Last Updated: May 13, 2022
1. BY DOWNLOADING, INSTALLING, OR USING "Cool EM Launcher App Team" product ("service", "we", "our"), YOU AGREE TO BE BOUND BY BOTH THESE TERMS OF SERVICE（"TOS"） AND THE our product PRIVACY POLICY. YOU CAN CHECK THE MODIFIED VERSION FROM THE SOFTWARE OR THE OFFICIAL WEBSITE. YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUOUSLY USE our product AFTER THE DATE ON WHICH the TOS HAVE CHANGED, our product WILL TREAT YOUR USE AS ACCEPTANCE AND COMPLIANCE WITH THE UPDATED TERMS.
2. Our product may also offer other services that are governed by different TOS. In such cases the other TOS will be posted on the relevant service to which they apply.
3. If you do not agree with the TOS, please do not use or access our product.
1. If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to the TOS (both for themselves and on your behalf) before you can use our services. If you are using our services on behalf of a company, partnership, association, or other organization ("organization"), you warrant that you are authorized to do so and that you are authorized to bind your organization to the TOS and in such circumstances "you" will include your organization.
2. You agree to provide true, accurate, current and complete information about yourself as prompted by the our product Service's registration (at our product’s need or request in its sole discretion). You are entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify our product should your password or any of your information be compromised and of any such unauthorized use. our product cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. You agree that our product may show AD in some placements, such as desktop, drawer, charging screen and some other proper placements within our product features' UI, all Ad are marked with "Ad", "Promoted" or "Sponsored", none of them is deceptive. And we value user experience, most Ad are native, there are no video Ad and interruptive Ad, and you can upgrade to Prime version to remove the Ad permanently.
1. Your using or accessing our product is also governed by our product Group's Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our product Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the our product Privacy Policy carefully and use it to make informed decisions.
1. When you provide any submissions to our product, you understand and accept complete responsibility for your submissions, including any and all consequences that may arise. As such, you represent and warrant that you: own or have secured all necessary licenses, rights, consents and permissions for such submissions and authorize our product to make use of these submissions in the manner contemplated by the TOS;
2. By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your content or the content of any third party, including, but not limited to, for any errors or omissions in your content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen content, but that we shall have the right (but not the obligation) to refuse, move or delete any content that is available via the Service.
3. We shall also have the right to remove any content that violates the TOS or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any content. You may not rely on any content created by us. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
4. Prohibited Content Submissions
You may not create a user name, post, upload, email or otherwise transmit to our product Submissions of any kind that is, within the sole discretion of our product, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
1. When you provide Submissions to our product, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to our product, you grant our product (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, exclusive right (themes) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, and store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
2. Other than Submissions you provide to our product, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, "our product Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to our product, subject to intellectual property rights. You understand and agree that all our product Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of our product or the respective owners. our product reserves all rights not expressly granted to you. If you download, print or display any our product Content for personal use, you must retain all copyright and other proprietary notices.
3. You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of our product (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). our product reserves the right to charge the tort liabilities.
4. You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. our product reserves the right to charge the tort liabilities, unless you have been granted by our product in writing.
1. Provided with proper notification and documentation, our product will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. our product assumes no responsibility for monitoring the Service. In the event our product chooses to review any Submission (such review is solely within our product's discretion), our product assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, our product may remove any Submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. our product reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
2. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our product 's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
our developer email shown on Play Store
our product's Agent will forward this information to the alleged infringer. It is our product's policy to terminate the accounts of repeat infringers.
Should you violate or breach the TOS, our product reserves the right, at its sole discretion and without notice, to suspend or terminate your account, any and all content and information you may have provided and your ability to access any part of our product. The termination will not affect the obligations and liabilities you should assume before the termination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS EXPRESSLY SET FORTH HEREIN, our product MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. our product DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT our product AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE BREACH OF THE TOS OR THE USING OF SERVICE, EVEN IF our product HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
You agree to indemnify and hold our product and its affiliates, subsidiaries, employees and agents harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by you.
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise, the TOS and any dispute or claim arising out of or in connection with the TOS will be governed by the laws of the People’s Republican of China.
Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the TOS, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC), and the place of arbitration shall be in GuangZhou. Within the valid period for the arbitration, such arbitration tribunal shall subject to the arbitration rules of the CIETAC in effect at the time of the arbitration. The award of the arbitration tribunal shall be final and binding upon the two parties.
Please contact us through the developer email on Google Play Store if you have any questions regarding these Terms of Service.