Posted February 05, 2021
We’re proud of Coil’s look and feel: Fabian and his team spent ages designing it. Our service and our content belong to us or others who have permitted us to use it. You may not copy or use any of it without our permission, unless otherwise permitted by law.
Provided you act according to these terms, you can use our Services to view, download and use Coil’s web content. But this does not give you ownership of it or any intellectual property rights over it. We can suspend our service or your access to our Services if we want, without giving any notice and without liability. If we do so, all rights granted to you under these Terms will cease immediately.
Some features of our service require you to register an account. By doing so, you agree to provide accurate information, keep it up-to-date, and to keep your account secure and private. You will not transfer or share your account with anyone else and will immediately notify us of any unauthorized use of your account. You are responsible for all activities that occur on your account and we are not liable for any loss or damage to you or any third party arising from your failure to comply with these obligations.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
You own the rights to "Content" (what you send to Coil) that you create and post on Coil. Other than the rights you grant to Coil in this agreement, you retain all of the rights that you have to your Content.
By posting Content to Coil, you give us a nonexclusive license to publish it on Coil, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it).
In consideration for Coil granting you access to and use of Coil's Services, you agree that Coil may use Content you post to promote Coil, including in Coil's own products and content. We will not sell any rights to your Content to anyone else unless you give us permission first.
You are free to share your Content with anyone else. To provide our Services, though, we need you to give us some legal permissions to use the Content you post.
Specifically, when you share, post, or upload Content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Content.
This means, for example, that if you share a photo on Coil, you give us permission to store, display, re-format, copy, and share it with others.
You’re responsible for the Content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
You’re welcome to post Content on Coil that you’ve published elsewhere, as long as you have the rights you need to do so. By posting Content to Coil, you represent that doing so doesn’t conflict with any other agreement you’ve made.
By posting Content to Coil, you are representing that you have the right to do so. For example, you are posting a work that you created anew, is in the public domain, used under license (including a free license, such as Creative Commons), or fair use.
You grant Coil permission to use your name in connection with your Content.
We love diverse content, with some important restrictions. Certain restrictions about how you use Coil Services or Coil content may be imposed based on requirements of our Financial Services providers. In certain cases, businesses listed below may be eligible for processing with explicit prior approval from Coil.
Unless you have received prior written approval from Coil, you may not:
In addition to the foregoing, and for purposes of clarity, you shall not use the Coil Service or Coil content to engage in any of the following restricted businesses (“Restricted Businesses”), unless you have received prior written approval from Coil:
In addition to the foregoing, we have the following hateful conduct policy:
Hateful display names: you may not use your username, display name, or profile biography, as applicable, to engage in abusive or harassing behavior, including, without limitation, expressing hate toward an individual or group.
Violent threats: you may not use the Service to make violent threats, such as statements declaring the intent to harm, inflict injury, or death on any individual or group.
Hateful imagery: you may not use the Service to publish, distribute, or otherwise display logos, symbols, or other images that promote hostility or malice against others.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Coil Service and Coil content.
All rights not expressly granted to you are reserved by Coil and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Coil Service or Coil content for any purpose is prohibited.
THE COIL SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER COIL NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COIL PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM MALICIOUS COMPUTER CODE. BY ACCESSING OR USING THE COIL SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE COIL SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COIL INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COIL PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE COIL SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE COIL SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE COIL SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COIL INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Coil Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Content; (iii) your misuse of the Coil Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Coil reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Coil’s defense of any claim. You will not in any event settle any claim without the prior written consent of Coil. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Coil Service.
Coil responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
Our designated agent is:
Copyright Control Officer
Coil Technologies, Inc.
268 Bush St #3632
San Francisco, CA 94104
Email: [email protected]
You can obtain further information from the Copyright Office’s online directory at https://copyright.gov/dmca-directory.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
We will respond to counter notifications in accordance with the DMCA.
Certain areas of the Coil Service require payment before you can access them (“Subscriptions”). For example, you may need to subscribe in order to access certain video content using the Coil Service. Subscriptions can be purchased by paying a periodic subscription fee. Coil will disclose to you the particular terms for any Subscription prior to collecting initial payment for any Subscription. When you register for a Subscription, you get access to the premium areas of the Coil Service. YOU CANNOT TERMINATE YOUR SUBSCRIPTION BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND COIL WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. Coil may change the price for the Subscriptions, from time to time, by posting the new price on the Coil Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Coil Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Coil Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.
From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We may require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE MAY AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.
At least some of the payments we collect from you for any Subscription or Trial will be disbursed to third parties, including, but not limited to, Third Party Services, some of which are showcased on our Discover page https://coil.com/discover. Any payments, or portions thereof, that we donate to a not-for-profit third party or Third Party Service, does not entitle you to a tax refund.
You acknowledge and agree that we may cease payments to you if we need additional information from you to comply with any governmental requirements pertaining to payments. For example, if you are obligated to file a United States 1099 tax form because our payments exceeded a given threshold, you must provide us with sufficient information to issue you the 1099 form. Payments may be resumed after we receive such information. As another example, we may cease payments to you if it is unlawful for Coil to make such payments. Coil shall have no obligation to account to you for any missed payments between the time such payments ceased and were resumed.
We do our best to describe every product or service offered on the Coil Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Coil Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Coil shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Coil is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.
For any purchases made through third party platform providers, such as Apple, Amazon, Roku, or Google, please contact their customer support. Their terms, conditions and policies, and not ours, apply and we do not handle returns or refund requests for purchases through those third party platform providers.
An unclaimed gift subscription expires 3 months from the date of purchase. Coil shall have no obligation to provide a refund for any unclaimed gift subscription that has expired.
If you have any questions or comments, please send an email to [email protected]. You acknowledge that the provision of support is at Coil’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to:
Coil Technologies, Inc.
268 Bush St #3632
San Francisco, CA 94104
When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(i) Emails: You can opt-out of receiving certain promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or contacting [email protected] with the word UNSUBSCRIBE in the subject field of the email. Your opt-out will not affect non-promotional emails, such as those about your account, transactions, servicing, or Coil’s ongoing business relations.
(ii) Push Notifications: You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.
Please note that any opt-out by you is limited to the email address or device used and will not affect subsequent subscriptions.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and Coil agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Coil’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Coil may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Coil Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Coil must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at https://jamsadr.com.
(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111.
(3) Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in San Francisco, California under California law without regard to its conflict of laws provisions. If traveling to San Francisco, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator will decide the rights and liabilities, if any, of you and Coil, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Coil.
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Coil in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COIL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco, California.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COIL OR A LICENSOR OF COIL.
From time to time, it may be necessary to revise or reissue these Terms as we develop technologies to do more with less data, launch new products, adapt to new laws or regulations, respond to user feedback, etc. We reserve the right to update these Terms as we deem appropriate and will post the updated Terms to the website. We may provide additional notice to you via email or through our website if the changes are material. Any changes will be effective immediately upon posting of the revised Terms. Your continued use of the Service indicates your consent to the Terms when posted.
No Coil consent or approval may be deemed to have been granted by Coil without being in writing and signed by an officer of Coil.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Coil Service, including sections on Coil Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Coil Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Coil may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Coil.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Coil Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Coil Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Coil in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Coil controls and operates the Coil Service from the U.S., and Coil makes no representation that the Coil Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Coil Service. Software related to or made available by the Coil Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Coil reserves the right to investigate and prosecute any suspected breaches of these Terms or the Coil Service. Coil may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Their website is located at: https://dca.ca.gov.