RA247.net's Service User Agreement & Terms of Use("TOU")

Cobra WebPlayer

Terms of Use

Rules governing the usage of our service.

Cobraplayer.com User Agreement & Terms of Use("TOU")

Electronic Customer Agreement & Cobraplayer.com SERVICE User Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE.

For purposes of this Agreement and use of this service, "Cobra Player”, “Cobra WebPlayer”, and “Software" is defined as Cobraplayer.com, and any updates or maintenance releases for the Software.  The terms "you", "your" or "user" are synonymous, and refer to someone who is the original purchaser of a license for the Software from Cobra Back L.L.C. pursuant to this Agreement (the “Original Licensee")

You hereby authorize Cobraplayer.com to send all notices, disclosures, records, agreements and documents relating to this Service and your account (collectively, Terms of Use "TOU") electronically to your email address, or to post “TOU” online with notice to you, such as a hyperlink or online directions on where to retrieve the information. You agree to print a copy of any electronic “TOU” for your records.

“TOU” may include, but are not limited to: Cobraplayer.com’s End User Agreement. “TOU” may also be mailed to the post office mailing address provided by you. In the event that a Disclosure is not sent electronically, it will be sent by U.S. mail. You agree to promptly correct or keep current your email address by logging onto this service and changing it on your account information screen. Cobraplayer.com is not responsible in the event you fail to do so and do not receive notifications from Cobraplayer.com.  To access “TOU” electronically and print copies for your records, you must have internet and e-mail access, as well as access to a printer. The following hardware and software is necessary: A personal computer and software to access the internet with an email account. If you wish to discontinue receiving notification by email “TOU”, you may only do so by terminating your account with us. You are still responsible for any transactions that you made prior to terminating your account.

You can review the most current version of the “TOU” at any time at: http://www.cobraback.com/tou/. In addition, when using particular Cobra Back L.L.C. owned or operated services, you and Cobra Back L.L.C. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the “TOU”.

You agree to receive cell phone voice messages and/or text messages to your cell phone/pager/electronic communications device/pc from this Service. If you wish to discontinue receiving such messages, you may only do so by terminating your account with us. You also agree to receive emails, voicemails, text messages, messaging communications and any other electronic voice or text messages from Cobraplayer.com, during your subscription to Cobraplayer.com to your personal computer. You agree to these messages when you sign up for this service, input your contact information into Cobraplayer.com’s website and/or utilize this Service in any way. If you wish to discontinue receiving any of these messages, you may only do so by terminating your account with this Service.

1. BY CLICKING "I agree" BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED ELECTRONIC CUSTOMER AGREEMENT AND THIS SERVICES’S END USER AGREEMENT (collectively, "Agreement"), WHICH MAY BE CHANGED FROM TIME TO TIME, IN OUR SOLE DISCRETION. BY CONTINUING TO USE THIS SERVICE AFTER THE POSTING OF SUCH CHANGES, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THIS SERVICE (collectively, the "Service").

2. This Agreement is made by and between Cobraplayer.com, a division of Cobra Back L.L.C., an Illinois Company, ("us," "we," "our"), and you, a Cobraplayer.com end user or member (hereinafter "You," "User" ). YOU MAY ONLY USE THIS SERVICE AS PROVIDED IN THIS AGREEMENT. You represent and warrant that you are at least 18 years old. You agree to provide us with complete, accurate and current registration information. This site may contain links to other sites. Cobraplayer.com is not responsible for the privacy practices or content of such web sites.

3. THE SERVICE
Cobraplayer.com provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Cobra Back L.L.C. to provide the Service. You also understand and agree that the Service may include certain communications from Cobraplayer.com, such as service announcements, administrative messages and the Cobraplayer.com Newsletter, and that these communications are considered part of Cobraplayer.com membership and you will not be able to opt out of receiving them. Any new features that augments or enhances the current Service, including the release of new Cobraplayer.com properties, shall be subject to the “TOU”. You understand and agree that the Service is provided "AS-IS" and that Cobra Back L.L.C. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that Cobraplayer.com has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

4. REGISTRATION
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cobraplayer.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cobraplayer.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Cobraplayer.com is concerned about the safety and privacy of all its users, particularly children. For this reason, we ask that all account holders be 18 years of age and older.  By allowing your child to access Cobraplayer.com, you also give your child permission to access many areas of the Service, including, media, email, information center and messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 7 below) are appropriate for your child.

