KoolCool.Me World Community is a social networking
service that allows members to create unique personal profiles online in order
to find and communicate with old and new friends. The service is operated by KoolCool.Me World Community. By using the KoolCool.Me World Community Website you agree to be bound
by these Terms of Use (this "Agreement"), whether or not you register
as a member ("Member"). If you wish to become a Member, communicate
with other Members and make use of the KoolCool.Me
World Community services (the "Service"), please read this Agreement
and indicate your acceptance by following the instructions in the Registration
process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
KoolCool.Me World Community may modify this Agreement
from time to time and such modification shall be effective upon posting by
KoolCool.Me World Community on the Website. You agree to be
bound to any changes to this Agreement when you use the Service after any
such modification is posted. This Agreement includes KoolCool.Me
World Community's policy for acceptable use and content posted on the Website,
your rights, obligations and restrictions regarding your use of the Website
and the Service and KoolCool.Me World Community's
Privacy Policy.
Please choose carefully the information you post on KoolCool.Me World Community and that you provide to other
Members. Any photographs posted by you may not contain nudity, violence, or
offensive subject matter. Information provided by other KoolCool.Me
World Community Members (for instance, in their Profile) may contain
inaccurate, inappropriate or offensive material, products or services and KoolCool.Me World Community assumes no
responsibility nor liability for this material.
KoolCool.Me World Community reserves the right, in
its sole discretion, to reject, refuse to post or remove any posting (including
email) by you, or to restrict, suspend, or terminate your access to all or any
part of the Website and/or Services at any time, for any or no reason, with or
without prior notice, and without lability.
By participating in any offline KoolCool.Me
World Community event, you agree to release and hold KoolCool.Me
World Community harmless from any and all losses, damages, rights, claims, and
actions of any kind including, without limitation, personal injuries, death,
and property damage, either directly or indirectly related to or arising from
your participation in any such offline KoolCool.Me
World Community event.
Terms of Use
1) Eligibility.
Membership in the Service where void is
prohibited. By using the Website and the Service, you represent and warrant
that all registration information you submit is truthful and accurate and that
you agree to maintain the accuracy of such information. You further represent
and warrant that you are 18 years of age or older and that your use of the KoolCool.Me World Community shall not violate any
applicable law or regulation. Your profile may be deleted without warning, if
it is found that you are misrepresenting your age. Your Membership is solely
for your personal use, and you shall not authorize others to use your account,
including your profile or email address. You are solely responsible for all
Content published or displayed through your account, including any email
messages, and for your interactions with other members.
2) Term/Fees.
This Agreement shall remain in full force and effect while you use
the Website, the Service, and/or are a Member. You may terminate your
membership at any time. KoolCool.Me World Community
may terminate your membership for any reason, effective upon sending notice to
you at the email address you provide in your Membership application or other
email address as you may subsequently provide to KoolCool.Me
World Community. By using the Service and by becoming a Member, you acknowledge
that KoolCool.Me World Community reserves the right
to charge for the Service and has the right to terminate a Member's Membership.
Member should breach this Agreement or fail to pay for the Service, as required
by this Agreement.
3) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are specifically
endorsed or approved by the management of KoolCool.Me
World Community. Illegal and/or unauthorized use of the Website, including
collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized framing of
or linking to the Website will be investigated. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from member
profiles without notice and may result in termination of membership privileges.
Appropriate legal action will be taken by KoolCool.Me
World Community for any illegal or unauthorized use of the Website.
4) Proprietary Rights in Content on KoolCool.Me
World Community.
