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The community with a green conscience; Environment, Health, Social justice

Terms and Conditions of Use

Last revised on 1 February 2009

Welcome to the Cooltribe Community

Welcome to Cooltribe. Cooltribe is a social networking Website and directory of products and services for people who care for the environment as well as other ethical issues. We provide registered members with access to a number of features including a discussion group, news, action challenges amongst others. Cooltribe'services also include advertisements, a listing directory, market research, quizzes, carbon offsets calculators and other marketing activities and you hereby understand and agree that the use of advertising and other marketing activities on the Website is vital for Cooltribe to continue to provide its services to the community.

These Terms and Conditions, along with the Privacy Policy, outline your rights as a "user" of this Website and protect you in law concerning all aspects of the Cooltribe Website. They set out the legally binding terms of your use of the Cooltribe Website and membership in the Cooltribe Service.

We reserve the right to modify, change, add or delete sections of these terms or the Privacy Policy at any time and without prior notice. These amendments or additions are effective immediately upon posting on this page. Your continued use of the Service or the Website after any amendment confirms your acceptance of the amendment or addition and therefore, the new Terms and Conditions. It is the users' responsibility to check this page regularly to determine if any changes have been made to the Terms and Conditions or Privacy Policy, and not to use or access any Service on the Cooltribe Website without agreeing to abide by its current terms.

By accessing the Cooltribe community at www.cooltribe.com and thus use the Services, including any new features or functionality that Cooltribe may make available from time to time, you as the user display that you have read, understood, and agree to be bound by these Terms and Conditions, also by the terms of the Privacy Policy; whether or not you are a registered Member of the Cooltribe Website. If you do not agree to be bound by them, you may not use the Cooltribe Service.

As a member of our Cooltribe community, you have a responsibility to all parties within that community to use the Service for its intended purpose, as well as to act responsibly and respect the rights of all other Members and Users. This document details the conduct we require of every Member of the Cooltribe Community.

Whilst entering the Cooltribe community, if upon using the Website and entering into this Agreement, Members fail to comply with any of these terms or engage in abuse or other inappropriate activity; we have the right to terminate user accounts and all content pertaining to that account and that user. Although we are not obliged or legally bound to do this, we will make our best endeavor to notify or inform you when we do this and explain why we have taken specific actions.

Cooltribe.com is operated by Empirical Trading Ltd, a company registered in Gibraltar.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE AS THEY ARE IMPORTANT.

Eligibility

Our Website is not aimed at children under the age of thirteen (13) and we do not knowingly collect information from children under the age of thirteen through the Website. You must be thirteen or older to register as a Member of Cooltribe. Children under the age of thirteen are not permitted to become a member of our community.

By using the Website, you represent and warrant that you are thirteen or older and that you have the right, authority, and capacity to enter into this Agreement and abide by all of its terms and conditions. If, at any time and for any reason, the Company believes that you are under the age of thirteen, it may terminate your membership and all corresponding content and/or prohibit you from using or accessing the Service or the Website in discretion, with or without notice.

Visitors/members who are between 13 and 18 years of age should ask their parent or legal guardian for assistance when using the Website and get authorization and guidance from their parent or legal guardian on what information they should submit.

Your Registration Data and Account Security

In order to join the Cooltribe community and become a Member, with access to the Website and access to the resources of the Cooltribe platform, you agree to provide true, accurate, current and complete registration information and to maintain and update your data to keep it complete, current, accurate and true. When you register, you will be asked to provide a password and email address identification, and you will remain individually responsible for any and all activity that takes place under your password and email identification, whether or not you have authorised such activity.

Filling in your profile

Once you have completed your full profile, you will automatically have a FREE tree planted in your name for which you will receive a certificate, as long as Cooltribe's tree planting service is on offer at that time.

Signing up for the tree initiative means that you hereby agree to the following Terms and Conditions:

  • when your profile is 100% complete a tree will be automatically planted on your behalf.
  • you agree that as part of the Tree Initiative, your personal information (including your email address, name and other particulars where necessary) will be shared with our tree planting partner Carbonica Ltd.
  • you agree that Carbonica Ltd will provide you a certificate of the planting of one tree (via email) and will keep you updated as to Carbonica's activities via an electronic newsletter. You will be able to opt-out of future communications from Carbonica Ltd at any time
  • It is prohibited to resell your pdf certificate. The certificate is issued to you and for the sole purpose of rewarding you for joining cooltribe and for fully completing your cooltribe profile.
  • There is a maximum of one free tree planting per individual member
  • Cooltribe does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of the tree planting initiative and from any further relationship you may have with Carbonica Ltd.

Confidentiality

It is up to you to maintain the confidentiality of your password, reference details and account information, and you agree to notify Cooltribe immediately if you become aware of any unauthorised use of your account or other breach of security. Cooltribe is not responsible for any loss or damage arising from failure to comply with these provisions.

