Welcome to Coolspotters

Coolspotters.com (the "Coolspotters Website", or "Website") is owned and operated by Fanzter, Inc. (hereafter "Fanzter", "we", "our", or "us"). Fanzter provides media networking and content services for the sharing of product and entertainment-related information on the Internet, Radio, Television, and Mobile networks and devices (collectively, the “Services”). Fanzter also creates and distributes applications through 3rd party platforms like Facebook (included in the “Services”).

The Services are intended for entertainment purposes and contains information regarding product and service selections of celebrities (includes actors, musicians, athletes, politicians, writers, etc.) and other elements of popular culture (movies, music, television shows).

Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service and our Privacy Policy govern your access to and use of the Services, including any content, information, personal information, products or services therein. This is a legal agreement between you and Fanzter. If you have any questions regarding this Terms of Service, please do not hesitate to contact us at legal@fanzter.com. We would be more than happy to help answer any question in detail.

Your Acceptance

BY USING AND/OR VISITING THE SERVICES (INCLUDING ALL CONTENT AVAILABLE THROUGH THE COOLSPOTTERS.COM DOMAIN NAME), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF FANZTER'S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not user the Coolspotters Site or Services.

Modification of the Site or Terms of Service

• Fanzter reserves the right, in its sole discretion, at any time to modify, discontinue or terminate its Services, or modify these Terms of Service without notice.
• All modified terms and conditions will be effective after they are posted on the Services (unless a longer notice period is required by applicable law).
• If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your related account.
• By continuing to access or use the Services after Fanzter makes any such revision, you agree to be bound by the revised Terms of Service.

Content

• Certain types of content are made available through the Services.
• “Content” as used in these Terms of Service means, collectively, the text, data, graphics, images, video files, made available through the Services, excluding User Submissions.
• “User Submissions” as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, video files, and other content and information which Users post, upload or otherwise submit to the Services, including without limitation, in discussion groups, message boards, reviews, ratings, and User created profile pages, whether for themselves, a celebrity, a product, a brand, etc.
• User understands and agrees that, given the very large mount of Content added, deleted, altered, and edited on the Services on a frequent basis, Fanzter does not and cannot screen anything made available to its users and/or Members.
• Fanzter reserves the right, but not the obligation, to remove and permanently delete any Content or User Submissions from the Services without notice.
• You further acknowledge and agree that no Content on any of the Services represent an express or implied endorsement of any kind by any celebrity, person, user, company, charity, school, store, or any other entity represented or featured on the Services.
• Associations or connections (“Spots”) on the Services are for entertainment purposes only.

Registration

• Certain portions and/or features of the Services require you to create an account and become a “Member”. TO BECOME A MEMBER YOU MUST BE AT LEAST 13 YEARS OF AGE. NOBODY UNDER THE AGE OF 13 IS PERMITTED TO USE THE SERVICES.
• Registration is limited to one per user.
• When you register, you will be asked to choose a user name and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party.
• You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Fanzter of any unauthorized use of your password.
• You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

Termination & Cancellation

• We may terminate or suspend your access to the Services and remove any material (including User Submissions) from the Services or our servers, in our sole discretion, at any time, for any reason without notice to you.
• Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate.
• We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any User Submissions.
• We may seek to gather information from a Member or user who is suspected of violating these Terms of Service (or from any other Member or user) and you agree to provide us with such information.
• We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User Submissions, emails, or other materials that are believed to violate these Terms of Service.
• You may terminate your account at any time and for any reason by either terminating your account directly on the Services or by sending an email to legal@fanzter.com.
• Any suspension, termination, or cancellation shall not affect your obligations to Fanzter under these Terms of Service (including, but not limited to, ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Third Party Links

• The Services and/or the Members of the Services may provide links to third party websites or resources from the Services.
• You acknowledge and agree that Fanzter is not responsible or liable for the availability or accuracy of, and Fanzter does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources.
• You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Intellectual Property Rights and Ownership

Content

• You may access and use the Services, and Content for your own personal non-commercial use.
• You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Content, User Submissions or related products and services.
• You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, distribute, publish, transmit, broadcast, sell, license, or otherwise exploit the Services, Content, User Submissions (other than your User Submissions).
• Fanzter and its licensors own all right, title, and interest, including all worldwide intellectual property rights in the Services, Content, and the trademarks, service marks, and logos contained therein other than your User Submissions.

User Submissions

License Grant

• Fanzter does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to the Services, you hereby grant Fanzter a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium, or technology now known or later developed, including without limitation on the Services, and any third party websites.
• You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Fanzter.
• Fanzter shall own all right, title, and interest in and to all derivative works and compilations of User Submissions that are created on the Services, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Fanzter to give to Fanzter the full benefit of the rights granted to Fanzter by you.

