your violation or alleged violation of any intellectual property right or other lawful rights and interests; or
6.5.3 Claims of any person that your acts damaged the rights and interests of a third party.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6.5.4 You acknowledge and agree that we are obligated to fully cooperate with any law enforcement authorities, administrative organs or court order requesting or directing us to disclose the identity of anyone posting any contents that are believed to violate this agreement. We will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that we shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
You acknowledge and agree that you waive all rights and agree to hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either us or any law enforcement or regulatory authorities.
Service Change and Termination
7.1 To the maximum extent permitted by the applicable laws and / or regulations, we have the right to, according to our business development, temporarily or permanently change or terminate CoolDrama Services (or any part). We shall not be liable to you or any third party for any change or termination of CoolDrama Services. In the event that your rights and interests are damaged as a result of the change or termination of CoolDrama Services (or any part thereof), we will make reasonable compensation to you based on the confirmed actual and direct loss upon your application.
7.2 We reserve the right to suspend, terminate, cancel or withdraw your account, or terminate the use of CoolDrama Services, or change, delete, or transfer the contents that are stored and published by you on our platform based on proper causes, to the maximum extent permitted by the applicable laws and / or regulations, this Agreement, and any other rules of our platform.
7.3 Any obligation which expressly or by their nature should continue after termination, cancellation, or expiration of the Agreement shall survive and remain in effect after such termination, cancellation or expiration.
Notifications and Contact Information
8.1 All of our notifications to you hereunder may be done via announcement posted on our websites, email, SMS or any other means by which you could reasonably obtain notice thereof, and such notifications shall be deemed to have been delivered to you at the time of sending. If we send notifications via several means above at the meantime, such notifications delivery time refers to the earliest time of sending.
8.2 If you have any questions relating to this Agreement or matters related to the use of CoolDrama Services (including inquiries, complaints, etc.), you can contact us by using functions provided by CoolDrama. We will reply to you as soon as possible upon the receipt of your comments and suggestions.
About the Agreement
9.1 We may modify this Agreement from time to time and the modifications to this Agreement will take effect immediately after modification. If these modifications to this Agreement, in our sole discretion, make substantial reduction or significant alteration upon your rights hereunder, we will notify you via announcement posted on our platform, pop-ups, or any other means by which you could reasonably obtain notice before the modifications take effect. Please read the modifications to the Agreement carefully before continuing using CoolDrama Services. If you still choose to use CoolDrama Services, it shall be deemed that you have fully read ,acknowledge and agreed to be bind by this Agreement and the modifications.
9.2 You acknowledge and agree that, we reserve the right to transfer our rights and obligations hereunder in whole or in part to our affiliate companies. We reserve the right to transfer our right to claim under this agreement to our affiliate companies. Consequently, such companies will be entitled to demand claims (if applicable in accordance with the laws and / or regulations) as per relevant clauses of rights stipulated hereunder. Other than this, no other person or company shall be a third-party beneficiary of the agreement. You acknowledge and agree that in case of the forgoing transfer, we do not need to provide you any written notice of such transfer. We guarantee that our affiliate companies will continue to perform the obligations hereunder and your rights and interests herein will not be damaged due to such transfer.
9.3 The headings of this Agreement are only provided for convenience and readability and shall not affect the meanings or interpretations of any clause herein.
9.4 In any case any one or more of the clauses contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
9.5 Both parties agreed that this Agreement, as well as the execution and the interpretation of this Agreement, shall be subject to the laws of Hong Kong to the maximum extent permitted by applicable law.
Any disputes that raised out of or related to this Agreement, including but not limited to carrying out the provisions of this Agreement, shall be negotiated by both parties through amicable settlement. In addition, both parties may also submit the dispute to the Singapore International Arbitration Centre（"SIAC"）.The seat of arbitration shall be Singapore，the arbitration proceedings shall be conducted in Chinese.