Terms of Use

CoolerHotter.com Terms of Use

Last Revised June 1, 2008

CoolerHotter.com is a Website owned and operated by Cooler Hotter, LLC that allows Users to submit videos, to create profiles, to view videos and profiles of other users, to rate videos and view the cumulative ratings for videos, and to interact with other users.

The Services offered by Cooler Hotter, LLC (“CoolerHotter.com” or “we”) include the CoolerHotter.com website, messaging service, and all features, content, and/or applications offered from time to time by CoolerHotter.com in connection with the CoolerHotter.com website (collectively, the “CoolerHotter.com Services”).

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the CoolerHotter.com Services. By using the Cooler Hotter.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CoolerHotter.com Website) or you are a "Member" (which means that you have registered with CoolerHotter.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the CoolerHotter.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the CoolerHotter.com Website and discontinue use of the CoolerHotter.com Services immediately. If you wish to become a Member, communicate with other Members and make use of the CoolerHotter.com Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Cooler Hotter, LLC’s policy for acceptable use of the CoolerHotter.com Services and Content posted on the CoolerHotter.com Website and your rights, obligations and restrictions regarding your use of the CoolerHotter.com Services. In order to participate in certain CoolerHotter.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the CoolerHotter.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: Privacy@CoolerHotter.com, Subject: Terms of Use Agreement.

Cooler Hotter, LLC may modify this Agreement from time to time and such modification shall be effective upon posting by Cooler Hotter, LLC on the CoolerHotter.com Website. You agree to be bound to any changes to this Agreement when you use the CoolerHotter.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the Video, Personal Profile, Messaging, and other content (collectively in the rest of this Section, “Content”) you submit on the CoolerHotter.com Website. If you become aware of misuse of the CoolerHotter.com Services by any person, please contact us via e-mail at BadContent@CoolerHotter.com.

Cooler Hotter, LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any Content or to restrict, suspend, or terminate your access to all or any part of the CoolerHotter.com Services at any time, for any or no reason, with or without prior notice, and without liability. Cooler Hotter, LLC expressly reserves the right to terminate your Membership and/or restrict, suspend, or terminate your access to any part of CoolerHotter.com Services if Cooler Hotter, LLC determines, in its sole discretion, that you pose a threat to Cooler Hotter, LLC and/or its Users.

1. Eligibility. Use of and Membership in the CoolerHotter.com Services is void where prohibited. By using the CoolerHotter.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the CoolerHotter.com Services does not violate any applicable law or regulation. Please do not use CoolerHotter.com if you are under 14 years of age. Your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the CoolerHotter.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Update Profile page. Cooler Hotter, LLC may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect in its entirety.

3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Cooler Hotter, LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members. The CoolerHotter.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically conducted, endorsed or approved by Cooler Hotter, LLC. Illegal and/or unauthorized use of the CoolerHotter.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited electronic communications of any and all variety(ies) or unauthorized framing of or linking to the CoolerHotter.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from discussion boards without notice and may result in termination of Membership privileges. Appropriate civil and/or criminal legal action will be taken for any illegal or unauthorized use of the CoolerHotter.com Services. Should legal action become necessary, you agree to pay all attorneys’ fees charged to Cooler Hotter, LLC related to such legal action as a result of such illegal or unauthorized use.

