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TERMS OF USE
Your access to and continued use of this Web Site constitutes your acceptance, without
limitation, of these simple policies and disclaimers.
As referenced below, "We", "Us" or "Our" refers to coolstandings.com, Inc.
Questions or notices concerning these Terms of Use should be addressed to Us.
PRIVACY POLICY
We value your privacy.
We intend to give you as much control as possible over your personal
information. In general, you can view this web site without telling Us who
you are or revealing any information about yourself. There are times,
however, when We may need information from you, such as your name,
location and email address. We use the information you provide about
yourself or someone else when submitting a message, joining a club, or
other submission.
Your IP address is collected when you visit Our site.
This IP address is associated with the Internet Service Provider (ISP),
company, or university through which you connect to the Internet, and will
likely change every time you log on to the Internet. We use IP addresses
to measure the site's traffic, and may also use IP addresses to target
advertisements to a particular geographic area.
We never use or share
the personally identifiable information provided to Us online in ways
unrelated to the ones described above without also providing you an
opportunity to opt-out or otherwise prohibit such unrelated uses.
This Privacy Policy
applies differently to individuals under certain ages. We ask that parents
and guardians take some time to review this policy as it may apply to
their children, as set forth under the heading "Maintaining the Privacy of
Children." By using this web site, you are agreeing to the policies set
forth below and the current terms & Conditions ("Terms &
Conditions"), set forth on this page.
We reserve the right
to modify, amend or restate this Privacy Policy from time to time with or
without prior notice. Your use of this web site after the posting of
modifications to this Privacy Policy will constitute your acceptance of
the Privacy Policy as modified.
What Information Do
We Collect?
We collect information
in several ways during your visits to Our web site. Some personal
information is collected when you sign up to receive a newsletter, join a
club, send a message or enter a contest. Or you may provide personal
information when signing up for any promotions offered on Our web site
from time to time. When you contact us, We may also keep a record of that
correspondence. Also, when you make a purchase on Our site, We may also
keep a record of that transaction.
We will endeavor to
provide a link to Our current Privacy Policy on pages where personal
information may be requested.
Individuals are free
to use this web site without participating in any electronic submission
that requests your personal information, and thereby avoid providing
personally identifiable information.
What Are Cookies
and How Do We Use Them?
A "cookie" is
information that is transferred from a web site's server to your
computer's browser and stored on your computer's hard drive. This
information is then available to the web site's server when you return to
that site using the same browser. This information can be used to identify
the user of the browser visiting the site and record, for example,
preferences and usage in general.
Most web sites use
cookies to customize the online experience based on an individual's
interests and preferences and in order to streamline transactions by
recording frequently entered information. We use cookies to assess which
parts of Our web site are popular and which are not. Our updates to the
web site will depend in part on data compiled from Our use of cookies,
such as total numbers of visitors, pages viewed and other traffic
patterns.
We may in the future
use cookies to assist returning visitors and customers in other ways. At
such time, We will update Our Privacy Policy accordingly. We do not use
cookies to retrieve information from your computer that was not originally
sent in a cookie. You may also receive cookies sent by Our advertisers,
which is a standard practice for online advertisers. In most cases, if you
choose, you can set your browser to refuse cookies or alert you to their
transfer to your browser.
How is My
Information Used?
We currently use
personal information only for the purposes of providing electronic
exchanges of information, specifically requested by the user. In
certain cases, you may provide Us with your name, location and email
address to submit a message or join a club. We use and transmit this
information only to the extent necessary to complete such submission and
ensuing action or response.
We currently do not
provide your personal information to third parties. We do however reserve
the right to provide email addresses of Our users to Our advertisers,
sponsors or business partners, in order to provide Our users with
information and promotions We believe may be of interest to them. We offer
the opportunity to each of its registered users to be excluded from such
distributions by following the clear and concise instructions for removal
or unsubscribe at the bottom of any and all bulk communications such as
newsletters and special offers.
Maintaining the
Privacy of Children
We encourage parents
and guardians to review in advance the appropriateness of the different
areas of Our web site for their children. As described above, We may
collect information from individuals visiting its web site who may, among
other ways, register for a service, submit a message or enter a
sweepstakes or contest. We will not knowingly collect any personally
identifiable information from children under certain ages, typically under
the age of 13 years old.
To this end, We have
created systems that request a voluntary honesty confirmation that the
user is over a certain age, prior to the information being submitted to
us. Therefore, these visitors may not be eligible to participate in
certain services offered on the web site. We intend not to participate in
the transfer of any personal information of persons under a certain age
for any purpose. However, since this is a voluntary system, based on
honesty, these systems are not foolproof.
How do We Protect
Your Personal Information?
To prevent
unauthorized access, maintain data accuracy, and ensure the correct use of
information, We have put in place appropriate physical, electronic, and
managerial procedures to safeguard the information We collect
online. Personal information is stored in a secure MySQL
database, behind a firewall, and not accessible to the web.
