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TERMS OF PARTICIPATION 1. Use of CoolMiniOrNot is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
2. CoolMiniOrNot reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
3. CoolMiniOrNot is not involved in any transaction between any party who uses our site. We are a venue only and do not screen or censor or otherwise control the content offered to other Users, nor does CoolMiniOrNot screen or censor or otherwise control the Users of its service. CoolMiniOrNot can not and does not control the behavior of the participants on this site. CoolMiniOrNot does not assume responsibility for the content or context of the user areas, and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
4. If there is a dispute between participants on this site, CoolMiniOrNot is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, CoolMiniOrNot, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
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6. CoolMiniOrNot prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other.Additional prohibitions include the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, CoolMiniOrNot prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
7. CoolMiniOrNot prohibits the following for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
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9. CoolMiniOrNot also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through CoolMiniOrNot systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
10. If CoolMiniOrNot, in its sole discretion, determines that a violation of the Terms of Participation has occurred, CoolMiniOrNot may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Participation. CoolMiniOrNot could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. CoolMiniOrNot will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If CoolMiniOrNot believes in its sole discretion that any account may create liability for CoolMiniOrNot, CoolMiniOrNot may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, CoolMiniOrNot reserves the right to refuse service to anyone at any time, and to remove any images or listings without notice.
11. Member Disputes. You are solely responsible for your interactions with other CoolMiniOrNot Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
12. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. CoolMiniOrNot 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.
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14. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
15. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CoolMiniOrNot OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER CoolMiniOrNot NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CoolMiniOrNot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT CoolMiniOrNot SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT CoolMiniOrNot SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall CoolMiniOrNot total liability to You for all damages, losses, and causes of action exceed the amount paid by You to CoolMiniOrNot, if any, that is related to the cause of action.
17. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data submitted by you. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to CoolMiniOrNot with the exception of trading data, credit card numbers, checking account numbers, etc.
19. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
20. Ownership of information. By submitting material to CoolMiniOrNot, you represent that you are the owner of such material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of these Terms, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
21. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CoolMiniOrNot and any User of the Service.
22. Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to CoolMiniOrNot by displaying notices to Users on the Service.
23. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
24. These Terms of Participation and the relationship between User and CoolMiniOrNot shall be governed by the laws of Singapore without regard to its conflict of law provisions. User and CoolMiniOrNot agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore.
25. The failure of CoolMiniOrNot to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation 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 these Terms of Participation shall remain in full force and effect.
26. User agrees 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 these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
CoolMiniOrNot Copyright Policy
CoolMiniOrNot is a communication system for people to submit a link or a photograph for others to rate. CoolMiniOrNot users decide what content to make available to others using the system. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.
CoolMiniOrNot respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You should be aware that some image files may have been created or distributed without copyright owner authorization. As a condition to your use of the CoolMiniOrNot sytem, you agree that you will not use the CoolMiniOrNot service to infringe the intellectual property rights of others in any way.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), CoolMiniOrNot will respond expeditiously to claims of copyright infringement committed using the CoolMiniOrNot service. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting CoolMiniOrNot through our contact page.
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