5. Proprietary Rights in Content on Cooler Hotter, LLC.
a. Cooler Hotter, LLC does not claim any ownership rights in the Video, Personal Profile, Messaging Content (in this Clause, collectively known as “Content”) that you post to the CoolerHotter.com Services. After posting your Content to the CoolerHotter.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. In such cases where Content becomes Product Content, the provisions of Section 5 shall apply. By displaying or publishing ("posting") any Content on or through the CoolerHotter.com Services, you hereby grant to Cooler Hotter, LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the CoolerHotter.com Services. By displaying or publishing ("posting") any Content on or through the CoolerHotter.com Services, you also hereby grant to Cooler Hotter, LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content for publicity or marketing purposes on other web sites, in printed materials, and elsewhere. The license you grant to Cooler Hotter, LLC is exclusive (meaning you are not free to license your Content to anyone else in addition to Cooler Hotter, LLC), fully-paid and royalty-free (meaning that Cooler Hotter, LLC is not required to pay you for the use on the CoolerHotter.com Services or for marketing and publicity purposes of the Content that you post), sublicensable (so that CoolerHotter.com is able to use its affiliates and subcontractors such as Internet content delivery networks and product vendors to provide the CoolerHotter.com Services), and worldwide (because the Internet and the CoolerHotter.com Services are global in reach). This license will terminate at the time you remove your Content from the CoolerHotter.com Services.
b. You represent and warrant that: (i) you own the Content posted by you on or through the CoolerHotter.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the CoolerHotter.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, group, or entity. You agree to pay for all royalties, fees, damages, fines, and any other monies owing any person by reason of any Content posted by you to or through the CoolerHotter.com Services.
c. The CoolerHotter.com Services contain Content of CoolerHotter.com ("CoolerHotter.com Content"). CoolerHotter.com Content is protected by copyright, trademark, patent, trade secret and other laws, and CoolerHotter.com owns and retains all rights in the CoolerHotter.com Content and the CoolerHotter.com Services. CoolerHotter.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the CoolerHotter.com Content (excluding any software code) solely for your personal use in connection with viewing the CoolerHotter.com Website and using the CoolerHotter.com Services.
d. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, or display any Content appearing on or through the CoolerHotter.com Services.

7. Content Posted.
a. Cooler Hotter, LLC may delete any Video, Personal Profile, or Messaging Content (known collectively for the rest of this Agreement as “Content”) that in the sole judgment of Cooler Hotter, LLC violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Cooler Hotter, LLC assumes no responsibility for monitoring the CoolerHotter.com Services for inappropriate Content or conduct. If at any time Cooler Hotter, LLC chooses, in its sole discretion, to monitor the CoolerHotter.com Services, Cooler Hotter, LLC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b. You are solely responsible for the Content that you post on or through any of the CoolerHotter.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. Cooler Hotter, LLC does not endorse and has no control over the Content. Content is not necessarily reviewed by Cooler Hotter, LLC prior to posting and does not necessarily reflect the opinions or policies of Cooler Hotter, LLC. Cooler Hotter, LLC makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the CoolerHotter.com Services. Cooler Hotter, LLC reserves the right to investigate and take appropriate civil and/or criminal legal action against anyone who, in Cooler Hotter, LLC’s sole discretion, violates this provision, including without limitation, removing the offending communication from the CoolerHotter.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Cooler Hotter, LLC:
a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person or group;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information from anyone under 18;
f. provides any telephone numbers, street addresses, or last names;
g. provides any e-mail addresses or URLs of Users who have not expressly authorized such provision;

h. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
i. 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;
j. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
k. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
l. furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m. solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
n. involves commercial activities and/or sales not conducted, endorsed, or approved by Cooler Hotter, LLC;
o. includes a photograph of another person that you have posted without that person's consent;

You agree to pay any and all Attorneys’ fees charged to Cooler Hotter, LLC as a result of such legal action.

The following is a partial list of the kind of activity that is illegal or prohibited on the CoolerHotter.com Website and through your use of the CoolerHotter.com Services. Cooler Hotter, LLC reserves the right to investigate and take appropriate civil and/or criminal legal action against anyone who, in Cooler Hotter, LLC ‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trademark infringement; patent infringement, or theft or other unauthorized distribution of trade secrets;
b. advertising to, or solicitation of, any Member to buy or sell any products or services through the CoolerHotter.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the CoolerHotter.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send any unsolicited communications of any kind using information gained from the CoolerHotter.com Services, you acknowledge that you will have caused substantial harm to Cooler Hotter, LLC but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Cooler Hotter, LLC $35 for each such piece of unsolicited communication you send using information gained from the CoolerHotter.com Services;
c. any automated use of the system, such as using scripts to send comments or messages;
d. interfering with, disrupting, or creating an undue burden on the CoolerHotter.com Services or the networks connected to the CoolerHotter.com Services;
e. attempting to impersonate another Member or person;
f. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
g. using any information obtained from the CoolerHotter.com Services in order to harass, abuse, or harm another person;
h. using the CoolerHotter.com Services in a manner inconsistent with any and all applicable laws and regulations.

