Terms of Service, Copyright Notice and Disclaimers
legal rights and obligations. By using the Service, you agree to abide by these terms and conditions. If you do not agree
Copyright and Intellectual Property Rights
We respect other people's copyrights, intellectual property rights and other legal rights, and we expect you to do the
Coolmatch.us does not claim ownership of any content you post on or through the Service. Instead, by using the
Service, you grant to Coolmatch.us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable,
irrevocable, worldwide license to use the content that you post on or through the Service, and you expressly
waive compensation for such material. You acknowledge that we are not obligated to accept or use the said
material, which we may edit or revise as we deem appropriate and at our sole discretion. We retain sole and
exclusive copyright on all such Content and derivative works arising therefrom.
You represent and warrant that: (1) you own the content you post on or through the Service, or you have
the right to grant the rights and licenses set forth herein; (2) the posting and use of your Content on or through the
Service does not violate, misappropriate or infringe on the rights of any third party, including
privacy rights, publicity rights, copyrights, trademark or other intellectual property rights; (3) you agree to pay all
royalties, fees and any other monies owed by reason of Content you post on or through the Service; (4) you have the legal
from any and all claims arising from alleged copyright infringement and other violations of intellectual property rights
arising from material that you post on the Service.
You acknowledge that all Content on this website is protected by copyright, trademark, patent or other proprietary
rights and laws held by the respective owners of such Content. You may use the Content for personal, non-commercial use
only. You may not copy, transmit, modify, upload, republish or distribute the Content, except as expressly
provided herein, without our written consent.
You will not remove, alter or conceal any copyright, trademark, service mark, watermark or other proprietary rights
notices incorporated in, superimposed on or accompanying Content obtained from the Service, and you will not reproduce,
modify, adapt, prepare derivative works based on, display, publish, distribute, sell, license or otherwise exploit such
The Coolmatch name and logo are our registered and/or unregistered trademarks and may not be copied, imitated or used,
in whole or in part, without our prior written consent. In addition, all page headers, page layouts, custom graphics,
button icons and scripts within such Web pages are service marks, trademarks and/or trade dress of Coolmatch, and may not
be copied, imitated or used, in whole or in part, without our prior written consent.
Logos and service names appearing on the Service may not be used in connection with any product or service that is not
ours, that reflects unfavorably on us in any manner, or that is likely to cause confusion among users or the public.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby
agree that Coolmatch.us may place such advertising and promotions on the Service or on, about, or in conjunction with your
Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to
you. You further acknowledge that we may not always identify paid services, sponsored content or commercial communications
If you upload photos, graphics, quotes or any other type of content to the service, and we are subsequently advised by
the lawful owner of such content that said material is protected by copyright or other intellectual property rights,
we will promptly delete such content from the Service.
Coolmatch.us reserves the right to remove any Content from the Service for any reason, without prior notice. Content
removed from the Service may continue to be stored by Coolmatch, including, without limitation, in order to comply with
certain legal obligations, but may not be retrievable without a valid court order. Coolmatch.us will not be liable to you for
any modification, suspension or discontinuation of the Service, or the loss of any Content. You also acknowledge that the
Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that Coolmatch.us is not responsible for, and does not endorse, Content posted within the Service. Coolmatch.us does
you agree to bear legal responsibility for that Content. You acknowledge and agree that your relationship with Coolmatch.us is not
a confidential, fiduciary or other type of special relationship, and that your decision to submit any Content does not
place Coolmatch.us in a position that is any different from the position held by members of the general public, including with
regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Coolmatch, and
Coolmatch.us will not be liable for any use or disclosure of any Content you provide.
If you repeatedly infringe other people's copyrights or other intellectual property rights, your account may be
terminated at our sole discretion and without further notice to you.
The Service is provided to persons who are at least 16 years ("Users").
If you apply for and are issued an account and password, you agree to provide us with true, current and complete information when you register for an account, and you agree to keep your profile information up-to-date. You are responsible for keeping your password secret and secure.
You are solely responsible for your conduct and for any files, images, graphics, photos, audio/video clips, sounds, and other content or materials (collectively, "User Content") that you submit, post or display on or via the Service.
You may not post violent, unlawful, inflammatory, racially offensive, infringing, hateful, pornographic or sexually
explicit images, comments or other material on the Service.
You agree that you will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities,
and you will not post your own or anyone else's private or confidential information, including credit card information,
Social Security or other national identity numbers, non-public phone numbers or non-public email addresses.
Comments and other forms of interaction between users of the Service may occur in various discusssion forums on the
website. These forums are not free speech zones and are subject to moderation. By using the Service, you agree to refrain
from posting insults, moral rants, advertising spam and any other comments that would detract from the enjoyment of the
Service by other users. You agree to use discretion when posting comments and should not divulge your phone number, work
or home address, credit card numbers or other confidential information on any public or private forum on this website.