User conduct and behaviour

This section covers all that is expected of you in order to use the Cooltribe Service either as a registered Member or an unregistered User. The first section lists our requirements for use; the second part details all prohibited behaviors.

At all times, you must use the Cooltribe Service in a manner consistent with any and all applicable laws and regulations, including International Users, who must agree to comply with local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence.

You understand that except for advertising programs offered by us on the Website, the Service and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

The legal requirements are outlined below:

You understand and agree that:

  • You will adhere by all sections of Cooltribe's Terms and Conditions;
  • The Service and the Website are available for the personal, non-commercial use of individual Members and Users only;
  • You are solely responsible for any and all data, text, information, screen names, links, graphics, photos, profiles, audio and video clips, and links (collectively, "Content") that you post via the Service, and you will ensure that you either own or have the right to use any Content that you post;
  • As part of the Service, Cooltribe may contact you for various reasons, such as account creation confirmations, service announcements, administrative messages, and any opt-in communications (you will be able to opt out of most communications, but some are universal and mandatory, if limited). We will try to keep notes to a minimum, but if you would rather not receive ANY messages from us, you will need to cancel your account altogether;
  • Cooltribe may make private or delete any Content in your profile for any reason (for example, if it is deemed obscene or a possible copyright violation) and reserves the right to alter your content to comply with these Terms and Conditions (In this event, we will do our best to notify you and explain our actions, but we are not obligated to do so.);
  • Cooltribe can terminate your account at any time for any reason (for example, if you violate any of these Terms and Conditions). Prohibited Behavior Outlined: You agree not to use the Service or the Website to:
  • Post or otherwise make available any Content that can be interpreted as abuse, or any content which maligns, intimidates, impersonates, harasses, slanders or libels any Cooltribe User, Cooltribe employee, or the Cooltribe Service itself;
  • Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," "spam," "pyramid schemes," contests, sweepstakes or any other commercial solicitation, or collect usernames and/or email addresses of Members for such purposes;
  • use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
  • Register for more than one account, register for an account on behalf of an individual, group or entity other than yourself unless you are doing so as a fan or supporter of the entity and not as an authorized representative, or falsely state or otherwise misrepresent yourself or your affiliation with any individual, group or entity;
  • Post or otherwise make available any Content that we deem to be patently offensive to the Cooltribe community, including content that is unlawful, obscene, fraudulent, invasive of privacy or publicity rights, racially or ethnically hateful, pornographic or sexually explicit, that promotes any act of cruelty to a living being, or that is otherwise objectionable;
  • Pursue any illegal or unauthorized purpose, promote or make solicitations for any illegal or unauthorized activity, or violate any local, national or international laws;
  • Post or otherwise make available any Content belonging to third parties without proper authorization from the owner(s) of that Content and compliance with proprietary and intellectual property laws, such as trademark and copyright laws;
  • Post or otherwise make publicly available the private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • use automated scripts to collect information from or otherwise interact with the Service or the Website;
  • Transmit worms, viruses, or any other code of a disruptive or deceptive nature;
  • Post any Content or engage in any activity that interferes with or disrupts the operation of the Cooltribe Service or any servers or networks connected to the Service;
  • Use or attempt to use another's account or Service without authorisation from Cooltribe, or create a false identity on the Service or the Website;
  • Solicit personal information from anyone under eighteen years of age or solicit passwords or identities for any commercial or unlawful purposes;
  • Post or otherwise make available any content that, in the sole judgment of Cooltribe, is objectionable, in violation of these Terms and Conditions, inhibits any other person from using or enjoying the Website or the Service, or exposes Cooltribe and its Users to harm or liability of any kind.
  • Intimidate or harass another

User Content posted on the Cooltribe Website

As a Cooltribe Member, you are able to post User Content on and through the Service and the Website. Cooltribe does not claim ownership of such Content. (Note, though, that submissions for promotions run by other parties on this Website may have different terms, and those terms will determine ownership of submissions.)

The Content will be owned by you or, if you have permission to post User Content belonging to third parties, by those third parties. However, you grant Cooltribe, to the fullest extent permissible by law, a worldwide, continual, irrevocable, fully-paid, transferable, non-exclusive license (with the right to sublicense) to reproduce, display, modify, adapt and publish your User Content for any purpose on or in connection with the Website and its display, distribution and promotion. When you post User Content to the Website, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website.

Cooltribe may preserve, delete, or disclose User Content if required to do so by law or if it believes that such preservation, disclosure or deletion is necessary to comply with due legal process, to enforce these Terms and Conditions, to respond to third party claims of User Content violation or to protect the rights, property or safety of Cooltribe, its users and the public.

