WhoIsCool.Com Terms And Conditions |
Terms and Conditions of Use Of This Site1. ACCEPTANCE OF TERMS The website WhoIsCool.Com, provides the information and services here to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of this web site constitutes agreement with such Terms. Before using WhoIsCool.Com, please carefully read this agreement relating to your use of this site. By using WhoIsCool.Com, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use WhoIsCool.Com. WhoIsCool.Com reserves the right, at WhoIsCool.Com's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of WhoIsCool.Com following the posting of changes to these Terms will mean that you accept those changes. Use of WhoIsCool.Com constitutes full acceptance of and agreement to the Terms; if a user does not accept WhoIsCool.Com's Terms, he or she is not granted rights to use WhoIsCool.Com as defined herein, and should refrain from accessing WhoIsCool.Com. To update these Terms,
WhoIsCool.Com will post both the changed version and its
effective date : WhoIsCool.Com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of this website. WhoIsCool.Com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. NO UNLAWFUL OR PROHBIITED USE By using WhoIsCool.Com, you warrant to WhoIsCool.Com that you will not use WhoIsCool.Com, or any of the content obtained from WhoIsCool.Com, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the WhoIsCool.Com automatically terminates. 3. DESCRIPTION OF SERVICES The WhoIsCool.Com are owned and operated by Startnet Ltd for the purpose of software discussion, surveys and voting on various issues. 4. REGISTRATION OBLIGATIONS When requested, each WhoIsCool.Com user must: (1) personally provide true, accurate, current and complete information on the WhoIsCool.Com's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, WhoIsCool.Com has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, WhoIsCool.Com may suspend or terminate that user's account and prohibit any and all current or future use of the WhoIsCool.Com (or any portion thereof) by that user other than as expressly provided herein. Each user will receive account designations upon completing certain WhoIsCool.Com registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. WhoIsCool.Com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify WhoIsCool.Com of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. WhoIsCool.Com handles user Registration Data in accordance with the WhoIsCool.Com's Privacy Policy. 5. CONTENT All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not WhoIsCool.Com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the WhoIsCool.Com. No user shall transmit Content or otherwise conduct or participate in any activities on WhoIsCool.Com that, in the judgment of WhoIsCool.Com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. WhoIsCool.Com reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, WhoIsCool.Com shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. WhoIsCool.Com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by WhoIsCool.Com to protect the rights, property, or personal safety of WhoIsCool.Com's users and the public. WhoIsCool.Com does not control the Content posted to the WhoIsCool.Com website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will WhoIsCool.Com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via WhoIsCool.Com. Each user, by using WhoIsCool.Com, may be exposed to Content that is offensive, indecent or objectionable. Each user 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. 6. TERMS APPLYING TO CONTENT POSTED ON WhoIsCool.Com: With respect to text or data entered into and stored by publicly-accessible site features such as the votes, forums and comments, in each such case, the submitting user grants WhoIsCool.Com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 7. NO RESALE OF SERVICE You agree not to sell, resell, or offer for any commercial purposes, any portion of WhoIsCool.Com, use of WhoIsCool.Com, or access to the WhoIsCool.Com. 8. GENERAL PRACTICES REGARDING USE AND STORAGE WhoIsCool.Com may establish general practices and limits concerning use of the WhoIsCool.Com website. While WhoIsCool.Com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, WhoIsCool.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 WhoIsCool.Com. WhoIsCool.Com reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. WhoIsCool.Com reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. 9. TERMINATION WhoIsCool.Com may terminate a user's account in WhoIsCool.Com's absolute discretion and for any reason. WhoIsCool.Com is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of WhoIsCool.Com in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order. WhoIsCool.Com's termination of any user's access to WhoIsCool.Com may be effected without notice and, on such termination, WhoIsCool.Com may immediately deactivate or delete user's account and/or bar any further access to such files. WhoIsCool.Com shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. WhoIsCool.Com reserves the right to delete, or not delete, a user's account at WhoIsCool.Com's sole discretion, as well as to delete, or not delete, content at WhoIsCool.Com's sole discretion. 10. LINKS WhoIsCool.Com may provide links to other websites. WhoIsCool.Com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. WhoIsCool.Com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The WhoIsCool.Com Privacy Statement is applicable only when you are on the WhoIsCool.Com website. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY Each user shall indemnify, defend and hold harmless WhoIsCool.Com, and its parent company and affiliates and their respective officers, employees and agents, and each of WhoIsCool.Com's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the WhoIsCool.Com website; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER'S USE OF WhoIsCool.Com IS AT HIS OR HER SOLE RISK. WhoIsCool.Com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WhoIsCool.Com ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WhoIsCool.Com EXPRESSLY DISCLAIMS 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. SPECIFICALLY, WhoIsCool.Com MAKES NO WARRANTY THAT (i) THE WhoIsCool.Com WEBSITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF WhoIsCool.Com's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WhoIsCool.Com SHALL NOT BE LIABLE 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 WhoIsCool.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE OF THE WhoIsCool.Com WEBSITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WhoIsCool.Com WEBSITE; OR ANY OTHER MATTER RELATING TO THE WhoIsCool.Com WEBSITE. IN NO EVENT SHALL WhoIsCool.Com'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $10.00. 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 MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN WhoIsCool.Com AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, WhoIsCool.Com DOES NOT AND CANNOT CONTROL THE ACTIONS OF OSDN SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO WhoIsCool.Com. OPERATION OF WhoIsCool.Com MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY WhoIsCool.Com. 12. TRADEMARK INFORMATION WhoIsCool.Com and other WhoIsCool.Com trademarks, service marks, and product and service names are Startnet trademarks. All other names and designs may be trademarks of their respective owners. 13. COPYRIGHTS WhoIsCool.Com respects the intellectual property rights of others, and requires that the people who use the the WhoIsCool.Com website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit WhoIsCool.Com to locate the material, including the full URL. (4) your name, 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. If WhoIsCool.Com receives such a claim, WhoIsCool.Com reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9. After receiving a claim of infringement, WhoIsCool.Com will process and investigate notices of alleged infringement and will take appropriate actions. WhoIsCool.Com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material. 14. GENERAL INFORMATION The Terms constitute the entire agreement between each user and WhoIsCool.Com and govern each user's use of the WhoIsCool.Com website, superseding any prior agreements. Each user may be subject to additional terms and conditions. 15. VIOLATIONS Please report any violations of the Terms (except for claims of intellectual property infringement) to us at support@whoiscool.com Updated: 1 August 2003 |
© Startnet Ltd 2003
