We're glad you've chosen to join our ConniKate SM Service, where you can talk with a group of your friends, all at once.

Just like other services you use, we have certain rules for how we do business, and how all the members of the ConniKate community should act. It looks like a lot of fine print ?and it is ?but it's all about protecting both of us. We want you to feel great about connecting with your friends, so the following terms and conditions govern your use of any ConniKate Service.

This Is an Agreement between You and Us

We are Cocamola Inc., the owners and operators of the ConniKate Service. And whenever we mention our,?or any similar term, we are talking about ourselves. You are, well, you ?anyone who decides to use any of the ConniKate Services. So please read these carefully ?this is a legal agreement between you and us.

You Agree to these Terms of Service to Use Any ConniKate Services

By registering or using any of the ConniKate Services, you agree to be bound by and comply with these terms and conditions (the "Terms of Service"). You also agree to the ConniKate Privacy Policy which is incorporated in and subject to these Terms of Service. We make sure of this when you sign up ?you can't create a ConniKate account unless you agree. And every time you use any ConniKate Service, you are agreeing to the then-current Terms of Service. Of course, if you don't agree with these Terms of Service, you can stop using the ConniKate Service. But we sure hope that doesn't happen!

ConniKate Services

We provide you with a lot ?a web site at www.ConniKate.com, a phone conferencing service, and some community services ?and we call these the ConniKate Services. All of the things we've done to make this a great place to join ?features, software, tools, sounds, and content in the ConniKate Arcade?area, plus anything else we come up with that provides you with something to do while you are online at ConniKate.com or on the phone using the ConniKate service, that are also part of the ConniKate Services. We are talking about all of these in these Terms of Service.

We May Change These Terms of Service

Like you change your screen name or your mobile phone, sometimes we have to change these Terms of Service. We don't want to do it often, but we can when we need to without notice to you. Any changes we make are effective immediately when we post them on this site. When you use any ConniKate Service, you are agreeing to the posted Terms of Service. If we make any BIG changes (our lawyers call it a "material change"), we will use reasonable efforts to provide you with at least 30 days notice before they are put into effect. And if you don't agree with our changes, you can stop using the ConniKate Service. But at least let us know before you do! You can always contact us.

Requirements to Register, Use, or Continue Using ConniKate Services

We have created ConniKate for everyone over the age of 13 to use. Since we don't know you personally, and we probably won't get a chance to meet you, we have to trust you. By registering, using, or continuing to use any ConniKate Services, you are promising us that you are legally able to enter into a contract like these Terms of Service. We require some information about you when you register ?things like your name, your e-mail address, your IM screen name, your zip code, your gender, and your date of birth. We call this your Profile Information. You agree that all your Profile Information is true and accurate, and that you will keep it current and up-to-date. You also agree that you won't use anyone else's information when you use any ConniKate Service.

Your Profile Information

Your privacy is important to you and to us. The ConniKate Privacy Policy tells you how we collect, use, and store your Profile Information. You agree to ConniKate and its affiliates collecting, using, and storing your Personal Information ?that is, your Profile Information and any other information we collect about you and your use of the ConniKate Services under these Terms of Service and the ConniKate Privacy Policy.

We will use reasonable care to protect your privacy. Sometimes we need to move your Personal Information around so we can validate your account or connect you with your friends. In order to do this, we may transfer your Personal Information to any of our locations, and we may transfer it to any of our affiliates or vendors who have agreed to protect your Personal Information as well as we do. Sometimes we may also use your Personal Information to improve the ConniKate Services or to help you take advantage of more ConniKate Services.

