kookster.com Terms of Use Agreement

kookster.com is a social networking service for people 18 years old and older, that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by kookster.com, ("kookster.com")Kookster.com Inc. By using the kookster.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the kookster.com services (the Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. kookster.com may modify this Agreement from time to time and such modification shall be effective upon posting by kookster.com on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes kookster.com’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and kookster.com’s Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@kookster.com, Subject: Terms of Use Agreement.

Please choose carefully the information you post on kookster.com and that you provide to other Members. Your kookster.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other kookster.com Members (for instance, in their Profile) may contain
inaccurate, inappropriate or offensive material, products or services and kookster.com assumes no responsibility or liability for this material.

kookster.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline kookster.com event, you agree to release and hold kookster.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participationin any such offline kookster.com event.

1.        Eligibility. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the kookster.com shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

2.        Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member Account page. kookster.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to kookster.com. If kookster.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Even after membership is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-14. kookster.com’s Terms of Use and/or subscription fees that were provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that kookster.com reserves the right to charge for the Service and has the right to terminate a Member’s Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

3.        Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of kookster.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by kookster.com for any illegal or unauthorized use of the Website.

4.        Proprietary Rights in Content on kookster.com. kookster.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of kookster.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5.        Content Posted on the Site. a. You understand and agree that kookster.com may review and delete any content, messages, text, files, images, kookster.com Messenger messages, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of kookster.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. c. By posting any Content to the public areas of the Website, you hereby grant to kookster.com the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. kookster.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision,  including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. Harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although  kookster.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, kookster.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which kookster.com deems appropriate in its sole discretion. h. You may not cover or obscure the banner advertisements on your personal profile page, or any kookster.com page via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited. j. You may not attempt to impersonate another user or person who is not a member of kookster.com. k. For band profiles, you may not copy the code for your kookster.com Player and embed it into other profiles or ask other Members to embed it into their profiles. l. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. m. You may not sell or otherwise transfer your profile.

6.        Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of kookster.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to kookster.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. kookster.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, kookster.com 1111 Desert Lane, Las Vegas, NV, 89102.

7.        Member Disputes. You are solely responsible for your interactions with other kookster.com Members. kookster.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

8.        Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. Your use of the kookster.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that kookster.com may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of kookster.com, its users or the general public.

9.        Email Communications. By using the Website and providing your email address you agree to receive communications related to your kookster.com membership via email from kookster.com, our partners, vendors and third party service providers. You can choose to opt-out from receiving these emails at any time by following the unsubscribe directions in the email message you receive. All emails that kookster.com delivers will contain a link to the sender's unsubscribe process. You may also send an opt-out unsubscribe request directly to kookster.com from our website. We will work with our partners, vendors and third party service providers to have the email address removed from any lists.  We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

10.        No Spam Policy. You understand and agree that sending unsolicited email advertisements to kookster.com email addresses or through kookster.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in.  Any unauthorized use of kookster.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

11.        Limitations of Service. You acknowledge that kookster.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that kookster.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that kookster.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that kookster.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12.        Access to the Service. kookster.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by kookster.com. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to  the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt  file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

kookster.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by kookster.com to do so.  You may also create a hyperlink to the home page of kookster.com sites so long as the link does not portray kookster.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

kookster.com offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators.  kookster.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'kookster.com' as the source, (d) your use or display does not suggest that kookster.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden kookster.com's systems.  kookster.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by kookster.com immediately terminates said permission or license.  In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from kookster.com.

13.        Termination of Service. You agree that kookster.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if kookster.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that kookster.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. All ongoing rights of the parties shall survive termination of these Terms.

14.        Property Rights. The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of kookster.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of kookster.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the  Service.

Although kookster.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to kookster.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant kookster.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15.        Disclaimers. kookster.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. kookster.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. kookster.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. kookster.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall kookster.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and kookster.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. kookster.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

16.        Limitation on Liability. IN NO EVENT SHALL kookster.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF kookster.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, kookster.com’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO kookster.com FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

17.        U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 or using the Software, 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.

18.        Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of.

19.        Indemnity. You agree to indemnify and hold kookster.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

20.        Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and kookster.com regarding the use of the Website and/or the Service. The failure of kookster.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. kookster.com is a trademark of kookster.com, Inc.. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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