KoolCool.Me World Community owns and retains all
proprietary rights in the Website and the Service. The Website contains
copyrighted material, trademarks, and other proprietary information of KoolCool.Me World Community and its licensors. Except for
that information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
5) Content Posted on the Site.
a. You understand and agree that KoolCool.Me
World Community may review and delete any content, messages, KoolCool.Me World Community Messenger messages, photos or
profiles (collectively, "Content") that in the sole judgment of KoolCool.Me World Community violate this Agreement or which
may be offensive, illegal or violate the rights, harm, or threaten the safety
of any Member.
b. You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service or any material or
information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you
hereby grant to KoolCool.Me World Community the
non-exclusive, fully paid, worldwide license to use, publicly perform and
display such Content on the Website. This license will terminate at the time
you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is
illegal or prohibited on the Website. KoolCool.Me
World Community reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
Service and terminating the membership of such violators. Prohibited Content
includes Content that:
i. is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
ii. harasses or advocates harassment of another
person;
iii. involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or
"spamming";
iv. promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
vi. contains restricted or password only access pages
or hidden pages or images (those not linked to or from another accessible
page);
vii. provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
viii. provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying
information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and
all applicable laws and regulations. f. You may not engage in advertising to,
or solicitation of, any Member to buy or sell any products or services through
the Service. You may not transmit any chain letters or junk email to other
Members. Although KoolCool.Me World Community cannot
monitor the conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in order to
harass, abuse, or harm another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, KoolCool.Me
World Community reserves the right to restrict the number of emails which a
Member may send to other Members in any 24-hour period to a number which KoolCool.Me World Community deems appropriate in its sole
discretion.
g. You may not cover or obscure the banner advertisements on your
personal profile page, or any KoolCool.Me World
Community page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add
friends, is prohibited.
i. You may not attempt to impersonate another
user or person who is not a member of KoolCool.Me
World Community.
j. You may not use the account, username, or password of another
Member at any time nor may you disclose your password to any third party or
permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
6) Copyright Policy.
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights. It
is the policy of KoolCool.Me World Community to terminate
membership privileges of any member who repeatedly infringes copyright upon
prompt notification to KoolCool.Me World Community by
the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent 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 the 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. KoolCool.Me
World Community's Copyright Agent for notice of claims of copyright
infringement can be reached via email address.
7) Member Disputes.
You are solely responsible for your interactions with other KoolCool.Me World Community Members. KoolCool.Me
World Community reserves the right, but has no obligation, to monitor disputes
between you and other Members.
8) Disclaimers.
KoolCool.Me World Community is not responsible for any
incorrect or inaccurate Content posted on the Website or in connection with the
Service provided, whether caused by users of the Website, Members or by any of
the equipment or programming associated with or utilized in the Service. KoolCool.Me World Community is not responsible for the
conduct, whether online or offline, of any user of the Website or Member of the
Service. KoolCool.Me World Community assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any user or Member communication. KoolCool.Me World Community is not responsible for any
problems or technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software, failure of
any email or players due to technical problems or traffic congestion on the
Internet or at any Website or combination thereof, including any injury or damage
to users and/or Members or to any person's computer related to or resulting
from participation or downloading materials in connection with the Website
and/or in connection with the Service. Under no circumstances shall KoolCool.Me World Community be responsible for any loss or
damage, including personal injury or death, resulting from use of the Website
or the Service or from any Content posted on the Website or transmitted to
Members, or any interactions between users of the Website, whether online or
offline. The Website and the Service are provided "AS-IS" and KoolCool.Me World Community expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. KoolCool.Me World Community cannot guarantee and does not
promise any specific results from use of the Website and/or the Service.
9) Limitation on Liability.
IN NO EVENT SHALL KoolCool.Me World
Community BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF KoolCool.Me World Community HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, KoolCool.Me World Community.S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO KoolCool.Me World Community FOR THE SERVICE DURING THE TERM
OF MEMBERSHIP.
10) Disputes.
If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that any dispute shall be governed by
the laws of the area in which we are based without regard to conflict of law
provisions and you agree to personal jurisdiction by and venue in the area in
which we are based.
11) Indemnity.
You agree to indemnify and hold KoolCool.Me
World Community, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and
warranties set forth above.
12) Other.
This Agreement is accepted upon your use of the Website and is
further affirmed by you becoming a Member of the Service. This Agreement
constitutes the entire agreement between you and KoolCool.Me
World Community regarding the use of the Website and/or the Service. The
failure of KoolCool.Me World Community to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. Please contact us with any
questions regarding this Agreement. KoolCool.Me World
Community is a trademark of <owners business
name>.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.