You Agree that ConniKate Can Contact You Electronically as You Have Directed in Your Profile

When you set up your account and profile, you must tell us how we can contact you ?by email, by text message, or by instant message ?and you agree that we may contact you this way when we need to tell you something. We are an online business, and we will communicate with you electronically. WHEN YOU REGISTER, USE, OR CONTINUE TO USE THE CONNIKATE SERVICE, YOU AGREE THAT YOU WILL RECEIVE ANY NOTICES, AGREEMENTS, REPORTS, INFORMATION, DOCUMENTS, COMMUNICATIONS, DISCLOSURES, OR ANY OTHER INFORMATION OR RECORDS ("NOTICES") ELECTRONICALLY, AND YOU CONSENT TO THEIR DELIVERY. You agree that we can send you Notices by email at the address you gave us during registration or updated later by any mechanism whatsoever; by posting Notices on a home, splash, or welcoming page, pop-up, interstitial or banner window; by posting on the ConniKate Service, or by text message. The delivery of any Notice from us is effective when we send it, regardless of when or whether you read the Notice or actually receive delivery of the Notice. The only way you can withdraw your consent to receiving Notices is to terminate your use of the ConniKate Services.

You Have Responsibilities, Too.

We aren't the only ones who have responsibilities. You have some, too. You agree that only you will use your ConniKate account, so you agree not to share your Profile Information with anyone else. And if someone else gets your Profile Information, you agree to indemnify and hold harmless Cocamola Inc., and any of its affiliates, for any losses we or anyone else incurs as a result of your failure to follow these Terms of Service. You are also responsible for all of your activities relating to any ConniKate Service, including anything you say, or any materials you post or make available on, any ConniKate Services while you are using any ConniKate Services. Remember ?this should be fun for everyone!

You are also responsible for your own charges for using any ConniKate Services. The ConniKate Services are free to use, but in order to use them, you'll need a telephone, and you'll probably want a computer with Internet access. You are responsible for any telephone or communications charges you incur, or any computer hardware or software you require, or any other charges from anyone else. You may be accessing your ConniKate account by a long distance number, and this call may be subject to long distance or other toll charges by your telephone carrier ?you should check with your carrier to be sure, because any such charges are your responsibility. Your carrier may also charge you service fees for text messages, alerts, instant messages, web browsing, and emails. If your carrier is a wireless carrier, they may also charge you for airtime while you use the ConniKate Services. All of these charges are your responsibility, so you should check with your carrier to make sure you understand and can pay for any charges that apply to you.

You May Only Use the ConniKate Services for Lawful Purposes

We provide the ConniKate Services so you can talk with your friends in a fun and carefree environment. So, it's important that we all treat each other with respect. One important thing that means is that you can only use the ConniKate Services for lawful purposes. You may not say or post online, or promote through the ConniKate community, any material which (a) violates or infringes in any way upon the rights of others, (b) is unlawful, threatening, harmful, harassing, abusive, defamatory, invasive of privacy or publicity rights, (c) is vulgar, obscene, hateful, profane, indecent, or racially, ethnically or otherwise objectionable, (d) promotes, encourages, solicits, commits, or condones conduct which constitute a criminal or civil offense, (e) creates upon you a civil or criminal liability, or (f) in any other way violates any law. And even if it's not against the law, you may not undertake or encourage any conduct that, in our sole opinion, abuses, limits, restricts, inhibits, or in any way impacts any other user from using or enjoying any of the ConniKate Services.

You May Not Send Spam, Bulk Text Messages, Bulk Email Messages, or Bulk Instant Messages

You may not use any of the ConniKate Services to send, upload, post, email or otherwise transmit spam ?that is, unsolicited bulk communications ?nor may you authorize others to use your ConniKate account to do so. Likewise, you may not use any ConniKate Services to transmit any unauthorized advertising, chain letters, junk mail, pyramid schemes or any other form of solicitation. Furthermore, you may not gather any information about other ConniKate users and use that information for the purpose of sending unsolicited bulk communications, nor for any communications in violation of these Terms of Service.

ConniKate Content is Only For Your Personal Use

When you are in the ConniKate Arcade area, or in any other area of the ConniKate site, you'll be able to enjoy a wide variety of Content, including information, games, music, and other materials, owned by ConniKate, its affiliates, or other members of the ConniKate community. This Content is protected by copyright, trademark, patent, trade secret, and other laws and proprietary rights, and you agree that you will use the Content only for your own personal, non-commercial use.

