CoolvFool.com Terms of Use Agreement
CoolvFool.com, which 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.
This Terms of Use Agreement ("Agreement"
sets forth the legally binding terms for your use of the CoolvFool Services. By using the CoolvFool Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CoolvFool Website, including through a mobile device or otherwise use the CoolvFool Services without being registered) or you are a Visitor or a Member. You are only authorized to use the CoolvFool Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the CoolvFool Website and discontinue use of the CoolvFool Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the CoolvFool Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes CoolvFool''s policy for acceptable use of the CoolvFool Services and Content (as defined in Section 6.1 below) posted on or through the CoolvFool Services and your rights, obligations and restrictions regarding your use of the CoolvFool Services and Content posted on or through the CoolvFool Services. In order to participate in certain CoolvFool Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from CoolvFool. Unless otherwise provided by the additional terms and conditions applicable to the CoolvFool Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
CoolvFool may modify this Agreement from time to time and such modification shall be effective upon posting by CoolvFool on the CoolvFool Website. Your continued use of the CoolvFool Services after CoolvFool posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the CoolvFool Services and that you provide to other Users. Your CoolvFool profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other CoolvFool Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and CoolvFool assumes no responsibility or liability for this material. If you become aware of misuse of the CoolvFool Services by any person, please click on the "Contact Us” link at the bottom of the CoolvFool Website pages.
CoolvFool reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the CoolvFool Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. CoolvFool expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the CoolvFool Services if CoolvFool determines, in its sole discretion, that you have violated this Agreement or pose a threat to CoolvFool and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the CoolvFool Services and registration to be a Member for the CoolvFool Services (“Membership”) is void where prohibited. By using the CoolvFool Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the CoolvFool Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without waing, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the CoolvFool Services or are a Member. You may terminate your Membership at any time, for any reason. CoolvFool may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that CoolvFool reserves the right to charge for any portion of the CoolvFool Services and to change its fees (if any) from time to time in its discretion. If CoolvFool terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, useame, or password of another Member at any time or to disclose your password to any third party. You agree to notify CoolvFool immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The CoolvFool Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by CoolvFool. CoolvFool reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the CoolvFool Services, including collecting useames, userid numbers 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 CoolvFool Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. CoolvFool reserves the right to take appropriate legal action for any illegal or unauthorized use of the CoolvFool Services.
6. Proprietary Rights in Content on CoolvFool.
6.1 CoolvFool does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content"
that you post on or through the CoolvFool Services. After posting your Content to the CoolvFool Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting"
any Content on or through the CoolvFool Services, you hereby grant to CoolvFool a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the CoolvFool Services, including without limitation distributing part or all of the CoolvFool Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the CoolvFool Website. This limited license does not grant CoolvFool the right to sell or otherwise distribute your Content outside of the CoolvFool Services. After you remove your Content from the CoolvFool Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the CoolvFool Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the CoolvFool Website as soon as practicable after you make the change.
6.2 The license you grant to CoolvFool is non-exclusive (meaning you are free to license your Content to anyone else in addition to CoolvFool), fully-paid and royalty-free (meaning that CoolvFool is not required to pay you for the use on the CoolvFool Services of the Content that you post), sublicensable (so that CoolvFool is able to use its affiliates, subcontractors and other partners such as Inteet content delivery networks and wireless carriers to provide the CoolvFool Services), and worldwide (because the Inteet and the CoolvFool Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the CoolvFool Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the CoolvFool Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the CoolvFool Services.
6.4 The CoolvFool Services contain Content of CoolvFool ("CoolvFool Content"
. CoolvFool Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and CoolvFool owns and retains all rights in the CoolvFool Content and the CoolvFool Services. CoolvFool hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CoolvFool Content (excluding any software code) solely for your personal use in connection with viewing the CoolvFool Website and using the CoolvFool Services.
6.5 The CoolvFool Services contain Content of Users and other CoolvFool licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the CoolvFool Services.
6.6 CoolvFool performs technical functions necessary to offer the CoolvFool Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the CoolvFool Services.
7. Content Posted.
7.1 CoolvFool may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of CoolvFool violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. CoolvFool assumes no responsibility for monitoring the CoolvFool Services for inappropriate Content or conduct. If at any time CoolvFool chooses, in its sole discretion, to monitor the CoolvFool Services, CoolvFool nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the CoolvFool Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the CoolvFool Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through CoolvFool.