Free access (membership) to this service is a promotional, free service membership and does not imply that you are able to utilize all service upgrades without becoming a paid member. Any member that establishes an account on this website receives the right to access the service. Your registration and use of this Service is non-transferable and you may not use this service to send messages on behalf of persons or entities, other than yourself, as a paying customer. You may not assign your limited right to access and use this service to any other person or entity. Registered end-users are only authorized to use the service. End-users are prohibited from using the service on behalf of any other person or entity than the registered end user (subscriber). Registered end users (those that don't upgrade as paying subscribers), will have limited access to certain areas and options of this website.  Free subscribers accounts will be closed and profiles deleted without notification from service after the said timeline. Free registered end users that register multiple times and fail to utilize service or upgrade may be blocked from further registration and have their subscriptions immediately deleted upon discovery by Service.  Billing will be on a month to month basis, Cobra Player reserves the right to cancel, suspend, or terminate any accounts.  In case of a price increase or decrease, all price changes will take affect the following pay period.

5. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.cobraback.com/privacypolicy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Cobraplayer.com and its affiliates.
We collect information from visitors to our site regarding the URL they came from, their IP addresses, domain types, the browser type used to come to the site, the country, state and telephone area code where their servers are located, the pages of our site that visitors viewed during their visit and any search terms entered on our site. When your web browser or email application requests a web page or email from another computer on the Internet, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time you log on.
· Cobra Back L.L.C. receives IP addresses from all users because this information is automatically reported by your browser each time you view a web page.
· Your IP address is also stored in our user registration databases when you register with Cobra Back L.L.C.
· IP addresses may be used for various purposes, including to:
o Diagnose service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
o Send the most appropriate advertising based on geographic area or information derived from your IP address. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
o Estimate the total number of users visiting Cobra Back L.L.C. from specific countries or regions of the world.
o Assist merchants in Cobra Back L.L.C. Stores and Cobra Back L.L.C. Shopping to track visits to and business at their stores.
Help determine which users have access privileges to certain content that we host. Cookies are used to manage your sessions on this website and to properly segregate your sessions and information from other users. If you disable cookies on your computer you may not be able to access certain areas on this website or properly utilize this service. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.
Each web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
· You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set
· If you reject all cookies, you will not be able to use Cobra Back L.L.C. products or services that require you to "sign in", and you may not be able to take full advantage of all offerings. On the other hand, many Cobra Back L.L.C. products and services do not require that you accept cookies.
Cobra Back L.L.C. uses its own cookies for a number of purposes, including to:
· Access your information when you "sign in," so that we can provide you with customized content.
· Keep track of preferences you specify while you are using Cobra Back L.L.C.’s services.
· Display the most appropriate advertising banners and content, based on your interests and activity on Cobra Back L.L.C.
· Estimate and report our total audience size and traffic.
· Conduct research to improve Cobra Back L.L.C.’s content and services.
· Require you to re-enter your Cobra Back L.L.C. password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
6. MEMBER ACCOUNT, PASSWORD, FAMILY CODE, AND SECURITY
You will receive a password, family code, and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password, family code, and account, and are fully responsible for all activities that occur under your password, family code, or account. You agree to (a) immediately notify Cobraplayer.com of any unauthorized use of your password, family code, or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cobra Back L.L.C. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Cobraplayer.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Cobraplayer.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cobraplayer.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Cobraplayer.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "Stalk" or otherwise harass another; and/or
n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m, above.
You acknowledge that Cobraplayer.com also may or may not pre-screen Content, but that Cobraplayer.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Cobraplayer.com and its designees shall have the right to remove any Content that violates the “TOU” or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cobraplayer.com or submitted to Cobraplayer.com, including without limitation information in Cobraplayer.com Information center and in all other parts of the Service.
You acknowledge, consent and agree that Cobraplayer.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the “TOU”; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Cobraplayer.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Cobraplayer.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8. COMMUNICATION ON OUR NETWORK
When you register with Cobraplayer.com, you acknowledge that in using Cobraplayer.com services to send electronic communications (including but not limited to email, search queries, sending messages to Cobraplayer.com Chat or Cobraplayer.com Groups, uploading photos and files to Cobraplayer.com, and other Internet activities), you will be causing communications to be sent through Cobraplayer.com’s computer networks, portions of which are located in Illinois, Arizona, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Cobraplayer.com network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, you acknowledge that use of the service results in interstate data transmissions.

