PRIVACY OF INFORMATION
The Privacy Act (“the Act”) regulates the way private sector
organizations within
We recognize our professional obligation to maintain the
confidentiality of our clients’ information, and recognize our obligations
concerning the personal information of all individuals that we collect, use or
disclose in our practice. This policy has been developed with those obligations
in mind.
KoolCool.Me collects some personal information, such
as your name and email address, from you to provide the requested service. KoolCool.Me will not sell, share, or rent your personal
information in ways different from what is disclosed here.
KoolCool.Me may also use third-party companies to
provide various services when you visit this website.
KoolCool.Me is not responsible for the privacy
practices of external websites linked to this site. We encourage you to read
the privacy statements of these other websites when you leave our website.
If we change our privacy policy, we will notify you.
If you have any questions with respect to our policies concerning
the handling of your personal information, or if you wish to request access to,
or correction of, your personal information under our care and control, please
contact our Privacy Officer at: webmaster *at* KoolCool.Me.
By using this website you acknowledge that:
(a) We cannot ensure the security or privacy of information you
provide through the Internet and your email messages, and you release us from
any and all liability in connection with the use of such information by other
parties;
(b) we are not responsible for, and cannot control, the use by
others of any information which you provide to them and you should use caution
in selecting the personal information you provide to others through the
Service; and
(c) We cannot assume any responsibility for the content of
messages sent by other users of the Service, and you release us from any and
all liability in connection with the contents of any communications you may
receive from other users. We cannot guarantee, and assume no responsibility for
verifying, the accuracy of the information provided by other users of the
Service.
You may not use the Service for any unlawful purpose. We may
refuse to grant you an ID or nickname that impersonates someone else, is
protected by trade-mark or proprietary law, or is vulgar or otherwise
offensive, as determined by us in our sole discretion.
We do not share any personal information with third parties, and
we do not send advertising to our members.
USER AGREEMENT This Agreement constitutes your agreement with KoolCool.Me with respect to your use of the Service. You
must agree to abide by all of the terms and conditions contained in this
Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE Your right to use the Service is subject to any
limitations, conditions and restrictions established by us from time to time,
in our sole discretion. We may alter, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service feature,
database or content. We may also impose limits on certain features and aspects
of the Service or restrict your access to parts or all of the Service without
notice or liability.
CODE OF CONDUCT You agree to use the Service in accordance with
the following Code of Conduct: a. you will keep all information provided to you
through the Service as private and confidential and will not give such
information to anyone without the permission of the person who provided it to
you; b. you will not use the Service to engage in any form of harassment or
offensive behavior, including but not limited to the posting of communications,
pictures or recordings which contain libelous, slanderous, abusive or
defamatory statements, or racist, pornographic, obscene, or offensive language;
c. you will not forward chain letters through the Service; d. you will not use
the Service to infringe the privacy rights, property rights, or any other rights
of any person; e. you will not post messages, pictures or recordings or use the
Service in any way which i. violates, plagiarizes or
infringes upon the rights of any third party, including but not limited to any
copyright or trade-mark law, privacy or other personal or proprietary rights,
or ii. is fraudulent or otherwise unlawful or violates
any law; and f. you will not use the Service to distribute, promote or
otherwise publish any material containing any solicitation for funds,
advertising or solicitation for goods or services. g.
you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to
the Service, KoolCool.Me systems or to other members'
systems in any way.
MONITORING OF INFORMATION We reserve the
right to monitor all advertisements, public postings and messages to ensure
that they conform to content guidelines that are monitored by us and subject to
change from time to time.
REMOVAL OF INFORMATION While we do not and cannot review every
message or other material posted or sent by users of the Service, and are not
responsible for any content of these messages or materials, we reserve the
right, but are not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code of Conduct set out above or
any other applicable content guidelines, or to be otherwise unacceptable. You
shall remain solely responsible for the content of profiles, public postings,
messages and other materials you may upload to the Service or users of the
Service.