Cooltribe claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for any Content provided by third parties and members, and nothing in this Agreement is intended to waive or usurp such immunity. Cooltribe cannot guarantee the accuracy, integrity or quality of such User Content. Simply put, if you post Content on the Website or through the Service, you are responsible for it.

If you decide to leave the community, you hereby agree that your profile as a member will be removed from the database as well as your albums and videos. Your groups will be reassigned to the community administrator or another member of the groups. Comments, news items and pictures/videos related to news items will not be deleted but instead reassigned to an anonymous author.

Proprietary Rights

You acknowledge and agree that Cooltribe owns and retains proprietary rights in the Website and the Service to certain copyrighted material, trademarks, and other proprietary information. Except for information in the public domain or for which you have been granted specific permission, or your own User Content, you may not copy, distribute, frame, reproduce, republish, download, display, post, transmit or sell in any form or by any means any such proprietary information or material. You acknowledge and agree that to do so would constitute a copyright infringement or otherwise result in a violation of intellectual property rights and applicable laws.

Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any part of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms and Conditions of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Third Party Websites and Content

The Website contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, music, videos, information and other content or items belonging to or originating from third parties. Such Third Party Sites and Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, made available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Inclusion of, linking to or permitting the use or installation of any Third Party Site or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern these Sites.

Trademarks

COOLTRIBE and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks in Europe and/or other countries. The Company's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading or posting on the Cooltribe Website anything that infringes another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act.

If you believe that any material on the Website infringes upon any copyright that you own or control, please submit a written complaint to the relevant Copyright body.To meet the notice requirements of the Digital Millennium Copyright Act (DMCA), the notification must be in written form and include the following, as outlined in DMCA Section 512(c)(3):

  • physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

The Company's policy in accordance with the DMCA will be to terminate in appropriate circumstances and at Company's sole discretion, Members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Website and/or terminate the membership of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties

Cooltribe is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. Although we provide rules and regulations for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Cooltribe 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, user or Member communications. Cooltribe 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users, Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service. Under no circumstances will Cooltribe be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, 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 on an "AS-IS" and "AS AVAILABLE" basis, and Cooltribe expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cooltribe cannot guarantee and does not promise any specific results from use of the Website or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users from Cooltribe or through or from the service shall create any warranty not expressly stated herein.

The company cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The Company does not represent or warrant that software, content or materials on the Website or the Service are accurate, complete, reliable, current or error-free or that the Website or, Service its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognised software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or via the Service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your computer system or, mobile device, loss of data or other harm of any kind that may result.

The Company reserves the right to change any content, software and other items used or contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

You expressly understand and agree that in no event will the Company or its directors, employees or agents be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, loss of data or other intangible losses (even if the Company is advised or aware of the possibility of such damages), resulting from the use or, the inability to use the Service, or any of the Website content or other materials on, accessed through or downloaded from the Website, unauthorised access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.

Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the service during the term of membership, but in no case will the Company's liability to you exceed 1,000 euros. You acknowledge that if no fees are paid to Company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Company, regardless of the cause of action.

Certain countries and state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Jurisdiction and Venue

By visiting or using the Website and/or the Service, you agree that the laws of Gibraltar, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. If there is any dispute about or involving the Website or the Service, by using the Website, you agree that the dispute will be governed by the laws of Gibraltar, without regard to its conflict of law provisions.

With respect to any disputes or claims not subject to arbitration you agree not to commence or prosecute any action in connection therewith other than in Gibraltar, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Gibraltar.

Dispute Resolution

If at any point, you feel as though you have a dispute with Cooltribe, you agree to abide by our dispute resolution principles.

  • You agree to read our FAQ file to see if your question has been previously answered.
  • Alternatively, you agree to contact us, outlining the issue.
  • If, after two weeks, you haven't found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a member of the Gibraltese Arbitration Association, in Gibraltar at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us.
  • By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.

Arbitration

You and company agree that, except as may otherwise be provided in regard to specific services on the Website in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the Website and/or the service: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, or trademark, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through Cooltribe or the Website may be arbitrated.

To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) be instituted more than three (3) years after the cause of action arose.

Member Disputes

You are solely responsible for your interactions with other Cooltribe Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

If you feel at any time that another User's conduct or Content is in violation of these Terms and Conditions, you reserve the right and recourse to "flag" that Member's profile and all applicable Content so that we may investigate the matter fully and pursue any and all actions that we deem appropriate.

Privacy

Use of the Website and/or the Service is governed by our Privacy Policy.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Service or the Website or any for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialised status for a period of time determined by us to allow other users to post and view comments.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, Third-Party Applications, Software or Content you post or share on or through the Website (including through the Share Service), your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Website and/or the Service, superseding any prior agreements between you and Company relating to your use of the Website or the Service. The failure of Company to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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