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LEGAL
Terms of Use
Terms of Use
by Josh Rubin
on 08 April 2013

Updated 3 June 2013

Terms of Use

Dear Cool Hunting Reader,

We try our best to do the right, ethical and legal thing in bringing you this Website, and we hope you do the right thing back when you read our Website and share our content. All we ask is that you give us credit where appropriate and don’t edit our content. If we’ve made an error, please let us know. You can reach us at info@coolhunting.com or at +1 212 343 1331.
For the stuff our lawyer made us include, read on:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1.   GENERAL TERMS AND CONDITIONS.  The web Website located at http://www.CoolHunting.com (the “Website” or “CoolHunting.com”) is provided by Captain Lucas, Inc. (“Captain Lucas”), for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by Captain Lucas. By using this Website, you are deemed to have agreed to these Terms and Conditions. Captain Lucas may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on CoolHunting.com. By using this Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this Website.
2.              PRIVACY PROMISE.  Information about you is subject to our Privacy Promise. For more information, see our full privacy promise at http://www.coolhunting.com/legal/privacy-policy.php   ___
3. SECURITY. We implement commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4.              USER CONDUCT.  This Website and any communications service, including the capability to contribute links and other information (each such submission, a “Contribution”), or other interactive service that may be available to you on or through this Website (collectively, the “Services”) are provided to you solely for entertainment purposes.
a.              By using the Website and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, or if you violate any provision of the Terms and Conditions, Captain Lucas reserves the right to reject any of your Contributions and to terminate your right to use the Website and refuse any and all current or future use of the Services.
b.              Without limitation of the foregoing, you agree not to use the Website or Services to submit any Contribution regarding any products or multimedia files, or  make comments about them, that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of  religion, gender, sexual orientation, race, ethnicity, age, or disability.
c.              You also agree that you will not harvest, collect or store information about the users of this Website or the content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
d. You also agree that you will not publish or link to malicious content intended to disrupt another user’s browser or computer, or to compromise a user’s privacy. You also agree not to (i) access, tamper with, or use non-public areas of the Website or Captain Lucas’s computer systems; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) use the Website to overload Captain Lucas’s or another’s server; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Contribution in such a manner as to interfere with or create an undue burden on the Services.
e.              You acknowledge that Captain Lucas is not responsible for material submitted to Captain Lucas or posted to the Website by users. Captain Lucas does not pre-screen, monitor, review or edit the Contribution posted by users. However, Captain Lucas and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Captain Lucas’s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Captain Lucas is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Captain Lucas. You agree to immediately notify Captain Lucas of any unauthorized use of the Service or any other breach of security that you know or suspect.
5.              MODIFICATIONS TO SERVICE.  Captain Lucas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Captain Lucas shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6.              INTELLECTUAL PROPERTY RIGHTS.
a.              You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions (“Content”), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b.              Thus, all Content is the copyrighted property of Captain Lucas and its affiliates or licensors. As between Captain Lucas and you, Captain Lucas is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
c.              All individual articles, content and other elements comprising this Service are also copyrighted works.  In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service. By posting content, including any links, on the Website, a user is giving Captain Lucas the right to display such content on the Website and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
d.              Unless expressly permitted by Captain Lucas or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
e.              Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Websites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
f.               We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
7.              INDEMNIFICATION.  Upon a request by Captain Lucas, you agree to defend, indemnify and hold Captain Lucas, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Captain Lucas reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Captain Lucas in asserting any available defense.
8.              YOUR CONTRIBUTIONS.  You acknowledge and agree that Captain Lucas may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third parties; or (d) to protect the rights, property, or personal safety of Captain Lucas, its users or the public.
a.              You understand that the technical processing and transmission of the Website, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Captain Lucas assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other users to CoolHunting.com.
b.              Any or all Content on the Website may be purged periodically at Captain Lucas's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Captain Lucas or submitted to Captain Lucas. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Captain Lucas, and Captain Lucas does not support or endorse Content (including any Contribution, whether or not edited by Captain Lucas or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
9.              RESTRICTIONS ON USE OF MATERIAL.  The content on this Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to us at our address provided below. If we and all other entities with an interest in the relevant intellectual property grant such permission, you may not change or delete any author attribution, trademark, legend or copyright notice.  You must abide by all additional copyright notices or other restrictions contained on the Website.
10.              UNSOLICITED MATERIALS.  In operating this Website, Captain Lucas does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Captain Lucas mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Captain Lucas, will be deemed not to be confidential or secret. By submitting or sending information or other material to Captain Lucas you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above (“User Conduct”). 
11.           USER'S GRANT OF LIMITED LICENSE.  Captain Lucas does not claim ownership of Content you submit or make available for inclusion on the Service. However, by communicating with Captain Lucas, including submitting or sending Content, a Contribution, correspondence or other information or material to us through CoolHunting.com or by other means, you grant Captain Lucas the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Captain Lucas feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Captain Lucas. You also warrant that any “moral rights” in posted materials have been waived.
