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Terms and Conditions

May 4th, 2010


I MPORTANT NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.



  • INTRODUCTION.

    Purpose.
    The mission of Coaloo is to create a true social network where members not only can connect and stay in touch with friends but also build meaningful communities, share their visions for a better world, help others and also get the chance to be rewarded for referring us to others. We believe that referring friends needs to be rewarded as it adds value to the network and the community itself. We also see the need to help other people worldwide and will therefore give up to 10% of our earnings to charity projects. Our members will have the ability to contribute as well and also have the chance to help selecting those projects. We believe that giving is the ultimate social component that needs to be adopted by everyone who is priveliged to live in rich parts of the world. As a third pillar of our business model, we also want to support our members by allowing them to submit their business ideas in terms of innovative technologies around the internet and green technolgies. Members will be allowed to vote about those ideas and the ones who got a majority in votes will be supported by Coaloo, financially and with advice from our experts. To achieve our Mission, we make free and paid services available through our website to help you to connect with your friends, built communities, submit ideas, vote for ideas and projects. We will develop addtional services based upon our members feedback. We ensure that we won't give private data away to third parties. We ensure our members the highest standards of privacy protection as we want to build a network full of opportunities, trusted relationships and communities.

    Scope and Intent.
    You agree that by registering on Coaloo, or by using the our website, including our free and premium services, or other information provided as part of the Coaloo services (collectively "Coaloo" or the "Services"), you are entering into a legally binding agreement with Coaloo LP, 747 N Wabash Ave, Suite 2205, Chicago, IL 60611, USA if you reside in the United States, and anywhere else in the world ("we", "us", "our", and "Coaloo") based on the terms of this Coaloo User Agreement and the Coaloo Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Coaloo user ("User").
    If you are using Coaloo on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT register at Coaloo and do not access, view, download or otherwise use any Coaloo webpage, information or services. By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Coaloo User Agreement and Privacy Policy are also collectively referred to as Coaloo's "Terms of Service".

  • YOUR OBLIGATIONS.

    Applicable laws and this Agreement
    You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
    • DOs and DON'Ts;
    • Complaints Regarding Content Posted on the Coaloo Website;
    • Coaloo's Privacy Policy.


    License and warranty for your submissions to Coaloo.
    You own the information you provide Coaloo under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
    By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Coaloo profile information accurate and updated.

    Service Eligibility.
    To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Coaloo account, (3) are not a competitor of Coaloo or are not using the Services for reasons that are in competition with Coaloo; (4) will only maintain one Coaloo account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Coaloo, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

    Sign-In Credentials.
    You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Coaloo account to another party; and (5) refrain from charging anyone for access to any portion of Coaloo, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact Coaloo's customer support at support@coaloo.com.

    Indemnification.
    You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Coaloo.

    Payment.
    If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Membership Level fees"), you agree to Coaloo Payment Service Providers storing your payment card information. You also agree to pay the applicable fees for the Membership fees (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to paid Membership Levels. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your paid membership level at any give time. You also acknowledge that Coaloo's paid Membership Levels are subject to this Agreement and any additional terms related to the provision of the Membership Level.

    Notify us of acts contrary to the Agreement.
    If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

    Notifications and Service Messages.
    For purposes of service messages and notices about the Services to you, notice shall consist of an email from Coaloo to an email address associated with your account, even if we have other contact information. You also agree that Coaloo may communicate with you through your Coaloo account or through other means including email, about your Coaloo account or services associated with Coaloo. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

    User-to-User Communication and Sharing (Coaloo Communities, Affiiates, Updates, etc.).
    Coaloo offers various forums and blogs such as Coaloo Communities and Affiliates where you can post your observations and comments on designated topics. Coaloo also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and Coaloo cannot guarantee that other Users will not use the ideas and information that you share on Coaloo. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Coaloo community or elsewhere on Coaloo. Coaloo IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY Coaloo COMMUNITY FORUMS SUCH AS THE Coaloo BLOG, COMMUNITIES OR AFFILIATES.

    Privacy.
    You should carefully read our full Privacy Policy before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to Coaloo, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

    Export Control.
    Your use of Coaloo services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
     

  • YOUR RIGHTS.

