Terms
of Use
Please read the terms and conditions below carefully before using this site.
1. Acceptance of Terms
Welcome to Koolvite.com! Koolvite.com is owned and operated by Technizant LLC. Use of Koolvite.com is subject to the following Terms of Use which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: http://www.koolvite.com/terms.html.
2. Description of Service
Koolvite.com currently provides users an online event planning and invitation service for business and personal use. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to this Terms of Use.
3. Registration Obligations
In consideration of use of Koolvite.com, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Koolvite.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Koolvite.com has the right to suspend or terminate your account and refuse any and all current or future use of this service (or any portion thereof). You also understand and agree that the service may include certain communications from Koolvite.com, such as service announcements and administrative messages and you will have the option to opt out of these communications.
4. Privacy Policy
Acceptance of the Koolvite.com Terms of Use implies acceptance of the Privacy Policy detailed at http://www.koolvite.com/privacy.html. Koolvite.com reserves the right to update this policy under the constraint that we will make reasonable attempt to notify you of any changes through the email address you submit to us as part of the registration process for Koolvite.com. It is your responsibility to maintain the email address you provided us in working order.
5. Copyright
All materials on this site are the copyrighted property of Technizant LLC as enforced by United States of America and International laws. No material from this site may be copied , reproduced, translated or reduced to any electronic medium or machine readable form without the prior written consent of Technizant LLC. You further agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this service, use of this service, or access to this service.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Koolvite.com, are entirely responsible for all content that you upload, post or otherwise transmit via this service. Koolvite.com does not control the content posted via this service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using this service, you may be exposed to content that is offensive, indecent or objectionable.
You agree to not use Koolvite.com to:
(a) upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Koolvite.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; See more details in the section named "No Spamming".
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another user;
(l) collect or store personal data about other users;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(n) use your event as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Koolvite.com;
7. No Spamming
You must not use any feature of the Koolvite.com service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Koolvite.com. If you use any feature of the Koolvite.com service for the purpose of sending Spam, Koolvite.com reserves the right to immediately terminate your access to the Koolvite.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Koolvite.com service for Spam, please notify us at violations@koolvite.com.
8. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Content submitted to Koolvite.com
Koolvite.com does not claim ownership of the content you place on this web site. By submitting content to Koolvite.com for any purpose, you grant Koolvite.com the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your event. This license exists only for as long as you continue to be a Koolvite.com user and shall be terminated at the time your Koolvite.com membership is terminated.You acknowledge that Koolvite.com does not pre-screen content, but that Koolvite.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via this service. Without limiting the foregoing, Koolvite.com and its designees shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable. You agree that you 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.
10. Indemnity
You agree to indemnify and hold Koolvite.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the Koolvite.com service, your connection to this service, your violation of the Terms of Use, or your violation of any rights of another.
11. Modifications to Service
Koolvite.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this service (or any part thereof) with or without notice. You agree that Koolvite.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of this service.
12. Conditions of Termination
You agree that Koolvite.com, in its sole discretion, may terminate your use of any services provided by us, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Koolvite.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Koolvite.com may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Koolvite.com may immediately deactivate or delete your event and all related information and files in your Koolvite.com event and/or bar any further access to such files or the service. Further, you agree that Koolvite.com shall not be liable to you or any third-party for any termination of your access to the service. There are no refunds, credits or compensation of any kind for termination of your event or the Koolvite.com site.
13. External Links
Koolvite.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Koolvite.com has no control over such sites and resources, you acknowledge and agree that Koolvite.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Koolvite.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Security
You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Profile page. You may also set up a new account at your convenience. You agree to notify Koolvite.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Koolvite.com of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Koolvite.com is notified by email of a breach in security, you will remain liable for any unauthorized use of the Koolvite.com service through your account. In consideration for using the Koolvite.com service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration is inaccurate, Koolvite.com reserves the right to terminate your account immediately and your right to use the service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KOOLVITE.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.
(b) KOOLVITE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOOLVITE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOOLVITE.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 KOOLVITE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
18. General Information
The Terms of Use constitute the entire agreement between you and Koolvite.com and govern your use of the service, superceding any prior agreements between you and Koolvite.com (including, but not limited to, any prior versions of the Terms of Use). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Koolvite.com services, third-party content or third-party software. The Terms of Use and the relationship between you and Koolvite.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Koolvite.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Koolvite.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
19. Violations
Please report any violations of the Terms of Use to violations@koolvite.com