9. Copyright Policy. You may not post, modify, submit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CoolerHotter.com to terminate Membership privileges of any Member who ever infringes the copyright rights of others upon receipt of proper notification to CoolerHotter.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 CoolerHotter.com Website in a way that constitutes copyright or trademark infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the CoolerHotter.com Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. CoolerHotter.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cooler Hotter LLC, 60 Pine Grove Ave, Asheville, NC 28801 or email: Copyright@CoolerHotter.com.

10. Member Disputes. You are solely responsible for any and all interactions with other CoolerHotter.com Members, both within and outside the CoolerHotter.com Website, both online (using contact information posted or not posted on the CoolerHotter.com Services for Messages and any and all electronic communications portals such as electronic mail, telephone, facsimile, other Websites, and/or instant messaging CoolerHotter.com Services not operated by Cooler Hotter, LLC) and offline (in person). Cooler Hotter, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree to indemnify Cooler Hotter, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any and all civil and/or criminal claims, liabilities, claims, or demands brought on by you, another CoolerHotter.com User or group of Users, or third party(ies) as a result of such interaction, and agree to pay any and all Attorneys’ Fees charged to Cooler Hotter, LLC as a result of such action.

11. Privacy Policy. Use of the CoolerHotter.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. Cooler Hotter, LLC is not responsible for any incorrect or inaccurate Content posted on the CoolerHotter.com Website or in connection with the CoolerHotter.com Services, whether caused by Users of the CoolerHotter.com Services or by any of the equipment or programming associated with or utilized in the CoolerHotter.com Services. Profiles created and posted by Members on the CoolerHotter.com Website may contain links to other websites. Cooler Hotter, LLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Cooler Hotter, LLC. Inclusion of any linked website on the CoolerHotter.com Services does not imply approval or endorsement of the linked website by Cooler Hotter, LLC. When you access these third-party sites, you do so at your own risk. Cooler Hotter, LLC takes no responsibility for third party advertisements which are posted on the CoolerHotter.com Website or through the CoolerHotter.com Services, nor does it take any responsibility for the goods or CoolerHotter.com Services provided by its advertisers. Cooler Hotter, LLC is not responsible for the conduct, whether online or offline, of any User of the CoolerHotter.com Services. Cooler Hotter, LLC 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. Cooler Hotter, LLC 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 on any of the CoolerHotter.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CoolerHotter.com Services. Under no circumstances shall Cooler Hotter, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the CoolerHotter.com Services, attendance at a CoolerHotter.com event, from any Content posted on or through the CoolerHotter.com Services, or from the conduct of any Users of the CoolerHotter.com Services, whether online or offline. The CoolerHotter.com Services are provided "AS-IS" and as available and Cooler Hotter, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cooler Hotter, LLC cannot guarantee and does not promise any specific results from use of the CoolerHotter.com Services.

13. Limitation on Liability. IN NO EVENT SHALL COOLER HOTTER, LLC 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 COOLERHOTTER.COM SERVICES, EVEN IF COOLER HOTTER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COOLER HOTTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $0 (ZERO DOLLARS).

14. Disputes. If there is any dispute about or involving the CoolerHotter.com Website or CoolerHotter.com Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, City of Asheville. Either Cooler Hotter, LLC or you may demand that any dispute between Cooler Hotter, LLC and you about or involving the CoolerHotter.com Services or CoolerHotter.com must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Asheville, NC, USA, provided that the foregoing shall not prevent Cooler Hotter, LLC from seeking injunctive relief in a court of competent jurisdiction. You agree to pay any and all attorneys’ fees charged to Cooler Hotter, LLC related to said dispute.

15. Indemnity. You agree to indemnify and hold Cooler Hotter, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party or other CoolerHotter.com User due to or arising out of your use of the CoolerHotter.Com Services in violation of this Agreement and/or any local, state, provincial, national or international civil and/or criminal laws and/or policies of any nation, state, province, territory or group thereof and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

16. Other. This Agreement is accepted upon your use of the CoolerHotter.com Website or any of the CoolerHotter.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Cooler Hotter, LLC regarding the use of the CoolerHotter.com Website and CoolerHotter.com Services. The failure of Cooler Hotter, LLC 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. Cooler Hotter and CoolerHotter.com are trademarks of Cooler Hotter, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.