    On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Coaloo), view information and use the Services that we provide on Coaloo webpages and in accordance with this Agreement. Any other use of Coaloo contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Coaloo commercially unless expressly authorized by Coaloo) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Coaloo and all related items.

  • OUR RIGHTS AND OBLIGATIONS.

    Services Availability.
    For as long as Coaloo continues to offer the Services, Coaloo shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Coaloo as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Coaloo, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Coaloo further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Coaloo to be contrary to this Agreement. For avoidance of doubt, Coaloo has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

    Third Parties.
    Coaloo may include links to third party web sites ("Third Party Sites") on www.Coaloo.com, and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site. You should review any applicable terms and/or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.
    Coaloo is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that your use is on an "as-is" basis, and that this Agreement does not apply to your use of any Third Party Site.
    Please note: If you allow Third Party Site to authenticate to or connect with your Coaloo account, that application or website can access information on Coaloo related to you and your connections.

    Disclosure of User Information.
    You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Coaloo, our Users or the public.

    Connections and Interactions with other Users.
    You are solely responsible for your interactions with other Users. Coaloo may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Coaloo reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Coaloo determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
     

  • DISCLAIMER.

    SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

    DO NOT RELY ON COALOO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR COALOO AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY COALOO OR ANYTHING RELATED TO COALOO, YOU MAY CLOSE YOUR COLAOO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

    COALOO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS IN -MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH COALOO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

    COALOO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, COALOO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

    COALOO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Coaloo DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, COALOO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE COALOO SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
     

  • LIMITATION OF LIABILITY.

    SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
    Neither Coaloo nor any of our subsidiaries, affiliated companies, employees, or directors shall be liable for (a) any damages in excess of three times the annual fee that you paid for a Membership fee, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, or any of the content or other materials on, accessed through or downloaded from Coaloo. This limitation of liability shall:
    • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose;
    • Not apply to any damage that Coaloo may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement;
    • Not apply if you have entered into a separate agreement to purchase a paid Membership Level with a separate Limitation of Liability provision that supersedes this section in relation to those Membership Levels.

  • TERMINATION.

    Mutual rights of termination.
    You may terminate this Agreement, for any or no reason, at any time, with notice to Coaloo. This notice will be effective upon Coaloo processing your notice. Coaloo may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Coaloo or the party paying for the services may terminate your access to any Premium Services. Termination of your Coaloo account includes disabling your access to Coaloo and may also bar you from any future use of Coaloo.

    Misuse of the Services.
    Coaloo may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Coaloo messaging services; creating multiple or false profiles; using the Services commercially without Coaloo's authorization, infringing any intellectual property rights, or any other behavior that Coaloo, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Coaloo has adopted a policy of terminating accounts of Users who, in Coaloo's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

    Effect of Termination.
    Upon the termination of your Coaloo account, you lose access to the Services. In addition, Coaloo may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 ("Your Rights") and 4.a-b, and d ("Our Rights and Obligations") hereof.
     

  • ILLINOIS LAW AND ARBITRATION.

    Choice of Law.
    Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Coaloo arising out of or relating to the Agreement ("Disputes") shall be governed by Illinois law regardless of your country of origin or where you access Coaloo, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

    Agreement to Arbitrate and Pay Attorneys Fees.
    Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Chicago, Illinois, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.

    Exception from Arbitration Agreement
    Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

    Refundable Fee Advances for Consumers
    If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to Illinois would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
     

  • GENERAL TERMS.

    Severability.
    If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

    Language.
    Where Coaloo has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Coaloo.

    Notices and Service of Process.
    In addition to Section 2.h. ("Notices and Service Messages"), we may notify you via postings on www.coaloo.com.
    You may contact us via email at: info@coaloo.com
    Or via mail or courier at: Coaloo LP
    747 N Wabash Ave, Suite 2205
    Chicago, IL 60611
    USA


    Additionally, Coaloo accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

    Entire Agreement.
    You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Coaloo services, third-party content or third party software.

    Amendments to this Agreement.
    We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.coaloo.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).

    No informal waivers, agreements or representations.
    Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Coaloo Affiliate shall be deemed legally binding on any Coaloo Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Coaloo.