9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. CONTENT
Cobraplayer.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Cobraplayer.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
* With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Cobraplayer.com Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Cobraplayer.com removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Cobraplayer.com Groups, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Cobraplayer.com network of properties that are intended by Cobraplayer.com to be available to the general public. By way of example, publicly accessible areas of the Service would include Cobraplayer.com Information center and portions of Cobraplayer.com Groups, are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Cobraplayer.com Groups that are limited to members, Cobraplayer.com services intended for private communication such as Cobraplayer.com Mail or Cobraplayer.com Chat, or areas off of the Cobraplayer.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Cobraplayer.com.

11. INDEMNITY
You agree to indemnify and hold Cobra Back L.L.C. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the “TOU”, or your violation of any rights of another.

12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Cobraplayer.com ID), use of the Service, or access to the Service.

13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Cobraplayer.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that media files, advertisement, messages, information center postings or other uploaded Content will be retained by the Service, the maximum number of media files that may be sent from or received by an account on the Service, the maximum size of any media that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Cobraplayer.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Cobraplayer.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Cobraplayer.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Cobraplayer.com reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICE
Cobraplayer.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cobraplayer.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. TERMINATION
You agree that Cobraplayer.com may, under certain circumstances and without prior notice, immediately terminate your Cobraplayer.com account, any associated tokens/, IP addresses, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the “TOU” or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Cobraplayer.com account includes (a) removal of access to all offerings within the Service, including but not limited to Cobraplayer.com Mail, Groups, Chat, Information center, and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. In such event, you agree not to gain or attempt to gain unauthorized access to this Service. Further, you agree that all terminations for cause shall be made in Cobraplayer.com 's sole discretion and that Cobraplayer.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

16. CANCELLATION OF SERVICE
NO REFUND POLICY. The purchase of this Service (subscription of Cobraplayer.com) is non-refundable. The cost or charges for this Service and upgrades is not refundable under any circumstances. All Cobraplayer.com’s charges as billed are final. Cobraplayer.com has a no-refund policy, similar to any subscription term service. Refunds are not offered for any Service charges or subscriptions regardless of duration. Since this is a "Subscription based" service, we cannot provide refunds of any kind. Once a payment has been received, Service cannot be cancelled. This agreement may be amended at our sole discretion at any time. Cobraplayer.com reserves the right to amend this service agreement without prior notification. Changes will be available on our HTTP server at this website address (http://www.cobraback.com/tou). Continued use of our service constitutes acceptance of all changes of the “TOU”. It is the responsibility of each user to read, understand, adhere to and ensure that he or she is aware of and operating under the most current version of this agreement. Any violation of these terms and conditions shall be immediate grounds for termination of your right to use this Service at any time at our sole discretion without refund. Cobraplayer.com will automatically charge the members account each month (on the anniversary date of the initial billing) for the duration of the service when the member signs up for the monthly service. If the member signs up for longer service periods the member will be automatically be renewed at a monthly rate (on the anniversary date of the initial billing). In all instances member will not be notified of the automatic billing charges prior to the charging of their account. This will occur until the member engages in the automatic renewal cancellation process. Members will be billed in full automatically for these additional renewal periods without prior notification until member terminates this Service by following the above-referenced cancellation process

17. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Cobraplayer.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

18. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Cobraplayer.com has no control over such sites and resources, you acknowledge and agree that Cobraplayer.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cobraplayer.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

19. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cobraplayer.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Cobraplayer.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Cobraplayer.com for use in accessing the Service.

20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COBRA BACK L.L.C. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. COBRA BACK L.L.C. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES USING THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THIS SERVICE. WE ASSUME NO RESPONSIBILITY FOR THE SELECTION OF THIS SERVICE TO ACHIEVE ANY INTENDED PURPOSES, OR FOR VERIFYING SPECIFIC RESULTS OBTAINED FROM USE OF THIS SERVICE. WE DO NOT WARRANT THE AVAILABILITY OF THIS SERVICE OR THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL MEET ANY REQUIREMENTS. WE DO NOT WARRANT, GUARANTEE OR REPRESENT THE EFFECTIVENESS OR SPEED OF DELIVERY OF FACSIMILE TRANSFERS OR NOTIFICATION OF SUCH TRANSFERS. THIS AGREEMENT DOES NOT GRANT YOU ANY GUARANTEE TO THE SERVICES AS REPRESENTED ABOVE OR WARRANT THE PERFORMANCE OF THOSE SERVICES IN ANY WAY. THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED WITH NO WARRANTIES OR GUARANTEE OF PERFORMANCE AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD PARTY GOODS OR SERVICES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THIS SERVICE.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COBRA BACK L.L.C. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE “TOU”.
f. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COBRA BACK L.L.C. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COBRA BACK L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) WE CANNOT GUARANTEE THE CONFIDENTIALITY OF THE CONTENT OF ANY DATA; (iv) WE CANNOT GUARANTEE THAT TRANSMISSIONS WILL NOT BE INTERCEPTED, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this “TOU”, there shall be no third-party beneficiaries to this agreement.

