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KOOLKIN LLC TERMS OF USE AGREEMENT

THIS IS AN AGREEMENT BETWEEN YOU AND KOOLKIN LLC ("KOOLKIN") REGARDING THE TERMS UNDER WHICH YOU MAY USE THE SERVICES PROVIDED BY KOOLKIN (COLLECTIVELY, THE "SERVICE"), INCLUDING ITS WEBSITE, AND ANY TEXT, IMAGES, PHOTOS, VIDEO, SOUNDS, MUSIC, WORKS OF AUTHORSHIP OR ANY OTHER MATERIALS MADE AVAILABLE VIA THE KOOLKIN WEBSITE (COLLECTIVELY, THE "CONTENT").

BY CHECKING THE "I AGREE" BOX ON THE SIGN-UP PAGE, OR BY USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS AND YOU MAY NOT USE THE SERVICE OR THE CONTENT.

  1. Eligibility. The Service and Content are intended solely for users who are eight (8) years of age or older. Each user registering for the Service must provide two e-mail addresses, one of which is his/her own e-mail address. If you under age 18, you must provide to e-mail address of your parent or guardian to complete the registration process. Any other registration by or use of the Service by anyone under 18 without consent of a parent or guardian is prohibited. By using the Service and/or Content, you represent that (1) you are 18 or older, or (2) you and your legal parent or guardian have agreed to these Terms of Use.
  2. Registration Information. You must provide accurate, current, and complete information in registering for a Koolkin account, including accurate age information and e-mail addresses. You agree to promptly update the personal information that you give to Koolkin as necessary, including reporting any changes of e-mail address.
  3. Personal Use Only. You are the only person who is authorized to use your Koolkin account (unless you have a corporate account as described below). You agree not to reveal your Koolkin account information, including your Koolkin username and password, to anyone else or let anyone else use your account. You are entirely responsible for all activities that occur on or through your account. You shall immediately notify Koolkin of any unauthorized use of your account or loss or disclosure of your password.
  4. Informational Use Only. The Content and any other materials available through the Service are provided solely as an overview of basic information regarding certain outdoor activities and sports, as well as site users' opinions on such activities and sports. It is not a comprehensive reference to all aspects of an outdoor activity or techniques, nor does will it cover every outdoor activity or technique which you may encounter. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE CONTENT, INFORMATION, OPINIONS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE IS AT YOUR OWN RISK. The Service and Content are not substitutes for any professional instruction, training, or assistance which you may need to safely undertake outdoor activities and sports.
  5. Use of Service and Content. You may use the Service and Content only in accordance with the following terms:
    • You may use, download and/or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You must keep all copyright and other notices intact and you must use such copy in compliance with this Agreement.
    • You may not distribute, publish, frame, post, transmit, sell, loan or transfer any Content. In particular, you agree not to share the Content with others by e-mail or make it available over the Internet, an intranet or any other computer network. If you know other people who might want to view or listen to particular Content, please invite them to sign up for their own Koolkin account and use the Service.
    • You may not quote or excerpt any Content without the prior written permission of both Koolkin and the Content's owner(s).
    • You may not modify any Content or create derivative works based on any Content or any part of the Koolkin website.
    • You may not collect email addresses or other contact information of other users of the Service by electronic or other means (including automated scripts or "robots") for any purpose.
    • You may not solicit personal information from anyone under 18, solicit passwords from other users, or solicit personal information for commercial or unlawful purposes.
    • You may not impersonate any person or organization, or misrepresent your identity, your age, or your affiliation with any person or organization.
    • You must follow all federal, state, and local laws and regulations that may apply to your use of the Service and Content. The Service and Content are not available where prohibited by law.
  6. Posting Content. The WWH portion of the Service allows you to post your own text, images, photos, video, sounds, music, works of authorship or any other materials (collectively, your "User Content") for viewing and use by others. You may post User Content only in accordance with the following terms:
    • By uploading any Content, you represent and warrant that you have the full right to post the Content and to grant Koolkin the license provided below.
    • By uploading any Content, you grant Koolkin a non-exclusive, irrevocable, perpetual, fully-paid, worldwide license to use, copy, distribute, perform, publicly display, create derivative works based on, reformat, excerpt, and distribute any Content or any derivative work based on it.
    • You may not upload, post, transmit, or otherwise make available any Content that you did not create or do not have permission to upload or otherwise make available to others.
    • You may not upload, post, transmit, or otherwise make available any Content that is threatening, unlawful, defamatory, infringing, abusive, violent, or racially, ethnically, or otherwise objectionable.
    • You may not upload, post, transmit, or otherwise make available any Content that contains software viruses or any other computer code that is designed to hamper, limit or destroy any computer hardware or software.
    • You may remove your Content at any time, but you acknowledge that Koolkin may retain archived copies of your User Content for its use as provided in this Agreement.