TERMS & CONDITIONS
The following
describes the terms and conditions (the "Terms and Conditions") on which
We offer you the information (including the Intellectual Property [as
defined below]), services and products on Our web site and related web
pages (collectively, the "Services").
We reserves the right
to modify, amend or restate the Terms and Conditions from time to time
with or without prior notice.
Your use of this web
site and any Services after the posting of modifications to these Terms
and Conditions will constitute your acceptance of the Terms and Conditions
as modified.
Use of this Web
Site
You represent that you
have read and agree to be bound by the Terms and Conditions. You further
agree to comply with U.S. or other applicable law regarding the
transmission of any information obtained from the Services in accordance
with the Terms and Conditions, not to use the Services for illegal
purposes, and not to interfere or disrupt the networks connected to the
Services.
Restrictions on Use
You may not use the
Services for any illegal purposes or in any manner inconsistent with the
Terms and Conditions. You agree to use the Services solely for your own
noncommercial use and benefit, and not for resale or other transfer or
disposition to, or use by or for the benefit of, any other person or
entity.
You agree to promptly
notify Us upon becoming aware of any unauthorized access or use of the
Services by any party or any claim that the Services infringes upon any
copyright, trademark or other contractual, statutory or common law rights.
Further
Restrictions on Use
YOU MAY NOT COPY,
REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER,
DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE
DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE
SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR
MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED
THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE
SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED
BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR
TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE
IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU
OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO
OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE
SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR
SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR
SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR
SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU
AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.
Intellectual
Property
This web site contains
material which is derived in whole or in part from materials supplied by
Us and various other sources. This web site, including but not limited to
its text, logos, content, photographs, flash animations, video, audio and
graphics (the "Intellectual Property"), is protected by copyrights,
service marks, international treaties and/or other proprietary rights and
laws of the U.S. and other countries. The Intellectual Property is also
protected as a collective work or compilation under U.S. copyright and
other laws and treaties. All individual articles, columns and other
elements making up the Services are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the Services.
If you would like to
make copies and/or distribute certain information, please contact
us.
No License Granted
You acquire absolutely
no rights or licenses in or to the Services and materials contained
therein other than the limited right to utilize the Services in accordance
with the Terms and Conditions. Should you choose to download content from
the Services, you must do so in accordance with the Terms and Conditions.
Such download is licensed to you by Us only for your own personal,
noncommercial use in accordance with the Terms and Conditions and does not
transfer any other rights to you.
Accuracy Disclaimer
We do not warrant or
guarantee the accuracy, quality, completeness, currency, or validity of
any information on the web site or linked from the web site. All
information contained on this web site has been obtained from sources
believed by Us to be accurate and reliable. The ads, press releases, and
newsletters are also provided by the identified organizations. We do not
edit or control the information We receive, although it may note obvious
errors that have been discovered. Due to the possibility of human and
mechanical error, We are not responsible for any errors or
omissions.
Rights Reserved
All present and future
rights in and to the Intellectual Property and other proprietary rights of
Us of any type under the laws of any governmental authority, domestic or
foreign, including rights in and to all applications and registrations
relating to the Services (the "Intellectual Property Rights") shall, as
between you and Us, at all times be and remain the sole and exclusive
property of Us. All present and future rights in and title to the Services
(including the right to exploit the Services and any portions of the
Services over any present or future technology) are reserved to Us for Our
exclusive use. Except as specifically permitted by the Terms and
Conditions, you may not copy or make any use of the Services or any
portion thereof.
Liability
Disclaimer
The material provided
on this web site could include technical inaccuracies or typographical
errors and the web site may be subject to periods of interruption. We may
make changes or improvements at anytime.
Limitation of
Liability
While We endeavor to
maintain the highest professional quality of the Services We offer on Our
web site, We cannot be held responsible for any errors, defects, lost
profits, or other consequential damages arising from the use of this web
site. We will not be liable for any damages or injury, including but not
limited to, special or consequential damages that result from any failure
of performance, error, omission, interruption, defect, delay in operation
of transmission, or computer virus, the use of, or the inability to use,
the materials in the Services even if there is negligence by Us or an
authorized representative of Us; user has been advised of the possibility
of such damages. The above limitation or exclusion may not apply to you to
the extent that applicable law may not permit the limitation or exclusion
of liability for incidental or consequential damages. Our total liability
to you for all losses, damages, and causes of action (in contract, tort
(including without limitation, negligence, or otherwise) will not exceed
the amount you paid to Us to access the Services.
Indemnification
You agree, to the
extent permitted by applicable law, to indemnify and hold Us, Our
officers, directors, owners, agents and employees harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Services, the violation of these
Terms and Conditions by you, or the infringement by you, or other user of
the Services using your computer, of any Intellectual Property or other
right of any person or entity. We reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
User Submissions to
the Web Site
The Services may
include message systems, bulletin boards and/or chat rooms which may
provide on-line participation by and interaction among users. All remarks,
suggestions, ideas, graphics, or other information communicated to Us
through Our Services will become the property of Us. Without limitation,
We will have exclusive ownership of all present and future existing rights
to the User Submission of every kind and nature everywhere. We will be
entitled to use the User Submission for any purpose whatsoever (consistent
with the Privacy Policy then in effect), without compensation to you or
any other person sending the User Submission.
