Terms and Conditions:
The services offered by Coloci (“Coloci” or “we”) include the Coloci website at http://www.coloci.com/ as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the “Coloci Website”) and any other features, content, services or applications offered, from time to time, by Coloci.
Coloci may modify this Agreement from time to time and any such modification will be effective upon its posting by Coloci on the Coloci Website. You agree to be bound to any changes to this Agreement when you use the Coloci 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.
By registering as a Member, you authorize Coloci to collect and display information about you that is publicly displayed elsewhere on the Internet. You understand that if you wish Coloci to stop displaying such information, you may make your Contact page private or terminate your membership. You further understand that Coloci cannot control the activities of third parties who may cache copies of your Contact page while it is publicly displayed, and that your information may remain on display on such cached pages after you make your Contact page private or terminate your Membership.
Coloci will not be responsible, and disclaims all liability, for displaying information about you on the Service that is publicly available on the Internet.
- 1. You Must Be Eligible to use Our Services.
Use of and Membership in the Coloci Services is void where prohibited. By using the Coloci 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 13 years of age or older; and (d) your use of the Coloci Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we suspect that you are less than 13 years of age.
- 2. Term.
This Agreement will remain in full force and effect while you use the Coloci Services or are a User. You may terminate your membership at any time, for any reason, by visiting our Support site. Coloci may terminate your membership at any time, without warning.
- 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 Coloci 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. Commercial Use of Coloci.
The Coloci Services are for the personal use of Users only. Coloci Members may use the Coloci Services for one-to-one commercial communications with their existing customers. Coloci Members may also make general commercial announcements via postings on their Contact Page or any other area of the Services expressly authorized by Coloci. All other unsolicited advertising and commercial use is prohibited. Illegal and/or unauthorized use of the Coloci Services, 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 Coloci Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in violation of this provision may be removed from posted content without notice and may result in termination of Membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the Coloci Services.
- 5. Proprietary Rights in Content on Coloci website.
Coloci does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post to the Coloci Services. After posting your Content to the Coloci 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. By publishing or posting any Content on or through the Coloci Services, you hereby grant to Coloci a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content and your name, voice, and/or likeness as contained in such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Coloci Services.
Without this license, Coloci would be unable to provide the Coloci Services. The license you grant to Coloci is fully-paid and royalty-free, sub licensable and worldwide. This license will terminate at the time you remove your Content from the Coloci Services, but you understand that your Content may remain on Coloci pages cached by third parties, or archived on Coloci servers, after you remove it from the Service. The license does not grant Coloci the right to sell your Content, nor does the license grant Coloci the right to distribute your Content outside of the Coloci Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Coloci 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 Coloci Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party.
The Coloci Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world. Coloci own and retain all rights in the Coloci Content and the Coloci Services. Coloci hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Coloci Content solely for your personal use in connection with viewing the Coloci Website and using the Coloci Services.
- 6. Content Posted.
Please choose carefully the content you post on the Coloci Website and that you provide to other Users. You may not use Coloci Website or Coloci Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Coloci assumes no responsibility or liability for this material. If you become aware of misuse of the Coloci Services, please contact us in writing by visiting our Support site.
Coloci may delete any Content that in the sole judgment of Coloci violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. Coloci assume no responsibility for monitoring the Coloci Services for inappropriate Content or conduct. If, at any time, Coloci chooses, in its sole discretion, to monitor the Coloci Services, Coloci 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.
You are solely responsible for the Content that you post on or through any of the Coloci Services, and any material or information that you transmit to other Members and for your interactions with other Users. Coloci do not endorse and has no control over the Content. Content is not necessarily reviewed by Coloci prior to posting and does not necessarily reflect the opinions or policies of Coloci. Coloci make 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, or receive from, other Members.
- 7. Behave Yourself
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Coloci Services. Coloci reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Coloci Services at any time, for any or no reason, with or without prior notice, and without liability. Coloci further reserve the right to investigate and take appropriate legal action against anyone who, in Coloci’s sole discretion, violates this provision. Prohibited Content includes, but is not limited to; Content that in the sole discretion of Coloci:
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, threatening, or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is misleading or promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs to them, providing information to circumvent manufacture-installed copy-protect devices;
- involves the transmission of “junk mail,” “chain letters”, instant messaging, “spamming”;
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves unauthorized commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person’s consent;
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page (if any), or any Coloci page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to make calls or send messages;
- interfering with, disrupting, or creating an undue burden on the Coloci Services or the networks or services connected to the Coloci Services;
- attempting to impersonate another Member or person or to register for multiple accounts;
- copying the code for the widget or link of another Coloci Member and posting it anywhere without the Member’s prior approval;
- 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;
- selling or otherwise transferring your profile;
- using any information obtained from the Coloci Services in order to harass, abuse, or harm another person; or
- Using the Coloci Services in a manner inconsistent with any and all applicable laws and regulations.
- 8. Your Communications and Messages on Coloci.
The Coloci Services include certain services that may be available via your mobile phone such as placing or receiving calls, receiving text messages or interacting with Coloci-related WAP pages to reply to text messages (collectively, the “Mobile Services”). Regardless of whether we charge a fee for the Mobile Services, your mobile carrier’s normal messaging, calling, data and other rates and fees will still apply. Accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and certain Mobile Services may not work with certain carriers, plans or devices. You should check with your carrier to find out if the Mobile Services are available for you, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
You understand and agree that Coloci will make reasonable efforts to retain your messages on Coloci according to Coloci’s then-current retention policy. Coloci do not guarantee that it will retain your messages and assumes no liability for deletion of your messages. If you have questions about Coloci’s retention policy, please contact us via our Support site.
- 9. Availability and Quality of Service.
Coloci will try to provide the Coloci Services with minimum disruptions. However, Coloci cannot guarantee that the Coloci Services will always function as intended. In addition, Coloci may from time to time have to suspend or impair use of the Coloci Services in order to improve or repair them.
Coloci is entitled to refuse, change or terminate any number allocated to you at any time for any reason, including but not limited to: (i) if you don’t comply with this Agreement, (ii) if you don’t comply with any reasonable instructions given by Coloci and/or its partners in relation to the usage of such numbers, and/or (iii) if the number is withdrawn, terminated or changed by any of Coloci’s telecommunications partners for any reason.
10. Emergency Communications.
Under no circumstances should Coloci be used to make emergency calls to hospitals, law enforcement agencies, or any other type of emergency service of any kind. If someone else uses your Coloci account, you agree that it is your responsibility to inform that user that it is not possible to make emergency communications through Coloci.
11. Coloci Communications.
It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, through conspicuous posting of such notice on our website, as determined by Coloci in its sole discretion. By providing Coloci your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Coloci offers. Certain Users are also provided the option of receiving Coloci notifications on their phone through SMS messages.
12. User Disputes.
You are solely responsible for your interactions with other Users. Coloci.com reserves the right, but has no obligation, to monitor disputes between you and other Users. We are not responsible for the conduct, whether online or offline, of any User of the Coloci Services.
13. Third Party Websites.
The Service, including without limitation Content created and posted by Members, may contain links to other websites. We are 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 by Coloci. Inclusion of any linked website on the Coloci Services does not imply approval or endorsement of the linked website by Coloci. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this Coloci Website or through the Coloci Services, nor do we take any responsibility for the goods or services provided by our advertisers.
14. Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLOCI’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 COLOCI FOR THE COLOCI SERVICES DURING THE PREVIOUS YEAR OF MEMBERSHIP.