TERMINATION OF ACCESS TO SERVICE We may, in our sole discretion,
terminate or suspend your access to all or part of the Service at any time,
with or without notice, for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality of the foregoing, any
fraudulent, abusive, or otherwise illegal activity, or that may otherwise
affect the enjoyment of the Service or the Internet by others may be grounds
for termination of your access to all or part of the Service at our sole
discretion, and you may be referred to appropriate law enforcement agencies.
PROPRIETARY INFORMATION The Service contains information which is
proprietary to us, our partners, and our users. We assert full copyright
protection in the Service. Information posted by us, our partners or users of
the Service may be protected whether or not it is identified as proprietary to
us or to them. You agree not to modify, copy or distribute any such information
in any manner whatsoever without having first received the express written
permission of the owner of such information.
NO RESPONSIBILITY You acknowledge that we
are not responsible for suspension of the Service, regardless of the cause of
the interruption or suspension.
SECURITY Your account is private and
should not be used by anyone other than you. You are responsible for all usage
or activity on the Service by users using your password, including but not
limited to use of your password by any third-party.
EXTERNAL LINKS The Service may from time to time contain links to
other Internet sites and resources ("External Links"). You
acknowledge that we are not responsible for, and have no liability as a result
of the availability of External Links or their contents. We suggest that you
review the terms of use and privacy statements of such External Links prior to
using them.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any
material or content distributed by KoolCool.Me
constitutes copyright infringement, please provide us with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on our website; your address,
telephone number and email address; a written 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; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU
UNDERSTAND AND AGREE THAT YOU USE KOOLCOOL.ME AND ITS RELATED SERVICES AT YOUR
OWN RISK. KOOLCOOL.ME’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. KOOLCOOL.ME
PROVIDES ON-LINE COMMUNITY SERVICES AND TOOLS TO SIMILARLY INTERESTED
INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS
THROUGH THE KOOLCOOL.ME WEBSITE AND OTHER MEANS OF DISTRIBUTION. KOOLCOOL.ME
DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE
ENDORSE ANY INFORMATION CONTAINED ON KOOLCOOL.ME. DUE TO THE NUMBER OF SOURCES
FROM WHICH CONTENT DISTRIBUTED BY KOOLCOOL.ME IS OBTAINED, THERE MAYBE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE
SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR
RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY KOOLCOOL.ME,
OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU
ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE,
STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE
SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS
AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR
ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL KOOLCOOL.ME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT DISTRIBUTED BY KOOLCOOL.ME AS WELL AS ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF
THE USE OR INABILITY TO USE THE KOOLCOOL.ME SERVICE OR OUT OF THE BREACH OF ANY
WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO AND/OR ALTERATION OF THE KOOLCOOL.ME WEBSITE, NO MATTER WHETHER SUCH CLAIMS
ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF
ACTION, AND REGARDLESS OF WHETHER KOOLCOOL.ME HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH
LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT
APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY
EXCEED THE SUM OF $100.00 U.S. DOLLARS INDEMNITY.
You hereby agree to indemnify, defend and hold harmless KoolCool.Me and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") from and against any and all liability and
costs, including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of any breach
by you of this Agreement or the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in the defense
of any such claim. KoolCool.Me reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
subject to indemnification by you.
MISCELLANEOUS This Agreement represents the entire agreement
between you and KoolCool.Me regarding the use of our
services and supersedes any other agreement or understanding on the subject
matter. This Agreement, your rights and obligations, and all actions
contemplated by this Agreement shall be governed by the laws of
MODIFICATIONS We may modify this Agreement
from time to time. Notification of changes in this Agreement will be posted on
the Service or sent via electronic mail, as we may determine in our sole
discretion. If you do not agree to any modifications, you should terminate your
use of the Service. Your continued use of the Service now, or following the
posting of notice of any changes in this Agreement, will constitute a binding
acceptance by you of this Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION We
reserve the right to send electronic mail to you, for the purpose of informing
you of changes or additions to the Service, or of any KoolCool.Me
related products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms that do not reveal
your personal identity.