A. TERMS OF COOL CATS
1. Your use of the COOL-CATS website or mobile APP (the "website") and any COOL CATS products, channels, software and services, provided to you on or from or through the website by COOL CATS (collectively the "service") is subject to the terms of a legal agreement between you and COOL CATS. "COOL CATS" means North Tree GmbH.
2. The Terms apply to all users of our service, including users who are also contributors of content, on our service. "content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to our service.
B. ACCEPTING OUR TERMS
1. In order to use our service, you must firstly agree to the terms. You may not use our service if you do not accept the terms.
2. You can accept the terms by simply using our service. You understand and agree that COOL CATS will treat your use of our service as acceptance of the terms from that point onwards.
3. You may not use our service and may not accept the terms if (a) you are not of legal age to form a binding contract with COOL CATS, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using our service under the laws of the country in which you are resident or from which you access or use our service.
C. CHANGES TO THE TERMS
COOL CATS reserves the right to make changes the terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through our service. Therefore you must look at the terms regularly to check for such changes. If you do not agree to the changed terms you must stop using our service. Your continued use of our service after the date the changed terms are posted will constitute your acceptance of the changed terms.
D. YOUR COOL CATS ACCOUNT
1. In order to access features of the website or other elements of our service, you will have to create a COOL CATS account. When creating your account, you must provide accurate and complete information. It is important that you must keep your COOL CATS account password secure and confidential.
2. You must notify COOL CATS immediately of any breach of security or unauthorised use of your COOL CATS account that you become aware of.
3. You agree that you will be solely responsible (to COOL CATS, and to others) for all activity that occurs under your COOL CATS account.
E. GENERAL RESTRICTIONS ON USE
1. COOL CATS hereby grants you permission to access and use our service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part:
1.1 you agree not to distribute any part of or parts of the website or our service, including but not limited to any content, in any medium without COOL CATS's prior written authorisation, unless COOL CATS makes available the means for such distribution through functionality offered by our service;
1.2 you agree not to alter or modify any part of the website or any of our service;
1.3 you agree not to access content through any technology or means other than the video playback pages of the website itself, or such other means as COOL CATS may explicitly designate for this purpose;
1.4 you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of our service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of our service or the content accessible via our service;
1.5 you agree not to use our service for any of the following commercial uses unless you obtain COOL CATS's prior written approval:
1.5.1 the sale of access to our service
1.5.2 the sale of advertising, sponsorships or promotions placed on or within our service, or content;
1.5.3 the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing content delivered via our service unless other material not obtained from COOL CATS appears on the same page and is of sufficient value to be the basis for such sales
2. prohibited commercial uses shall not include (i) uploading an original video to COOL CATS, (ii) maintaining an original channel on the website in order to promote a business or artistic enterprise, (iii) showing COOL CATS videos on an ad-enabled blog or website, subject to those advertising restrictions set out in this agreement; and (iv) any use that is expressly authorised by COOL CATS in writing;
3. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses our service in a manner that sends more request messages to the COOL CATS servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
4. you agree not to collect or harvest any personal data of any user of the website or any service (and agree that this shall be deemed to include COOL CATS account names);
5. you agree not to use the website or our services (including the comments and email features in the website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
6. you agree not to solicit, for commercial purposes, any users of the website with respect to their content; and
7. you agree not to access content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of our service, and solely for streaming. "Streaming" means a contemporaneous digital transmission of the material by COOL CATS via the internet to a user operated internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
8. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of COOL CATS or the respective licensors of thes.
9. You agree that you will comply with all of the other provisions of the terms and all our guidelines at all times during your use of our service.
10. COOL CATS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. COOL CATS reserves the right to revoke these exceptions either generally or in specific cases.
11. COOL CATS is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of our service which COOL CATS provides may change from time to time without prior notice to you.
12. You you acknowledge and agree that COOL CATS may stop (permanently or temporarily) providing the service (or any features within the service) to you or to users generally at COOL CATS's sole discretion, without prior notice to you. You may stop using our service at any time. You do not need to specifically inform COOL CATS when you stop using our service.
13. You agree that you are solely responsible for (and that COOL CATS has no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences (including any loss or damage which COOL CATS may suffer) of any such breach.
F. COPYRIGHT POLICY
1. COOL CATS operates a clear copyright policy in relation to any content that is alleged to infringe the copyright of a third party.
2. As part of COOL CATS's copyright policy, COOL CATS will terminate user access to the /service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
1. As a COOL CATS account holder you may submit content. You understand that whether or not content is published, COOL CATS does not guarantee any confidentiality with respect to content.
2. You retain all of your ownership rights in your content, but you are required to grant limited licence rights to COOL CATS and other users of our service.
3. You understand and agree that you are solely responsible for your own content and the consequences of posting or publishing it. COOL CATS does not endorse any content or any opinion, recommendation, or advice expressed therein, and COOL CATS expressly disclaims any and all liability in connection with content.