    • You acknowledge that Koolkin may, but is not obligated to, review your User Content. Koolkin may remove, disable access to and/or delete any User Content if it deems in its sole discretion that the Content does not comply with this Agreement or other Koolkin standards for Content.
  7. Intellectual Property.
    1. You are granted a limited license to use the Service and the Content as provided in this Agreement. All other rights to the Koolkin website, the Service and the Content are reserved. All ownership of the Content shall be retained by Koolkin and/or the owner(s) of the Content.
    2. You agree not to use the Service and the Content in any way whatsoever except as specifically authorized in this Agreement. Unauthorized use may infringe the intellectual property rights of Koolkin and its licensors and subject you to civil and criminal penalties, including possible monetary damages.
    3. "Koolkin" is a trademark of Koolkin LLC. Koolkin's trademarks may not be used for any purpose without the prior written permission of Koolkin.
  8. 8. Disclaimers; Liability Limitations.
    1. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. Koolkin is not responsible for the Content and other information posted by or the conduct of other users. Although Koolkin provides certain standards for all users, it does not control, evaluate or test the Content or other materials posted by users.
    2. THE SERVICE AND THE CONTENT ARE PROVIDED BY KOOLKIN ON AN "AS IS" BASIS. KOOLKIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, INSTRUCTION OR ADVICE INCLUDED IN THE CONTENT. FOR EXAMPLE, KOOLKIN DOES NOT WARRANT THAT YOUR USE OF THE CONTENT WILL MEET YOUR NEEDS OR BE FREE OF ERRORS OR MISTAKES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KOOLKIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This disclaimer shall not apply to the extent that it is prohibited by applicable law.
    3. YOU AGREE THAT KOOLKIN AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Koolkin's liability shall be limited to the fullest extent permitted by law.
  9. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD KOOLKIN AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THE CONTENT, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT. This provision includes but is not limited to indemnification of Koolkin for any third-party claims against Koolkin related to Content that you upload.
  10. Links to Other Sites. Some of the Content may contain links to information and news stories from other sites. Clicking on the links will take you to other sites not reviewed or controlled by Koolkin. Koolkin is not responsible for content of these sites.
  11. Territory. The Service is currently available only in the United States. You agree not to use, access or attempt to use or access the Service or the Content from outside of the United States.
  12. Corporate Accounts. If you are registering for a Koolkin corporate account, the words "you" and "your" as used throughout this Agreement are intended to refer to your organization. The person whose name is listed in the corporate account registration represents and warrants that he/she has authority to agree to this Agreement on behalf of the organization.
  13. Copyright Complaints. Koolkin respects the intellectual property rights of others and intends to promptly remove any allegedly infringing material on its site. If you believe that any Content or other material on the Koolkin site infringes your rights, please send a written notification of such infringement to our "designated agent" as further described in the Koolkin Copyright Policy.
  14. Privacy. Koolkin respects the privacy of its users. For more information, we encourage you to review the Koolkin Privacy Policy.
  15. Termination.
    1. You may terminate this Agreement at any time by canceling your Koolkin membership.
    2. Koolkin may, in its sole discretion, terminate this Agreement and/or your ability to access to Service or Content at any time for any reason.
    3. In the event that this Agreement is terminated either by you or Koolkin, you agree to refrain from any further use of the Service or the Content whatsoever. Certain provisions of this Agreement shall continue to apply to you as provided below.
  16. Changes and Updates. Koolkin may update and revise this Agreement from time to time and impose new terms or policies on use of the Service or the Content. Your continued use of the Service and Content is conditioned upon the Koolkin Terms of Use Agreement in effect at the time of your use, and your continued use of the Service shall constitute your acceptance of any updated, revised or additional terms
  17. Notices. Koolkin may send you notices regarding this Agreement or the Service or Content by sending an e-mail message to your current e-mail address that you have given to Koolkin. Notices shall be effective immediately.
  18. Governing Law and Venue. The laws of the State of Washington, without regard to its conflict of laws provisions, shall govern this Agreement and any use by you of the Service and the Content. The venue and jurisdiction for any dispute between you and Koolkin shall be the state and federal courts of King County, Washington, USA.
  19. Miscellaneous. This Agreement constitutes the entire understanding and agreement between you and Koolkin with respect to its subject matter, and any and all prior agreements, understandings or representations with respect to its subject matter are merged herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected, impaired or invalidated. Failure to enforce any rights granted in this Agreement shall not be deemed a waiver as to subsequent enforcement of such rights. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone else. Any attempt by you to transfer, assign, or delegate this Agreement shall be null and void. Sections 4, 5, 7, 8, 9, 15, 18, and 19 shall survive the termination or expiration of this Agreement.

Revised July 2008

Copyright 2008 Privacy Policy Terms of Use