You agree that you will not attempt to restrict other users from using or enjoying the Service, and you
You agree that you will not create or submit unwanted email, comments or other forms of commercial or harassing
communications (otherwise known as "spam") to any Coolmatch.us users. You will not solicit any person or post commercial
advertising of any kind, unless such materials are expressly authorized by us.
You may not use the Service for any illegal or unauthorized purpose. You agree that you will not advocate illegal activity
of any kind or discuss such activities with the intent to commit them or incite others to do so. You further agree to
comply with all laws, rules and regulations, including federal, state, local and provincial, applicable to your use of the
Service and your Content, including but not limited to, copyright laws.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting
worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or
code or otherwise alter or interfere with the way any Coolmatch.su page is rendered or displayed in a user's browser or
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an
automated device, script, bot, spider, crawler or scraper.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Coolmatch.us is not responsible or liable for the conduct of any user.
You agree that you are responsible for all data charges you incur through use of the Service.
From time to time, we may conduct contests or other incentive programs, and we may offer rewards or other incentives to
eligible users. We are under no obligation to do so, but if we do offer such incentives, then we are obligated to fulfill
the terms and award any prizes as promised. Incentives may vary and shall be offered at our sole discretion.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement
your use of the Service, superseding any prior agreements between you and Coolmatch. You will not assign any rights or
delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior
written consent of Coolmatch. Any purported assignment or delegation by you without the prior written consent
of Coolmatch.us will be null and void.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where
you access or use the service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, except as
may occur with standard search engine protocols or technologies used by search engines with our express consent.
understand and agree that Coolmatch.us cannot and will not be responsible for the Content you post on the Service and you use
possible legal exposure for Coolmatch, we can stop providing all or part of the Service to you.
The Service is owned or controlled by Coolmatch, a division of Spectrum Interactive.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice,
at any time, and without liability to us or you. You can deactivate your own account at any time by logging in and
following the unsubscribe procedure in effect at that time. If we terminate your access to the Service or you unsubscribe
yourself, your photos, comments and all other data will no longer be accessible through to you through your account, but
those materials and content may persist and appear within the Service. Upon termination, all licenses and other rights
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block and/or monitor Content or accounts containing Content that we
We may terminate the Service at any time, in whole or part, for any reason and effective immediately. We may also
terminate any member's account at our sole discretion for: (a) violation of the letter or spirit of the TOS; (b) if any
information provided to us is inaccurate; or (c) as otherwise provided herein. Upon such termination, you agree to
immediately discontinue using the Service and destroy all Content and materials obtained from it.
There may be links from the Service, or from communications you receive from the Service, to third-party websites or
features. There may also be links to third-party websites or features in images or comments within the Service. The
Service also includes third-party content that we do not control, maintain or endorse. Using such features and/or services
may require you to log in to your account on the third-party service and you do so at your own risk. We do not control any
of these third-party Web services or any of their content. You expressly acknowledge and agree that we are in no way
responsible or liable for any such third-party services or features, and any communications or business dealings between
you and such third-party services are solely between you and those services.
The information provided within the Service is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject
Coolmatch.us to any registration requirement within such jurisdiction or country. We reserve the right to limit the
availability of the Service or any portion of the Service to any person, geographic area or jurisdiction, at any time
and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that
Software related to or made available by the Service may be subject to United States export controls. Thus, no software
from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to
which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the
Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any
such country or on any such list.
legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You
agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after
the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your
Service. The Updated Terms will be effective on the date of posting and will apply to your use of the Service from that
Disclaimer of Warranties
The Service is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by
law, neither Coolmatch.us nor its parent company nor any of their employees, managers, officers, directors or agents (the Coolmatch
Parties) make any representations, warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the
service; (b) the Content provided by Coolmatch.us or its users; or (c) security associated with the transmission of
information to Coolmatch.us or via the Service. In addition, the Coolmatch Parties hereby disclaim all warranties, express or
implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement,
title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Coolmatch Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will
be corrected; or that the service or the server that makes the service available is free from any harmful components,
including, without limitation, viruses. The Coolmatch Parties do not make any representations or warranties that the
information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of
the service is at your sole risk. The Coolmatch Parties do not warrant that your use of the service is lawful in any
particular jurisdiction, and the Coolmatch Parties specifically disclaim such warranties. Some jurisdictions limit or do
not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such
The Coolmatch Parties do not endorse content and specifically disclaim any responsibility or liability to any person or
entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other
cause of any kind or character based upon or resulting from any content.