Content You Share is Yours

We encourage you to talk often and freely using the ConniKate Service. Whatever you contribute may be made available to other members of the ConniKate community. You (or the owner of any Content, if not you) retain ownership of all rights, title, and interest in any Content you share with others using any ConniKate Service. By sharing any Content, you are promising us that you own all the rights to the Content (or at least that you are authorized to use and distribute it) and that the Content does not and will not infringe on any copyright or other rights that someone else might have.

You Don't Expect Us to Monitor What You and Others are Saying

We don't monitor what you or any members of the ConniKate community say when you are online. And you agree that you don't expect us to monitor, either. But we do reserve the right to listen in if we need to, for any reason. Under such circumstances, you acknowledge and consent to our monitoring your communications (including their content) during transmission and other use of the ConniKate Services. If we do, we will follow the ConniKate Privacy Policy. And we are not liable in any way for what you or others in the ConniKate community are saying.

We May Change the ConniKate Services, and Sometimes the ConniKate Services May not Be Available

We may change the ConniKate Services at any time, for any reason. We try to keep the ConniKate Services up and running all the time, but we don't guarantee it ?we just promise to do our best to make ConniKate available to you when you want it.

We Only Provide Limited Support

Your use of the ConniKate Service is at your own risk, and we will provide you with support through the help menus available while online or through the ConniKate website. We will work hard to make the ConniKate Service fun and easy to use, but we are not obligated to provide you with any bug fixes or corrections, or any updates, upgrades, or enhancements to the ConniKate Service.

No One Under 13 Is Permitted To Use Any ConniKate Services

ConniKate Services are designed for a general audience, and children under the age of thirteen are not permitted to register an account.

License To Posted Content

For materials or other information, you post or otherwise provide through the ConniKate community, you grant us the perpetual, irrevocable, nonexclusive and fully sublicensable right to use, copy, distribute, transmit, publicly display, reproduce, edit, modify, translate and reformat your content, create derivative works from, perform such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Security

You agree not to violate or attempt to violate the security for the ConniKate Service. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You may not use the ConniKate Services in any manner that could overburden, or impair the ConniKate Services (or the networks or systems connected to any ConniKate site). You may not use any device, software or instrumentality to interfere with the proper working of any ConniKate Service.

Links

The ConniKate Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites or resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites or resources.

No Third Party Beneficiaries

This Terms of Service agreement does not create, and you expressly disclaim, any third-party beneficiary relationships.

Third Party Services

We use third-party services to fulfill some of the ConniKate Services we make available to you under these Terms of Service. We do not endorse and are not responsible for any services provided by such third-party providers.

Legal Notices

We post legal notices and various credits on pages of the ConniKate site, which may not be removed even on your permitted copy. The availability of any contents through any ConniKate Services shall under no circumstance constitute a transfer of copyrights, trademarks or other intellectual property rights. All rights not expressly granted are reserved.

Modifications to Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any ConniKate Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the ConniKate Services.

Trademark Information

ConniKate is a service mark of Cocamola Inc. You agree not to display or use in any manner the ConniKate mark without our prior permission.

Termination of Services

We have the right to terminate your account, your use of the ConniKate Services, your license to use the ConniKate Services, and/or your access to the ConniKate Services at any time for any reason, without limitation, if we, in our sole discretion, determine your use to be in breach of these Terms of Service or any other agreement you have with us (either directly or indirectly), unlawful, unethical, threatening, or in any other way unacceptable, or if your account remains inactive for more than six (6) months. We may provide you a warning or warnings prior to terminating your use of the ConniKate Services, but we are under no obligation to do so.