Limitations

• You acknowledge and agree that Fanzter may at its option, establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain on the Services, the maximum size of any files that may be stored on or uploaded to the Services, and the maximum disk space that will be allotted to you for the storage of User Submissions on Fanzter’s servers and the respective servers of the Services.
• Fanzter shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.

Disclaimer

• Fanzter has no ability to control the User Submissions that are uploaded, posted, or otherwise transmitted using the Services and does not have any obligation to monitor such User Submissions for any purpose.
• Fanzter does not endorse any User Submission or any opinion, recommendation, rating, advice, or product association expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fanzter with respect thereto.

Appropriateness of Content

• User agrees that all content uploaded, posted, or otherwise transmitted on the Services will be focused on the products and services used and/or owned by celebrities and/or other users, including, but not limited to, associated reviews, opinions, ratings, and data.
• User understands and agrees that the Services do not endorse or encourage gossip, rumors or other speculative personal information regarding celebrities.

Restrictions

You agree you will not do any of the following while using or accessing the Services:

• Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use of copying of any Content.
• Upload, email, otherwise transmit:
  • Any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission);
  • Any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission in necessary; or
  • Any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
• Upload, email, or otherwise transmit any User Submission which you know to be, or have reason to believe, is incorrect regarding the association between a celebrity, a product, a brand, entertainment content or a service supposedly used or owned by that celebrity (or any other association);
• Use meta tags or other hidden text or metadata utilizing a Fanzter and/or Coolspotters name, trademark, URL, or product name;
• Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes”, or any other form of solicitation;
• Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Upload, email, or otherwise transmit, via the Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Fanzter.
• Upload, email, or otherwise transmit any User Submissions that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Upload, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio, or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
• Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Services, servers, or networks connected to the Services, or the technical delivery systems of Fanzter’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• Attempt to probe, scan, or test the vulnerability of any Fanzter system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Attempt to access, search, or meta-search the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Fanzter or other generally available third party web browsers (such as Safari, Mozilla Firefox, Opera, or Microsoft Internet Explorer), including without limitation any software that sends queries to the Services to determine how a website or web page ranks;
• Collect or store personal data about other users without their express permission;
• Impersonate or misrepresent your affiliation with any person, entity, product or brand, through pretexting or some other form of social engineering, or otherwise commit fraud;
• Violate any applicable law, regulation, or ordinance; or
• Use the Services in any manner not permitted by this Agreement.

Copyright Materials: No Unauthorized Use

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Fanzter has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members of the Services who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please provide Fanzter Inc.’s Copyright Agent listed below with the following information required under 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description and identification of the copyright work(s) claimed to have been infringed;
• 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 enough information to permit Fanzter to locate the material on the Services;
• Your address, telephone number and email address;
• A statement, made under penalty of perjury, that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement, made under penalty of perjury, that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Fanzter’s Copyright Agent for notice of claims of copyright infringement on or regarding any of the Services can be reached as follows:
  • Copyright Agent
    c/o Fanzter, Inc.
    75 Crown Street, 2nd Floor
    Box 348
    Collinsville, CT 06022
  • Upon receipt of notice as described above, Fanzter will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account.

Disclaimer of Warranties

• Your use of the Services, Content and User Submissions is at your sole discretion and risk. The Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
• FANZTER EXPRESSLY DISLCAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
• No advice or information, whether oral or written, obtained by you from Fanzter shall create any warranty not expressly stated in this Agreement.

Limitation of Liability

IN NO EVENT SHALL FANZTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FANZTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FANZTER’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold Fanzter, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

Other; General

• In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
• You may not assign this Agreement in any way without the prior written consent of Fanzter and any prohibited assignment will be null and void. Fanzter may assign these Terms of Service or any rights hereunder without your consent.
• The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, partner, or joint venturer of the other.
• This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Connecticut. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in Connecticut and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
• You agree that this Terms of Service and the rules, restrictions and policies contained herein, and Fanzter’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Fanzter.
• This Terms of Service together with the policies and rules of the Services you choose to access constitute the entire agreement between Fanzter and you with respect to the subject matter hereof.
• Any notice or other communication to be given hereunder will be in writing and given (a) by Fanzter via email (in each case to the address that you provide), (b) a posting on the Services, or (c) by you via email to legal@fanzter.com or to such other addresses as Fanzter may specify in writing.

Communication

We welcome your ongoing feedback and communication.

You agree, however, that (i) by submitting unsolicited ideas to Fanzter or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Fanzter or any the Services or any of Fanzter’s employees or representatives automatically become the property of Fanzter.

You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to Fanzter together with all intellectual property rights therein.

If you have any questions about these Terms of Service, please contact us at legal@fanzter.com or by sending a written request to:

Fanzter, Inc.
75 Crown Street, 2nd Floor
Box 348
Collinsville, CT 06022