There may be occasions when due to circumstances beyond our control the Service is interrupted, including, without
limitation, for scheduled maintenance or upgrades, emergency repairs, or due to failure of telecommunications links and/or
Limitation of Liability; Waiver
We make no representation that Content on this website is appropriate or authorized for use in all states, countries or
other jurisdictions, or that the Service will meet your requirements. We do not represent or warrant that the Content is
accurate, complete, correctly sequenced, timely or reliable; or that the Service will be uninterrupted or error- free, or
that software defects, if any, will be corrected. The Service is provided on an "AS IS" and "as available" basis. To the
full extent allowed by law, we disclaim all warranties, express or implied. You agree that use of the Service is at your
own risk. Any Content obtained through the Service is at your prerogative and you are solely responsible for any damage to
your computer system or loss of data resulting therefrom. You further agree that we are not responsible or liable for any
illegal, offensive, obscene, threatening or defamatory content or conduct of any other party(ies), or any infringement of
another's rights, including intellectual property rights.
Under no circumstances will the Coolmatch Parties be liable to you for any loss or damages of any kind (including, without
limitation, any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or
damages) that are directly or indirectly related to: (a) the Service; (b) content provided by Coolmatch; (c) user content; (d) your
use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by
the Coolmatch parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action
taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's
operation; or (h) any damage to any user's computer, mobile device or other equipment or technology including, without
limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption,
defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction,
including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of
results, or computer failure or malfunction, even if foreseeable or even if the Coolmatch Parties have been advised of or
should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or
tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications
failure, or theft or destruction of the service). In no event will the Coolmatch Parties be liable to you or anyone else
for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will the Coolmatch Parties' total liability to you for all damages, losses or causes or action exceed one
hundred United States dollars.
You agree that in the event you incur any damages, losses or injuries that arise out of acts or omissions by the Coolmatch
Parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing
any exploitation of any website, service, property, product or other content owned or controlled by the Coolmatch Parties,
and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or
exploitation of any website, property, product, service or other content owned or controlled by the Coolmatch Parties.
The Coolmatch Parties are not responsible for the actions, content, information or data of third parties, and
you release us, collectively and individually, from any claims and damages, known and unknown, arising out of or in any
way connected with any claim you have against any such third parties.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Coolmatch's
request), indemnify and hold the Coolmatch Parties harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation reasonable attorney's fees and costs arising out of or in any way connected with
any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
your violation of any third-party right, including without limitation any copyright or intellectual property right,
publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation all
regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you. You will cooperate as
fully required by Coolmatch.us in the defense of any claim. Coolmatch.us reserves the right to assume the exclusive defense and
control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior
written consent of Coolmatch.
You agree that all disputes between you and Coolmatch.us (whether or not such dispute involves a third party) with regard
Service and rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American
Arbitration Association's rules for arbitration of consumer-related disputes, and you and Coolmatch.us hereby expressly waive
trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small
claims court's rules. You may bring claims only on your own behalf. Neither you nor Coolmatch.us will participate in a class
action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims
brought in a private attorney general or representative capacity, or consolidated claims involving another person's
account, if Coolmatch.us is a party to the proceeding. This dispute resolution provision will be governed by the Federal
Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one
hundred and sixty (160) days of filing the case, then either Coolmatch.us or you can elect to have the arbitration
administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator
may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator
You may opt out of this agreement to arbitrate. If you do so, neither you nor Coolmatch.us can require the other to
participate in an arbitration proceeding. To opt out, you must notify Coolmatch.us by written email within 30 days of the date
that you first became subject to this arbitration provision. You must email your opt-out request to Support@Coolmatch.us
and you must include your name and residence address, the email address you use for your Coolmatch.us account and a clear
statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to
be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration
agreement will survive the termination of your relationship with Coolmatch.
You agree that any claim you may have arising out of or related to your relationship with Coolmatch.us must be filed within
one year after such claim arose; otherwise, your claim is permanently barred.
and announcing such update on our homepage for at least five (5) days following the date of such update. Your use of the
Service after such update shall be deemed to constitute irrevocable acceptance by you of such amendments, modifications or
Governing Law & Venue
effect to any principles of conflicts of law, and will specifically not be governed by the United Nations Conventions on
Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the
dispute you have with Coolmatch.us exclusively in a state or federal court located in Santa Barbara County, California, and to
submit to the personal jurisdiction of the courts located in the said county for the purpose of litigating all such
affect the validity and enforceability of any remaining provisions. Coolmatch's failure to insist upon or enforce strict
performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any
of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Coolmatch.us reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes
arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any
or all of your transactions with Coolmatch.
You and we acknowledge and agree that any cause of action arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such action is permanently barred.
Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree
confer any third-party beneficiary rights.
extent that any translated version of these terms conflicts with the English version, the English version controls.