4. You represent and warrant that you have (and will continue to have during your use of our service) all necessary licenses, rights, consents, and permissions which are required to enable COOL CATS to use your content for the purposes of the provision of the service by COOL CATS, and otherwise to use your content in the manner contemplated by our service and these terms.
5. You agree that your conduct on the site will comply with (and you agree that the content of all of your content shall comply with) all our guidelines.
6. You agree that you will not post or upload any content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for COOL CATS to use or possess in connection with the provision of our service.
7. You agree that content you submit to our service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant COOL CATS the neccessary licence as described below.
8. On becoming aware of any potential violation of these terms, COOL CATS reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these terms and may remove such content and/or terminate a user's access for uploading content which is in violation of these terms at any time, without prior notice and at its sole discretion.
9. You further understand and acknowledge that in using our service, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against COOL CATS with respect to any such content.
H. RIGHTS YOU LICENCE TO US
When you upload or post content to COOL CATS, you grant:
1. to COOL CATS, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the Service and otherwise in connection with the provision of the Service and COOL CATS's business, including without limitation for promoting and redistributing part or all of our service (and derivative works thereof) in any media formats and through any media channels;
2. to each user of our service, a worldwide, non-exclusive, royalty-free licence to access your content through our service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content to the extent permitted by the functionality of tour service and under these terms.
3. The above licenses granted by you in content terminate when you remove or delete your content from the website. The above licenses granted by you in textual comments you submit as content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
I. COOL CATS CONTENT
With the exception of content submitted to our service by you, all other content on our service is either owned by or licensed to COOL CATS, and is subject to copyright, trade mark rights, and other intellectual property rights of COOL CATS or COOL CATS's licensors. Any third party trade or service marks present on content not uploaded or posted by you are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of COOL CATS or, where applicable, COOL CATS's licensors. COOL CATS and its licensors reserve all rights not expressly granted in and to their content.
J. LINKS FROM COOL CATS
1. Our service may include hyperlinks to other web sites that are not owned or controlled by COOL CATS. COOL CATS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
2. You acknowledge and agree that COOL CATS is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that COOL CATS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
K. ENDING YOUR RELATIONSHIP WITH COOL CATS
The Terms will continue to apply until terminated by either you or COOL CATS as set out below. If you want to terminate your legal agreement with COOL CATS, you may do so by (a) notifying COOL CATS at any time and (b) closing your COOL CATS account. Your notice should be sent, in writing, to COOL CATS's address which is set out at the beginning of these Terms. COOL CATS may at any time terminate its legal agreement with you if:
1. you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
2. COOL CATS is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
3. COOL CATS may terminate its legal agreement with you if:
3.1 COOL CATS is transitioning to no longer providing the service to users in the country in which you are resident or from which you use the service; or
3.2 the provision of the Service to you by COOL CATS is, in COOL CATS's opinion, no longer commercially viable
and where possible, give reasonable notice of such termination.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and COOL CATS have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of tis agreement shall continue to apply to such rights, obligations and liabilities indefinitely as appliccable.
L. EXCLUSION OF WARRANTIES
1. Nothing in the terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
2. Our service is provided "as is" and COOL CATS makes no warranty or representation to you with respect to them.
3. In particular COOL CATS does not represent or warrant to you that:
3.1 your use of our service will meet your requirements,
3.2 your use of our service will be uninterrupted, timely, secure or free from error,
3.3 any information obtained by you as a result of your use of our service will be accurate or reliable, and
3.4 that defects in the operation or functionality of any software provided to you as part of our ervice will be corrected.
4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
M. LIMITATION OF LIABILITY
1. Nothing in these terms shall exclude or limit COOL CATS's liability for losses which may not be lawfully excluded or limited by applicable law.
2. Subject to the overall provision in paragraph above COOL CATS shall not be liable to you for:
2.1 any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
2.2 any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on our service;
ii. any changes which COOL CATS may make to our service, or for any permanent or temporary cessation in the provision of our service (or any features within our service);
iii. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of our service;
iv. your failure to provide COOL CATS with accurate account information;
v. your failure to keep your password or COOL CATS account details secure and confidential.
3. The limitations on COOL CATS's liability to you in the paragraph above shall apply whether or not COOL CATS has been advised of or should have been aware of the possibility of any such losses arising.
N. GENERAL LEGAL TERMS
1. The terms constitute the whole legal agreement between you and COOL CATS and govern your use of our service and completely replace any prior agreements between you and COOL CATS in relation to our service.
2. You agree that COOL CATS may provide you with notices, including those regarding changes to the terms, by email, regular mail, or postings on our service.
3. You agree that if COOL CATS does not exercise or enforce any legal right or remedy which is contained in the terms (or which COOL CATS has the benefit of under any applicable law), this will not be taken to be a formal waiver of COOL CATS's rights and that those rights or remedies will still be available to COOL CATS.
4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
5. The terms, and your relationship with COOL CATS under the terms, shall be governed by German law. You and COOL CATS agree to submit to the exclusive jurisdiction of the courts of Hamburg, Germany to resolve any legal matter arising from the terms. Notwithstanding this, you agree that COOL CATS shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.