Other Services We Provide

We may, from time to time, offer additional services, for a charge, or for no charge, which we call Premium Services. You agree that your purchase of, subscription to, or use of Premium Services will be subject to additional terms and conditions which will be in addition to the terms which are included in this Terms of Service.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE CONNIKATE SERVICE OR ANY OTHER SERVICE OFFERED BY US IS AT YOUR SOLE RISK. WE PROVIDE THE CONNIKATE SERVICE AND ALL OTHER SERVICES IS,? WHEN AND AS AVAILABLE,?AND WITH ALL FAULTS?FOR YOUR USE AS AN END CONSUMER WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, OR IMPLIED, UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION AND, IN SUCH CASE, ONLY TO THAT EXTENT THAT SUCH WARRANTIES ARE LEGALLY REQUIRED. WE SPECIFICALLY DISCLAIM IMPLIED WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE CONNIKATE SERVICES ARE MERCHANTABLE, ACCURATE, ERROR FREE, RELIABLE, FIT FOR ANY PARTICULAR USE, FUNCTION, OR NEED, OR NON-INFRINGING, OR ANY WARRANTY OF TITLE, CUSTOM, TRADE, QUIET ENJOYMENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE CONNIKATE SERVICES WILL MEET YOUR NEEDS OR THAT THEY WILL BE AVAILABLE, RELIABLE, UNINTERRRUPTED, SECURE, OR ERROR FREE, OR THAT WE WILL CORRECT ANY ERRORS THAT ARE DISCOVERED, REGARDLESS OF WHO DISCOVERS THEM. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE CONNIKATE SERVICES, OR THE DOCUMENTATION OR HELP THAT WE PROVIDE, REGARDLESS OF SOURCE, WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE. WE PROVIDE THE CONNIKATE SERVICES ON A COMMERCIALLY REASONABLE BASIS, AND WE DO NOT PROVIDE ANY GUARANTEE THAT THE CONNIKATE SERVICES WILL BE ACCESSIBLE, ACCURATE, OR HAVE APPROPRIATE CAPACITY OR CAPABILITY FOR THE SERVICES AT ANY PARTICULAR TIME OR LOCATION.

LIMITATION OF LIABILITY

OUR ENTIRE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR ACTION WITH US, IS TO DISCONTINUE YOUR USE OF THE CONNIKATE SERVICE. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHICH ARISE FROM YOUR USE OR ATTEMPT TO USE ANY OF THE CONNIKATE SERVICES OR FOR ANY CLAIM WHATSOEVER RELATED TO YOUR USE OR ATTEMPT TO USE ANY OF THE CONNIKATE SERVICES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER OR TELEPHONE FAILURE OR MALFUNCTION, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH AND WITHOUT REGARD TO WHICH LEGAL OR EQUITABLE THEORY UPON WHICH ANY CLAIM IS BASED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY GOVERNING LAW.

Indemnification

You agree to hold harmless, defend, and indemnify us and all our directors, officers, employees, and agents from and against any claims and expenses, including attorneys' fees, arising out of or related to your use of the ConniKate Service, including any claims relating to content you submit, post or transmit through the ConniKate Services, your violations of these Terms of Service, or your violations of any rights of another. We reserve the right, at our sole expense and discretion, to assume exclusive control of the defense and/or mitigation of any matter otherwise subject to indemnification by you, and only in this event will you have no further obligation to provide indemnification to us for that matter.

This Is the Entire Agreement between Us

These Terms of Service, together with the Privacy Policy and any other rules for the operation of the ConniKate Service which are communicated from time to time constitute the entire agreement between you and us regarding the subject matter of these Terms of Service, and supersede all prior agreements, whether written or oral. In the event of any disagreement between these Terms of Service or any other terms of use or operating rules for any ConniKate Service, these Terms of Service shall prevail. These Terms of Service shall be governed by and construed according to the laws of the British Columbia, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service or your use of the ConniKate Service shall reside in the courts located in Vancouver, British Columbia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Depending on the laws your jurisdiction, the foregoing provision may not apply to you. Should any part of these Terms of Service be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Service had been eliminated. No waiver by us of any breach or default hereunder shall be considered a waiver of any other such breach or default, regardless of when it occurs. You agree that regardless of any statute or law to the contrary, any claim or cause of action you allege arising out of or related to use of any ConniKate Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings used herein are for convenience only, and shall not be considered to have any legal authority.

Last revised August 18, 2007