KOOLADSTER.CA TERMS OF USE


1. ACCEPTANCE OF TERMS

kooladster.ca provides a collection of online resources, including posted
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service 
in any way, you are agreeing to comply with the TOU. In addition, when using 
particular kooladster.ca services, you agree to abide by any applicable posted 
guidelines for all kooladster.ca services, which may change from time to time.  
Should you object to any term or condition of the TOU, any guidelines, 
or any subsequent modifications thereto or become dissatisfied with kooladster.ca 
in any way, your only recourse is to immediately discontinue use of kooladster.ca.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise 
alter these terms and conditions at any time.  Such modifications shall become 
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. 


3. CONTENT

You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted>
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you 
post, email or otherwise make available via the Service. You understand that 
kooladster.ca does not control, and is not responsible for Content made available 
through the Service, and that by using the Service, you may be exposed to 
Content that is offensive, indecent, inaccurate, misleading, or otherwise 
objectionable. Furthermore, the kooladster.ca site and Content available through 
the Service may contain links to other websites, which are completely 
independent of kooladster.ca. Kooladster.ca makes no representation or warranty as 
to the accuracy, completeness or authenticity of the information contained 
in any such site. Your linking to any other webites is at your own risk. 
You agree that you must evaluate, and bear all risks associated with, the 
use of any Content, that you may not rely on said Content, and that under no 
circumstances will kooladster.ca be liable in any way for any Content or for 
any loss or damage of any kind incurred as a result of the use of any Content 
posted, emailed or otherwise made available via the Service. You acknowledge 
that kooladster.ca does not pre-screen or approve Content, but that kooladster.ca 
shall have the right (but not the obligation) in its sole discretion to 
refuse, delete or move any Content that is available via the Service, for 
violating the letter or spirit of the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

The kooladster.ca site and Content available through the Service may contain 
features and functionalities that may link you or provide you with access 
to third party content which is completely independent of kooladster.ca, 
including web sites, directories, servers, networks, systems, information 
and databases, applications, software, programs, products or services, 
and the Internet as a whole.  

Your interactions with organizations and/or individuals found on or through 
the Service, including payment and delivery of goods or services, and any 
other terms, conditions, warranties or representations associated with such 
dealings, are solely between you and such organizations and/or individuals. 
You should make whatever investigation you feel necessary or appropriate 
before proceeding with any online or offline transaction with any of these 
third parties.  

You agree that kooladster.ca shall not be responsible or liable for any loss or 
damage of any sort incurred as the result of any such dealings. If there is 
a dispute between participants on this site, or between users and any third 
party, you understand and agree that kooladster.ca is under no obligation to 
become involved. In the event that you have a dispute with one or more other 
users, you hereby release kooladster.ca, its officers, employees, agents and 
successors in rights from claims, demands and damages (actual and 
consequential) of every kind or nature, known or unknown, suspected and 
unsuspected, disclosed and undisclosed, arising out of or in any way related 
to such disputes and / or our service.



5. PRIVACY AND INFORMATION DISCLOSURE

* We don't share your information with third parties for marketing purposes.

* We don't employ tracking devices for marketing purposes 
  ("cookies", "web beacons," single-pixel gifs). 

* We don't send you unsolicited communications for marketing purposes. 

* We offer email anonymization & relay, to reduce 3rd party harvesting & spam.

* We sometimes collect your email address, for purposes such as sending
  confirmation emails, authenticating user accounts, providing subscription 
  email services, etc.

* kooladster.ca does not store credit card information. Credit card
  transactions are transmitted to a financial gateway.
 
* All postings are stored in our database until they expire,
  and may be archived elsewhere. Our web logs and other records are stored 
  indefinitely. 

* Although we make good faith efforts to store the information in 
  a secure operating environment that is not available to the public, 
  we cannot guarantee complete security.