24. NOTICE
Cobra Back L.L.C. may provide you with notices, including those regarding changes to the “TOU”, by email, regular mail or postings on the Service.

25. TRADEMARK INFORMATION
The COBRA BACK L.L.C., Cobra Back L.L.C. logo, Cobraplayer.com, Responsible Allowance logo, trademarks and service marks and other Cobra Back L.L.C. logos and product and service names are trademarks of Cobra Back L.L.C. Inc. (the "Cobra Back L.L.C. Marks"). Without Cobra Back L.L.C.'s prior permission, you agree not to display or use in any manner the Cobra Back L.L.C. Marks.

26. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Cobra Back L.L.C. respects the intellectual property of others, and we ask our users to do the same. Cobraplayer.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 provide Cobra Back L.L.C.'s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Cobra Back L.L.C.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: copyright@cobraback.com

27. GENERAL INFORMATION
Entire Agreement. The “TOU” constitutes the entire agreement between you and Cobra Back L.L.C. and governs your use of the Service, superseding any prior agreements between you and Cobra Back L.L.C. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Cobra Back L.L.C. services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The “TOU” and the relationship between you and Cobra Back L.L.C. shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Cobra Back L.L.C. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.
Waiver and Severability of Terms. The failure of Cobra Back L.L.C. to exercise or enforce any right or provision of the “TOU” shall not constitute a waiver of such right or provision. If any provision of the “TOU” is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the “TOU” remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Cobraplayer.com account is non-transferable and any rights to your Cobraplayer.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the “TOU” must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the “TOU” are for convenience only and have no legal or contractual effect.

28. VIOLATIONS
Please report any violations of the “TOU” to our Customer Care group.

29. MISCELLANEOUS.
None of the products or underlying information or technology relating to this Service may be exported or re-exported into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. In the event the Federal Acquisition Regulations ("FAR") or DFARS is applicable to this Agreement, this Service is provided only with "Restricted Rights" as defined in Sec. 52.227- 19 or Sec. 252.227-7013(c)(1)(11), respectively, as applicable. We are not responsible for paying any sales or use tax imposed at any time whatsoever on the use or licensing of this Service or products.

30.  SITE ADS AND ROTATOR ADVERTISEMENT.
Advertisements will display on sites that have the “Rotator” active, including sites with “Site Ads”.  Display times, and timing intervals may vary on sites with “Site Ads” active, if you have a “Rotator” package, your advertisement rotation may also be affected on sites with “Site Ads” active.  Normal advertisement from our “Rotator” list will still run through the advertisement window, your “Site Ads” will display during, before, and/or after the advertisement rotation.  All advertisement placed on the “Rotator” list are subject to random and selective monitoring, we reserve the right to remove any advertisement that we feel may be offensive, degrading, illegal, copyright protected, obscene, any advertisement that contains offensive content, anything illegal, obscene content, nudity, profanity, copyright protected, or copyright violations.  Any advertisement places on Cobra Player that deliberately violates our rules will be removed without a refund, explanation, or notice given.  For full activation of “Site Ads”, Site Ads PLUS”, and “Rotators”, please allow up to 24hours for use of these packages, after payment.  All advertisement placed on the “Rotator” will be reviewed for suitability.  Please do not sign up for “Rotator” if you intend, plan to, are going to, or will post advertisement that contains, offensive content, anything illegal, obscene content, nudity, profanity, copyright protected, or copyright violations.  We want to keep a clean environment suitable for most ages, yet all of our visitors.  Your advertisement window may display advertisement from third party vendors.  We want to keep a clean environment suitable for most ages.  Although we would like to keep the advertisement free of offensive content, nudity, profanity, or copyright violations, some advertisement may slip through that may contain one of the listed.  If you observe a bad advertisement, please notify us right away. 

31. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software licensed under this License Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its successors.

THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELATING TO USE OF THIS SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

If there is something/anything that you do not understand or find confusing about this agreement, do not click “I accept”, please contact us (www.cobraback.com/contact) for an explanation. 

Copyright © 2006-2008 Cobra Back L.L.C. All rights reserved. 10302006