12.           LINKED WEBSITES.  You may be able to link to third parties' Websites (“Linked Websites”) from the Captain Lucas Website. Linked Websites are not, however, reviewed, controlled, or examined by Captain Lucas in any way and Captain Lucas is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. These links do not imply Captain Lucas's endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Websites and any content contained thereon. In no event shall Captain Lucas be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Websites or the information or material accessed-through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Captain Lucas reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or to introduce different features or links to different users.
a.              SPECIAL NOTICE: THE LINKED WEBSITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED WEBSITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED WEBSITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED WEBSITES.
b.              Permission must be granted by us for any type of link to CoolHunting.com. To seek our permission, you may write to Captain Lucas. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.
13.           DEALINGS WITH ADVERTISERS.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Captain Lucas shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14.           PARENTAL PERMISSION.  This Website is not intended for use by children under thirteen (13) years of age, and Captain Lucas does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Captain Lucas may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Captain Lucas may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
15. NOTICES. CoolHunting.com may provide notifications, whether such notifications are required by law or for marketing or other business related purposes, to its users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website, as determined by Captain Lucas in our sole discretion. Captain Lucas reserves the right to determine the form and means of providing notifications to the you, provided that you may opt out of certain means of notification as described in these Terms and Conditions.
16.           DISCLAIMER OF WARRANTIES.  
a.              THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, CAPTAIN LUCAS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY  DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i)  ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF  THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF  TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE.
b.              THIS DISCLAIMER OF LIABILITYAPPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING  WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION  OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR  TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR  DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF  RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION  OR UNDER ANY OTHER CAUSE OF ACTION.
c.              CAPTAIN LUCAS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d.              CAPTAIN LUCAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE.  YOU (RATHER THAN CAPTAIN LUCAS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e.              APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17.           LIMITATION OF LIABILITY. 
a.              IN NO EVENT WILL CAPTAIN LUCAS, ITS SPONSORS, ADVERTISERS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES  ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR  INABILITY TO USE THE WEBSITE, EVEN IF CAPTAIN LUCAS OR ITS AGENTS  SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND  REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR  OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE.
b.              BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CAPTAIN LUCAS'S LIABILITY SHALL BE  LIMITED TO THE EXTENT PERMITTED BY LAW.
18.           COPYRIGHTS AND COPYRIGHT AGENT.  We respect the intellectual property rights of others, and require that the people who use the CoolHunting.com Website do the same.
a.              If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
                               (i)    Your name, address, telephone number, and e-mail address;
                             (ii)    A description of the copyrighted work that you claim has been infringed;
                            (iii)    A description of where the alleged infringing material is located;
                            (iv)    A 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;
                             (v)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
                            (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 are authorized to act on the copyright owner's behalf.
b.              Please do not send us any notice pursuant to this section by regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (212) 343-1331 to confirm that we received your original complaint.  As you may know, spam blockers sometimes reject important emails from unknown parties.
c.              We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, or, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
d.              Please note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our Website infringes your copyright.
e.              Copyright Agent (to be contacted only for copyright matters; for all other inquiries, please contact us here):
Mark Kaufman
The Law Offices of Mark S. Kaufman
360 Lexington Avenue, Suite 1600
New York, NY  10017
Tel.:  (212) 293-5556
Fax:  (212) 682-6425
mk@mkaufmanlaw.com
19.           APPLICABLE LAWS / JURISDICTION. 
a.              Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b.              Notwithstanding local rules or laws regarding your use of the Website, you agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Captain Lucas or relating in any way to your use of the Website shall be in the federal or state courts located in New York County, New York, and you further agree and expressly  consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Captain Lucas or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.  
c.              We operate the Website from our offices in New York, New York. We do not represent that materials on the Website are appropriate or available for use outside of New York, New York.  Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20.           INQUIRIES.  Any inquiries concerning these terms and conditions of use should be directed to us through our contact form.
21.           PROVISIONS UNENFORCEABLE OR INVALID.  If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
22.           THIRD PARTY BENEFICIARIES.  Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. 
23.           HEADINGS.  The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect.
24.           ASSIGNMENT.  You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Captain Lucas may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
25. WAIVER. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Captain Lucas’s failure to assert any right or provision of these Terms and Conditions shall not constitute a waiver of such right.
26. ENTIRE AGREEMENT. These Terms and Conditions, together with any amendments and other legal terms referenced herein, shall constitute the entire agreement between Captain Lucas and users of CoolHunting.com.
If you have any questions about this policy or our Website in general, please contact us.

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