Terms of Use

Terms Of Use

  1. GENERAL
    1. Thank you for visiting koolchords.com ("Website"), which is operated by Koolchords Inc. ("Koolchords", "our", "we" or "us").  In this Agreement, "Service" means Koolchords' products and services offered and "you" or "your" means any person or entity using the Service. Please review these Terms of Use carefully so that you understand how we operate this Website and what we can offer. Please also read our Privacy Policy and any documents incorporated by reference. This Website provides a collection of online resources and forums, contests, resources and the like (collectively, the "Services").
    2. By using and/or visiting the Website, which includes all content available through the Website, you assent to the Terms and Conditions described below, including the Privacy Policy located on the Website. These Terms of Use is legally binding. If you do not agree or assent to any or all Terms of Use, please do not register, visit, view or contribute to the Website.
    3. These Terms of Use govern your use of this Website and Services, which is provided by Koolchords. These are subject to change by Koolchords at any time in its discretion and you are encouraged to review the most current Terms of Use each time you visit the Website. Your use of the Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes.
    4. If you want to become a member of Koolchords, communicate with other members, and make use of the Website, please read these Terms of Use and follow the instructions in the registration process. These Terms of Use sets out the legally binding terms for your membership and may be modified from time to time.
    5. When using particular functionalities and features, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features, which will be posted as they come into existence. These Terms of Use also dictate that you are responsible for following all guidelines, terms and rules applicable to functionalities and features made available to you through any of our partners that may not be posted here.
    6. If you do not wish to be bound by these Terms of Use, do not use the Website or Services.
  1. ELIGIBILITY
    1. Koolchords is intended solely for access and use by individuals that are thirteen (13) years of age or older.  By using our Services, you are certifying that you are at least thirteen years old. If you are less than thirteen years old, you must have your parent or legal guardian complete the registration process. By using the Services provided by the Website, you represent and warrant that you have the right, authority, and capacity to agree to the Terms of Use and to abide by all of the Terms of Use.
  2. TERMS
    1. These Terms of Use will remain in full force and effect while you use Koolchords or are a member. You may terminate your membership at anytime, for any reason, by following the instructions on the "Help" pages or upon receipt by Koolchords of your written or e-mail notice of termination. Koolchords may terminate your membership and access to the Website at anytime for any reason.
  3. ACCESS TO THE WEBSITE
    1. When you sign up to become a member of Koolchords, you will be asked to choose a username and password for your member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the member profile, username or password of another member at any time. You agree to notify us immediately if you suspect any unauthorized use of your member profile or access to your password. You are solely responsible for any and all use of your member profile.
    2. Limited license to use the Website
    3. Subject to your agreement and continuing compliance with these Terms of Use and any other relevant policies of Koolchords, Koolchords grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms of Use to access and use the Website solely for your own non-commercial entertainment and permitted commercial purposes. You agree not to use the Website for any other purpose.
    4. To create your account in any Services ("Account"), you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms of Use. Specifically, you agree that:
      1. You are either (i) the age of legal consent or over the age of thirteen (13); or (ii) you are a minor under the age of thirteen (13) years old and have obtained your parent's (or your legal guardian's) permission for accessing the Website and Services under the laws of any jurisdictions that apply to you. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
      2. All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information;
      3. You acknowledge that in establishing your Account, you have provided us with certain personal information about you. While we normally keep this information confidential, you agree that it may be necessary, from time to time, for us to disclose certain personal information to third parties and you consent to all such disclosures. Please see our Privacy Policy for further information;
      4. Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, log-in or user ID to access or use the Website to arrange, enter, and/or participate in Services, or for any other purposes. If we find this to be in breach we reserve the right to terminate your account immediately. We take no responsibility for any third party access to your Account;
      5. You have verified and determined that your use of the Website and its Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
      6. You fully understand the methods, rules and procedures of the Services, and your use of the Website and Services will always comply fully with these Terms of Use, the Privacy Policy and any applicable Rules or Guidelines;
      7. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Koolchords;
      8. Your use of the Website, Services and your Account is for your personal use only and it will not be used by you for commercial purposes or in the course of any trade or business;
      9. You shall not infringe or encroach upon Koolchords's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
      10. You will not use the Website or Services for fraudulent or otherwise illegal purposes; should you learn that any user is using the Website or Services for fraudulent or otherwise illegal purposes, you will immediately notify us in writing;
      11. You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Website and Services is illegal or restricted;
      12. You will not mask your identify in any way, including without limitation, IP masking by accessing the Website or Services over any type of proxy server, through IP masking software or the like;
      13. You will not create an Account or use the Website if you have previously been convicted in any jurisdiction of any sexual offences;
      14. You will not have an Account or use the Website if you have previously been removed by Koolchords, or previously been banned from using the Website;
      15. You will not use your Account to advertise, or solicitor, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
      16. You will not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any benefits or privileges associated with your Account to anyone without Koolchords's written permission; and
