Terms of Service

AGREEMENT BETWEEN USER AND KOOLIM SERVICE

This is a legal agreement between you and KoolIM service with respect to your access and use of KoolIM Service. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Service (collectively, the "Terms of Use" or "Agreement"). If you do not accept these Terms of Use in their entirety, you may not access or use the Service.

Portions of the Service may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the Service Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the Service with respect to the subject matter covered by such privacy policy.

MODIFICATION OF THESE TERMS OF USE; UPDATES

KoolIM may change the Terms of Use at any time and such changes shall be effective immediately. You are responsible for regularly reviewing the Terms of Use. The most recent version of the Terms of Use can be found at http://www.koolim.com/terms.html. Your continued use of the Service affirms your agreement to the Terms of Use and any changes.

KoolIM is not obligated to provide updates or improvements to the Service. However, if KoolIM, in its sole discretion, updates or improves the Service, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You may not charge others to use the Service either directly or indirectly without the express written agreement of KoolIM.

You agree to use the Service only to send, receive, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Create a false identity for the purpose of misleading others.
  • Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Download any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
  • Violate any code of conduct or other guidelines, which may be applicable to the Service.
  • Use any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.

KoolIM reserves the right at all times to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of KoolIM, its employees or the public.

Always use caution when giving out any personally identifiable information about yourself or your children in the Service. KoolIM does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, KoolIM specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.

You are responsible for all activities that occur in your Service account. You agree to notify KoolIM immediately of any unauthorized use of your account or breach in security known to you related to the Service.

PRIVACY

See the Service Privacy Statement here for disclosures relating to the collection and use of your information.

INTERACTION WITH THIRD PARTY SITES AND SERVICES

The Service may allow you to interact with third party Web sites and Web services ("Link(s)"). The Links are not under the control of KoolIM and KoolIM is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. KoolIM is not responsible for any form of transmission received from any Link, nor is KoolIM responsible if the Link is not working appropriately. KoolIM is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by KoolIM of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY

KOOLIM PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. KOOLIM, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "KOOLIM PARTIES") MAKE NO WARRANTIES. THE KOOLIM PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. KOOLIM MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

IN NO EVENT SHALL ANY OF THE KOOLIM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOOLIM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

CUSTOMER SUPPORT

KoolIM may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with KoolIM with respect to the Service, KoolIM may terminate any Support it provides at any time in its sole discretion.

KoolIM does not support authorized third-party software that uses the Service. You should contact the provider of such software for support, if any.

TERMINATION/ACCESS RESTRICTION

Unless you, or a third party on your behalf, have entered into a separate written agreement with KoolIM that modifies these Terms of Use, KoolIM reserves the right, in its sole discretion, to terminate your access to and use of the Service or any portion thereof at any time, without notice. Also, unless you or a third party on your behalf have entered into a separate agreement with KoolIM, KoolIM may terminate or suspend your access to the Service for inactivity, which is defined as failing to log onto the Service for an extended period of time, as determined by KoolIM.

INTELLECTUAL PROPERTY NOTICES

All contents of any KoolIM Web site related to the Service are: Copyright © 2006, 2007 KoolIM and/or its partners. All rights reserved.

TRADEMARKS

KoolIM may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.