We do not control the
postings of messages, information or files to chat rooms and bulletin
boards. Further, We have no obligation to monitor chat rooms or bulletin
boards or any other postings of User Submissions.
All Submissions Are
Subject to These Further Conditions
Your use of the
Services and submission of material for publication on the pages of the
web site are conditioned on your adherence to the following policies:
- You may not
restrict or inhibit any other user from using or enjoying any of the
Services.
- You may not post or
transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, indecent or racially, ethnically
or otherwise objectionable material of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law.
- You may not post or
transmit any information, software or other material which violates or
infringes upon the rights of others, including material which is an
invasion of privacy or publicity rights or which is protected by
intellectual property rights.
- You may not post or
transmit any information, software or other material which contains a
virus or other harmful component.
- You may not post,
transmit or in any way exploit any information, software or other
material for commercial purposes, or which contains commercial
advertising.
We reserve the right
at all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, that in Our sole
discretion are objectionable or in violation of its Submission policies.
Under no circumstances
will We be required to treat any Submission as confidential (subject to
Privacy Policy then in effect), and will not be liable for any ideas for
its business (including, without limitation, product or service ideas) and
will not incur any liability as a result of any similarities that may
appear in future We operations.
You acknowledge that
you are solely responsible for whatever material you submit, and you, not
Us have full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright. Your
communication of a Submission is in all respects subject to the Terms and
Conditions, including without limitation those set forth in
"Indemnification."
Links
The Services display
links to other web sites that are not owned or maintained by Us and which
contain information some people may find inappropriate or offensive. We
have not reviewed such web sites and are not responsible for the content
thereof. The inclusion of a link to such web site does not imply
endorsement by Us. Viewing of any web site linked to the Services is at
your own risk.
Endorsement
Disclaimer
We do not endorse,
support, sanction, or verify the information or material that is provided
on this web site or linked to this web site. Unless otherwise specifically
indicated, We have no affiliation with any of the organizations mentioned
or described on the web site, and We make no representations or warranties
with regard to those organizations. Nor do We endorse or affiliate itself
with any of the organizations that are linked to or from this web
site.
Privacy Policy
Our current Privacy
Policy is posted above and is incorporated herein by reference. By using
this web site, you expressly consent to certain disclosures of your
personally identifiable and other personal information provided to you by
Us to third parties, and to use of your information by Us and third
parties, to the extent set forth in Our current Privacy Policy, unless you
otherwise notify Us in accordance with the Privacy Policy.
Policies Concerning
Claims of Infringement
It is Our policy to
respond expeditiously upon receiving notice of claimed intellectual
property infringement. We will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act and other applicable intellectual property laws.
All notices of
copyright infringement should be sent
to Us.
Notices of copyright
infringement should contain the following information:
- A physical or
electronic signature of a person authorized to act on behalf of the
copyright owner that is allegedly infringed.
- Identification of
the copyrighted work claimed to have been infringed.
- Identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and information reasonably sufficient to permit We
to locate the material.
- The address,
telephone number, or email address of the complaining party.
- A statement 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.
- A statement, under
penalty of perjury, that the information in the notification is
accurate, and that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. We
reserves the right to remove and/or disable access from the Service to
web pages of repeat infringers and reserves the right to terminate all
account holders and subscribers who are repeat infringers of
intellectual property laws.
Access and
Interference
Our web site contains
robot exclusion headers and you agree that you will not use any robot,
spider, other automatic device, or manual process to monitor or copy Our
Intellectual Property or any other content contained herein without Our
prior written consent. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Services. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on Our
infrastructure.
Access Outside the
United States
We makes no
representation that the materials provided at this web site are
appropriate or available for use in locations outside of the United
States, its territories and possessions. If you use the Services from
other locations, you are responsible for compliance with applicable local
laws.
General Disclaimer
We are not responsible
for any direct, indirect, incidental, consequential or any other damages
arising out of or in connection with the use of this web site or in
reliance on the information available on the web site. This includes any
personal injury, business interruption, loss of use, lost data, lost
profits, or any other pecuniary loss, whether in an action of contract,
negligence, or other tortuous action, even if We have been informed of the
possibility.
Miscellaneous
These Terms and
Conditions will be governed and be interpreted pursuant to the laws of the
State of Illinois, United States of America, notwithstanding any
principles of conflicts of law and you hereby consent to the jurisdiction
of such courts. If any part of these Terms and Conditions is unlawful,
void, or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
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. If We ask a third party to
provide Services through this web site, the provisions of this agreement
shall apply to your use of the Services, unless otherwise noted. We shall
not be liable for any delay or failure to perform resulting directly or
indirectly from any causes beyond Our reasonable control.
We may freely assign
or update this agreement.
Thank you for visiting coolstandings.com!
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