      17. You will not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Koolchords's written permission.
  1. PROPRIETARY RIGHTS IN THE SERVICE
    1. Koolchords owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trade-marks, and other proprietary information ("Intellectual Property") of Koolchords, and its licensors, including other Koolchords members. Except for the Intellectual Property, 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 Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you, or any third party, any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein.
    2. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Koolchords.
  1. THIRD PARTY CONTENT
    1. Although Koolchords does not claim ownership of the User Content that you post, by posting User Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Koolchords an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute that User Content and to prepare derivative works of, or incorporate into other works, that User Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting User Content to the Website, you automatically grant Koolchords all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Service by any party for any purpose.
  2. THIRD PARTY ADVERTISING
    1. You acknowledge that Koolchords may feature advertisements from Koolchords or third parties. Koolchords's disclosure of information for third party advertising is addressed in Koolchords's Privacy Policy.
    2. Koolchords may provide links on the Website to third party websites or vendors who may invite you to participate in promotions. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Koolchords makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from the Website, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Koolchords and may collect data or solicit personal information from you. Koolchords is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Koolchords of these linked sites.
  3. DISPUTE BETWEEN USERS
    1. You are solely responsible for your interactions with other users of the Website and any other parties with whom you interact through the Website. Koolchords reserves the right, but has no obligation, to become involved in any way with these disputes.
    2. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, and other affiliates and our employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  4. DISCLAIMERS
    1. You expressly agree that use of this Website is at your sole risk.  Neither Koolchords, its affiliates, content providers, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of this Website will be uninterrupted or error free, nor do they make any warranty as to the products, services, or results that may be obtained from use of this Website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through this Website.
    2. This Website and its products and services are provided on an "as-is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use.
    3. The disclaimers of liability contained in this section apply to any damages or injury 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, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other third parties or other users of the Website and that the risk of injury from the forgoing rests entirely with each user.
    4. In no event will we or any person or entity involved in creating, producing, administering or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or losses) arising out of the use of or inability to use this Website, our Services or products, or out of the breach of any warranty. You hereby acknowledge that the provision of this section shall apply to all content on this Website. 
    5. We neither endorse nor are responsible for the accuracy or reliability of any information on this Website.  Under no circumstances will we be liable for any loss or damage caused a member's reliance on information obtained through the content on this Website or products and services through the content on this Website or products and services obtained through this Website. 
    6. We do not endorse, warrant, or guarantee any product or service offered by a third party through this Website and will not be a party to or in any way monitor any transaction between member and third-party providers of products or services.
    7. You specifically acknowledges that in no event will we, our affiliates, partners, and content providers, or any of our respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (a) the use by such member of any browser owned or operated by any party and/or (b) the downloading of any files or software owned or operated by any third party in connection with the Service.
    8. You agree that our liability along with our affiliates, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Website or the information in this Website shall not exceed the amount you paid to us for use of this Website. 
  5. LIMITATION ON LIABILITY
    1. KOOLCHORDS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KOOLCHORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KOOLCHORDS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KOOLCHORDS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
  6. INDEMNITY
    1. You will indemnify and hold Koolchords, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of User Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
  7. OTHER TERMS
    1. These Terms of Use and its performance shall be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms of Use. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.
    2. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by us regarding the use of the Website.  
  8. HEADINGS
    1. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use and Privacy Policy.
  9. WAIVER
    1. We will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.