Through the use of kooladster.ca website and its services, you acknowledge and agree that 
kooladster.ca may, in its sole discretion, preserve or disclose your Content, 
as well as your information, such as email addresses, IP addresses, timestamps, 
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact 
information (e.g. phone number, street address) of a third-party has been 
posted or transmitted without their consent or as a form of harassment; 
protect the rights, property, or personal safety of kooladster.ca, its users or 
the general public.                


6. CONDUCT

You agree not to post, email, or otherwise make available Content:

* that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;

* that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, 
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or 
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area 
of any person;

* that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;

* that violates the Fair Housing Act by stating, in any notice or ad for the 
sale or rental of any dwelling, a discriminatory preference based on race, 
color, national origin, religion, sex, familial status or handicap (or 
violates any state or local law prohibiting discrimination on the basis of 
these or other characteristics); 

* that violates federal, provincial, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.

* that impersonates any person or entity, including, but not limited to, a
kooladster.ca employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content 
that constitutes lawful non-deceptive parody of public figures.);

* that includes personal or identifying information about another person
without that person's explicit consent;

* that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";

* that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;

* that constitutes or contains  "affiliate marketing," "link referral code," 
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 
commercial advertisement;

* that constitutes or contains any form of advertising or solicitation if:
posted in areas of the kooladster.ca sites which are not designated for such 
purposes; or emailed to kooladster.ca users.

* that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by British Coulmbia 
law.

* that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;

* that disrupts the normal flow of dialogue with an excessive amount of 
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or

* that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.

Additionally, you agree not to:

* contact anyone who has asked not to be contacted;

* "stalk" or otherwise harass anyone;

* collect personal data about other users for commercial or unlawful
purposes;

* use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by kooladster.ca;

* post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;

* attempt to gain unauthorized access to kooladster.ca's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
kooladster.ca website; or

* use any form of automated device or computer program that enables the 
submission of postings on kooladster.ca without each posting being manually 
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.

7. POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary 
that offers to post Content to the Service on behalf of others. To 
moderate demands on kooladster.ca's resources, you may not use a Posting 
Agent to post Content to the Service without express permission or 
license from kooladster.ca.  Correspondingly, Posting Agents are not 
permitted to post Content on behalf of others, to cause Content to 
be so posted, or otherwise access the Service to facilitate posting 
Content on behalf of others, except with express permission or 
license from kooladster.ca.


8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to
kooladster.ca email addresses or through kooladster.ca computer systems, which is
expressly prohibited by these TOU, will use or cause to be used servers
located in Ontario.  Any unauthorized use of kooladster.ca computer systems
is a violation of the TOU and certain federal and provincial laws. Such violations 
may subject the sender and his or her agents to civil and criminal penalties.


9. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.


10. LIMITATIONS ON SERVICE

You acknowledge that kooladster.ca may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that kooladster.ca
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
kooladster.ca reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that kooladster.ca
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.


11. ACCESS TO THE SERVICE

kooladster.ca grants you a limited, revocable, nonexclusive license to access 
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, 
aggregation, copying, duplication, display or derivative use of the Service 
nor any use of data mining, robots, spiders, or similar data gathering and 
extraction tools for any purpose unless expressly permitted by kooladster.ca. 
A limited exception to (b) is provided to general purpose internet search 
engines and non-commercial public archives that use such tools to gather 
information for the sole purpose of displaying hyperlinks to the Service, 
provided they each do so from a stable IP address or range of IP addresses 
using an easily identifiable agent.
 
"General purpose internet search engine" does not include a website or 
search engine or other service that specializes in ads 
or in any subset of ads such as jobs, housing, for sale, 
services, or personals, or which is in the business of providing  
ad listing services.

kooladster.ca permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media).  If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by kooladster.ca to do so.  You may also
create a hyperlink to the home page of kooladster.ca sites so long as the
link does not portray kooladster.ca, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by
kooladster.ca immediately terminates said permission or license.  In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from kooladster.ca.


12. TERMINATION OF SERVICE

You agree that kooladster.ca, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if kooladster.ca believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that kooladster.ca shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.


13. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of kooladster.ca. You further agree not to reproduce, 
duplicate or copy Content from the Service without the express written 
consent of kooladster.ca, and agree to abide by any and all copyright notices 
displayed on the Service. You may not decompile or disassemble, reverse 
engineer or otherwise attempt to discover any source code contained in the 
Service. Without limiting the foregoing, you agree not to reproduce, 
duplicate, copy, sell, resell or exploit for any commercial purposes, any 
aspect of the Service.

Although kooladster.ca does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
kooladster.ca an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service, 
you automatically grant kooladster.ca all rights necessary to prohibit any 
subsequent aggregation, display, copying, duplication, reproduction, or 
exploitation of the Content on the Service by any party for any purpose.


14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE KOOLADSTER.CA SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE KOOLADSTER.CA SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW,
KOOLADSTER.CA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE KOOLADSTER.CA SITE AND THE
SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, KOOLADSTER.CA DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
KOOLADSTER.CA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE KOOLADSTER.CA SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, KOOLADSTER.CA
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE KOOLADSTER.CA SITE OR THE SERVICE.  Some jurisdictions do
not allow the disclaimer of implied warranties.  In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.


15. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL KOOLADSTER.CA BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KOOLADSTER.CA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE KOOLADSTER.CA SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE KOOLADSTER.CA SITE OR THE SERVICE, FROM
INABILITY TO USE THE kooladster.ca SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE KOOLADSTER.CA SITE
OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE KOOLADSTER.CA SITE OR THE SERVICE OR ANY
LINKS ON THE KOOLADSTER.CA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE KOOLADSTER.CA SITE
OR THE SERVICE OR ANY LINKS ON THE KOOLADSTER.CA SITE.  THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted.  In such jurisdictions, some of
the foregoing limitation may not apply to you.


16. INDEMNITY

You agree to indemnify and hold kooladster.ca, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.


17. GENERAL INFORMATION

The TOU constitute the entire agreement between you and kooladster.ca and
govern your use of the Service, superseding any prior agreements between you
and kooladster.ca. The TOU and the relationship between you and kooladster.ca
shall be governed by the laws of the Province of British Columbia without regard to
its conflict of law provisions. You and kooladster.ca agree to submit to the
personal and exclusive jurisdiction of the courts located within the province
of British Columbia, Canada. The failure of kooladster.ca to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.


18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:

abuse@kooladster.ca

Our failure to act with respect to a breach by you or others does not waive our 
right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, 
if it becomes necessary for kooladster.ca to pursue legal action to enforce the 
TOU, you will be liable to pay kooladster.ca the following amounts as liquidated 

damages, which you accept as reasonable estimates of kooladster.ca's damages for 
the specified breaches of the TOU:

a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
kooladster.ca one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.

b. If kooladster.ca establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the Service, you
agree to pay kooladster.ca one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access kooladster.ca in
excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to kooladster.ca email
addresses or through kooladster.ca computer systems, you agree to pay
kooladster.ca twenty five dollars ($25) for each such email.

d. If you post Content in violation of the TOU, other than as described 
above, you agree to pay kooladster.ca one hundred dollars ($100) for each 
Item of Content posted.  In its sole discretion, kooladster.ca may elect 
to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree to
pay kooladster.ca one hundred dollars ($100) for each and every Item of Conent
posted in violation of the TOU.  A Posting Agent will also be deemed an agent 
of the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay kooladster.ca an additional one hundred
dollars ($100) for each Item of Conent posted by the Posting Agent on 
behalf of the principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise 
exploit for any purpose any Content (except for your own Content) in 
violation of the TOU without kooladster.ca's express written permission, 
you agree to pay kooladster.ca three thousand dollars ($3,000) for each day 
on which you engage in such conduct.

Otherwise, you agree to pay kooladster.ca's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other 
provision of the TOU, kooladster.ca retains the right to seek the remedy 
of specific performance of any term contained in the TOU, or a preliminary 
or permanent injunction against the breach of any such term or in aid of the 
exercise of any power granted in the TOU, or any combination thereof.