    No Injunctive Relief.
    In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

    Beneficiaries.
    Entities other than Coaloo LP, VVC Partners Inc. and Viral Venture Capital LP, that Coaloo LP owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

    Assignment and Delegation.
    You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Coaloo LP for any third party that assumes our rights and obligations under this Agreement.
     

  • Coaloo USER "DOS" and "DON'TS".

    As a condition to access Coaloo, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:

    Do undertake the following:
    • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
    • Provide accurate information to us and update it as necessary;
    • Review and comply with our Privacy Policy;
    • Review and comply with notices sent by Coaloo concerning the Services;
    • Use the Services in a professional manner.

    Don't undertake the following:
    • Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Coaloo;
    • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Coaloo (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Coaloo;
    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
    • Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;
    • Create a user profile for anyone other than a natural person;
    • Utilize information, content or any data you view on and/or obtain from Coaloo to provide any service that is competitive, in Coaloo's sole discretion, with Coaloo;
    • Imply or state, directly or indirectly, that you are affiliated with or endorsed by Coaloo unless you have entered into a written agreement with Coaloo;
    • Adapt, modify or create derivative works based on Coaloo or technology underlying the Services, or other Users' content, in whole or part, except as permitted under Coaloo's developer program;
    • Rent, lease, loan, trade, sell/re-sell access to Coaloo or any information therein, or the equivalent, in whole or part;
    • Deep-link to the Site for any purpose, (i.e. including a link to a Coaloo web page other than Coaloo's home page) unless expressly authorized in writing by Coaloo or for the purpose of promoting your profile or a Community on Coaloo;
    • Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the site;
    • Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through Coaloo-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
    • Access, via automated or manual means or processes, Coaloo for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
    • Engage in "framing", "mirroring", or otherwise simulating the appearance or function of Coaloo's website;
    • Attempt to or actually access Coaloo by any means other than through the interfaces provided by Coaloo;
    • Attempt to or actually override any security component included in or underlying Coaloo;
    • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Coaloo personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
    • Remove any copyright, trademark or other proprietary rights notices contained in or on Coaloo, including those of both Coaloo and any of its licensors;
    • Remove, cover or otherwise obscure any form of advertisement included on Coaloo;
    • Harass, abuse or harm another person, including sending unwelcomed communications to others using Coaloo;
    • Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Coaloo except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
    • Share information of non-Users without their express consent;
    • Interfere with or disrupt Coaloo, including but not limited to any servers or networks connected to Coaloo;
    • Invite people you do not know to join your network;
    • Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;
    • Use or attempt to use another's account without authorization from the Company, or create a false identity on Coaloo;
    • Infringe or use Coaloo's brand, logos and/or trademarks, including, without limitation, using the word "Coaloo" in any business name, email, or URL or including Coaloo's trademarks and logos.

    Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
    • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Coaloo);
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to (a) using Coaloo invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Coaloo to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
    • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Coaloo or any User of Coaloo;
    • Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;

  • COMPLAINTS REGARDING CONTENT POSTED ON THE Coaloo WEBSITE.

    We built Coaloo to provide you a more meaningful and true social network. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.

  • PROVISIONS APPLICABLE TO USERS REGISTERING FROM GERMANY.

    The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using Coaloo from Germany and you are using the German version of Coaloo:
    • Liability.
      Subject to the provisions contained in the following paragraph and irrespective of legal ground, Coaloo is liable only for damages resulting from the intentional misconduct or gross negligence of Coaloo, its legal representatives, employees.
      For damages resulting from the gross negligence of Coaloo, liability is limited to damages commonly associated with the agreement in question. For damages caused by Coaloo in the absence of intentional misconduct or gross negligence, Coaloo's liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement's purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (1) injuries to life, body and health, or (2) the assumption of a guarantee or procurement risk. To the extent that Coaloo's liability is excluded or limited under the foregoing provisions.
    • Decompilation.
      In case you download certain software provided by Coaloo, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act ("Urhebergesetz") and only after Coaloo has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
    • Right of Revocation.
      If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or eMail) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address:
      Coaloo LP
      747 N Wabash Ave, Suite 2205
      Chicago, IL 60611
      USA
Coaloo © 2010, Coaloo is a registered Trademark, all rights reserved, Patent pending
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