Cockatoos Terms of Service

Cockatoos is where adults come to meet other adults online. All users must be 18 years or older. By using the Cockatoos Website you agree to be bound by these Terms of Service, whether or not you register as a member. If you wish to become a Member and communicate with other Members and make use of the Cockatoos service, read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up process. These terms are legally binding upon you as a user of Cockatoos services and web site. Cockatoos may modify the Terms of Service from time to time, and upon your continued use of the services, you acknowledge and consent to the modified terms.

1. Eligibility: You must be 18 years or older to use or register on Cockatoos. Use of this site is forbidden where prohibited by law.
   
   
2. Privacy: Please see our Privacy Policy.
   
   
3. Term: These terms remain in full force and effect as long as you choose to use this site or remain a member of Cockatoos. Cockatoos reserves the right to terminate your membership for any reason upon email notification. You may terminate your membership at any time, for any reason by providing Cockatoos with written or email notice of your termination. Cockatoos may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Cockatoos.
   
   
4. Unauthorized Use: The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
   
   
5. Disclaimers: Cockatoos is not responsible for any inaccurate postings, listings, or information on Cockatoos, whether posted or caused by users, members, employees, equipment, programming, or conduct of users online or offline. Cockatoos assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, communication line failure, theft or destruction, or unauthorized access to, or alteration of user or member communications. Cockatoos is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, software or computer equipment, failure of email due to technical problems or traffic congestion on the Internet or at any web site, including injury to any user or member or any other person's computer related to using or downloading materials from or in connection with Cockatoos web site or service. Cockatoos will under no circumstances be responsible for any loss, damage or injury resulting from anyone's use of the Cockatoos web site and/or services or any content posted on the site or transmitted to users or members; this includes injury, damage or loss which may occur as a result of emotional distress or injury resulting from real world meetings with other members and/or users resulting from your use of this site and/or service. The Cockatoos site and services are provided AS-IS and Cockatoos expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cockatoos cannot and does not guarantee any specific results from use of the web site or services.
   
   
6. Limitation on Liability: In no event will Cockatoos be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of this site and/or service, even if Cockatoos has been advised of the possibility of such damages.
   
   
7. Problems with other members/users: You are solely responsible for any disputes arising out of interaction with other Cockatoos users and/or members. Cockatoos reserves the right, but has no obligation, to monitor such disputes.
   
   
8. Content Posted on Cockatoos:
   
   
   1. You understand and agree that Cockatoos may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Cockatoos violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
      
      
   2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
      
      
   3. By posting Content to any public area of Cockatoos, you automatically grant, and you represent and warrant that you have the right to grant, to Cockatoos an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
      
      
   4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Cockatoos reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that
      
      
      • is offensive to the on-line community such as content that promotes racism, hatred, or physical harm of any kind against any one or a group;
      • harasses or advocates harassment of another person;
      • involves the transmission or communication of junkmail, spam, chain letters, or unsolicited mass mailings of any kind;
      • contains information which is false, misleading, or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
      • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • displays pornographic or sexually explicit material.
      • exploits any person under age 18 in a sexual or violent or physically abusive manner, including content that solicits personal information from any person under age 18.
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
      • seeks to circumvent the services provided by Cockatoos
      
      
      
   5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
      
      
   6. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
      
      
   7. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Cockatoos.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Cockatoos.com reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which Cockatoos deems appropriate in its sole discretion.
      
      
   
   
   
9. Intellectual Property and Proprietary Rights: EQUAT Marketing Technologies Inc. is the owner of Cockatoos web site and service. The Cockatoos web site contains copyrighted material, trademarks, and other proprietary information that belongs to EQUAT. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the proprietary material without first obtaining explicit approval from EQUAT unless the material is in the public domain.
   
   By posting any photo(s), information, and/or content for use on the Cockatoos web site and service, you automatically grant, and represent and warrant that you have the right to grant, to Cockatoos an irrevocable, perpetual, nonexclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information, content and/or photos and to prepare derivative works of, or incorporate into other works, such information, content and/or photos and to grant and authorize sublicensees of the foregoing. Upon your submission, posting, or forwarding to Cockatoos any photo(s) you understand and agree that Cockatoos is not responsible for and will not return such photo(s) to you or the submitting party.
   
   
10. Governing Law: This Terms of Service Agreement shall be governed by the laws of British Columbia, Canada regardless of where you access the web site. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in Vancouver, British Columbia and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court, and consent to service of process by overnight courier or express mail at your last known address. If any provision of this Terms of Service Agreement is found to be unenforceable, the remainder of this Terms of Service Agreement shall remain and continue in full force and effect.
    
    
11. Indemnity: You agree to indemnify, defend, and hold harmless Cockatoos, its agents and suppliers, subsidiaries, affiliates, officers, agents, partners and employees from any and all loss, liability, claim, cost, demand, fee or expense (including without limitation reasonable attorneys' fees, costs and disbursements) arising from any claims, actions or proceedings brought against Cockatoos, its agents or suppliers, by any third party related to: (i) your actions or inactions taken based on or made in reliance on information, services, or material on or linked to this site; (ii) your violation of this Terms of Service Agreement; or (iii) any information or materials you post or upload to this site.