COOL CVLTVRE
Terms and Conditions
We are COOL CVLTVRE LLC doing business as COOL CVLTVRE
A company registered in New York United States at 82 Rutgers Slip New York New York 10002
We operate the website https://www.coolcvltvre.com (the Site), as well as any other related products and services that refer or link to these legal terms(the legal terms) (collectively the Services)
You can contact us by phone at 646-221-6114, email us at thecoolcvltvre@gmail.com or by mail to 82 Rutgers slip New York, NY 10002, United States
These legal terms constitute a legally binding agreement made by you whether personally or entity (you) and COOL CVLTVRE LLC, concerning your access to and use of the Services. IF YOU DO NOT AGREE WITH ALL THESE LEGAL TERMS THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any schedule changes to the services you are using. The modified middle terms will become effective upon posting or notifying you by thecoolcvltvre@gmail.com as stated in the email message. By continuing to use the services after the effective date of the changes you agreed to be bound by the modified terms.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and directly be supervised by the parent or guardian to use the services.
We recommend that you print a copy of these legal terms for your records.
1. OUR SERVICES
The information provided when using the services is not intended for distribution to or use by any person who is in any jurisdiction or country where such distribution or use would be contrary to law or regulation which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the services from other locations do so on their own initiative and are solely responsible for compliance with local laws and to the extent local laws are applicable.
The services are not told to comply with industry specific regulations (Health Insurance Portability and accountability Act (HIPAA) , Federal Information Security Management Act (FISMA) , etc) so If your interactions would be subjected to such laws you may not use the services. You may not use the services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights and all services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the services (collectively, the "Content") as well as the trademarks, service marks, and logos contained therein (the "Marks")
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through our services "AS IS" for your personal, non-commercial use only.
YOUR USE OF OUR SERVICES
subject to your compliance with these legal terms, including the PROHIBITED ACTIVITIES Section below, will grant you a nonexclusive, nontransferable, revocable license to:
access the Services; and
download or print a copy of any portion of the contents with properly gained access.
Solely for your personal, non commercial use.
Except as set out in this section or elsewhere in our legal terms, no part of the services and no concept or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without a prior written permission.
If you wish to make any use of our services concept or marks other than a set out in the section or elsewhere and all legal terms, please address your request to: thecoolcvltvre11@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our services or Content, you must identify us as the owners or licensors of the services, content, or marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying or Content.
We reserve all rights not expressly granted to you in and to the services Content and Marks.
Any breach of these intellectual property rights will constitute a material breach of our legal terms and your right to use our services will terminate immediately.
Your Submissions
Please review the section in an activity section carefully prior to using all services to understand the rights you give us and the obligations you have when you post or upload any concept through the services.
Submissions: by directly sending us any questions, comment, suggestion, idea, feedback, or other information about the services ( Submissions), you agreed to assign to us all intellectual property rights in such submission. You agree that we shall own this submission and be entitled to its unrestricted use and decimation for any law purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us submissions to any part of the services you are:
Confirm that you have read and agree with our prohibited activities it will not post, send, publish, upload, or transmit through the services any submission that is illegal, harassing, hateful, harmful, your family story, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law waive any and all moral rights to any such submission;
Word that any such submission or original to you or that you have the necessary rights and licenses to submit such submissions and that you have full authority to grant us the above mentioned rights in relation to your submissions; and
Warrants and represent that your submissions do not constitute confidential information.
You are solely responsible for your submissions and you expressly agreed to reimburse us for any and all losses that we may suffer because of your breach of this section and third parties intellectual property rights or applicable law.
3. USER REPRESENTATIONS
By using the services you represent and board that you have the legal capacity and you agree to comply with these legal terms; you are not a minor in the jurisdiction which you reside, or if a minor, you have received parental permission to use the services; you will not access the services through automated or nonhuman means, whether through a bot, script or otherwise, you will not use the services for any illegal or unauthorized purpose; and your use of the services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, what do you complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the services(or any portion thereof).
4. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the services. However we do not guarantee that the colors, features, specifications, and details of the product will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that the items will be in stock. We reserve the right to discontinue any products any time for any reason. Prices for all products are subject to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment;
Visa
MasterCard
American Express
Discover
PayPal
You agreed to provide current, complete, and accurate purchase and account information for all purchases made via the services. Your further agreed to properly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
We reserve the right to refuse any order placed in the services. We may, in our sole discretion, limit or cancel quantities purchase per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment, and or others that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. RETURN POLICY
Please return to our return policy posted on the services prior to making any purchases.
7. PROHIBITED ACTIVITIES
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the services, you agreed not to:
Systematically retrieve data or other contact from the services to create or compile, directly or indirectly, collection, compilation , database, or directly without written permission from us.
Trick , defraud, or mislead us and our users, specifically in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security related features of the services, including features that prevent or restrict the use or copying of any contact or enforce limitation on the use of the services and or the content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and or the services.
Use any information obtained from the services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of our linking to the services.
Upload or transmit or attempt to upload or to transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming continuous posting of repetitive text, that interferes with any parties on interrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or proprietary rights notice from any content.
Attempt to impersonate another user or person or use the same username of another user.
Upload or transmit or tap to upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs) 1x1 Pixels, Web bugs, cookies, or other similar devices sometimes referred to as spyware or passive collection mechanisms or PCMS.
Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you.
Attempt to bypass any measures of the services designed to prevent or restrict access to the services, or any portion of the services.
Copy or adapt the services software, including but not limited to flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, Dissemble, or reverse engineer any of the software comprising or in any way making up a part of the services.
Except as may be the result of Standard search engine or Internet browser usage, use, launch, developed, or distribute any automated system, including without limitation, any spider, Robert, sheet utility, scraper, or off-line reader that accesses the services, or use or lunch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the services.
Make any unauthorized use of the services, including collecting user names and or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the services as part of any effort to complete with us or otherwise use the services and or the Content for any revenue generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the services to advertise or offer to sell goods and services.
8. USER GENERATED CONTRIBUTIONS
The services does not offer users to submit or post Contant. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast concept materials to us or on the services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively "contributions"). Contributions may be due to by other users of the services and through third-party websites. When you create or make available any contributions, you there by represent and warrant that:
The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the services, and other users of the services to use your contributions in any manner contemplated by the services and these legal terms.
You have the written consent, release, and or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use your contributions in any manner contemplated by the services of these legal terms.
Your contributions are not false, inaccurate, or misleading.
Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, Sophie, violet, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your contributions are not used to harass or threatened (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your contributions do not violate any applicable law, regulation, or rule.
Your contributions do not violate the privacy or publicity rights of any third-party.
Your contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your contributions do not otherwise violate, or linked to material that violates, any provision of these legal terms, or any applicable law or regulation.
Any use of the services in violation of the phone going violates these legal terms and may result in, among other things, termination or suspension of your rights to the use of the services.
9. CONTRIBUTION LICENSE
Any use of the services agree that we may access, store, process, and use any information and personal data that you provide and your choices including settings.
By submitting suggestions or other feedback regarding the services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you and any area on the services. You are solely responsible for your contributions to the services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) Monitor the services for violations of these legal terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these legal terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) and also discretion and without limitation, notice, or liability, to remove from the services or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the services.
11. PRIVACY POLICY
We care about data privacy and security. By using the services, you agreed to be bound by our privacy policy posted on the services, which is incorporated into these legal terms. Please be advised the services are hosted in the United States. If you access the services from any other region of the world with laws or other requirements governing personal data collection, used, or disclosure that differ from the applicable laws in the United States, then through your continued use of the services, you're transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
These legal terms shall remain in full force and effect while you use the services. WITHOUT ELIMINATING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOUL DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO ANY USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT, CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
IF WE TERMINATE OR SUSPEND YOUR ACCOUNT FOR ANY REASON, YOU'RE PROHIBITED FROM REGISTERING AND CREATING A NEW ACCOUNT UNDER YOUR NAME, A FAKE OR BORROWED NAME, OR THE NAME OF ANY THIRD-PARTY, EVEN IF YOU MAY BE ACTING ON BEHALF OF A THIRD-PARTY. IN ADDITION TO TERMINATING OR SUSPENDING YOUR ACCOUNT, WE RESERVE THE RIGHT TO TAKE APPROPRIATE LEGAL ACTION, INCLUDING WITHOUT LIMITATION PURSUING CIVIL, CRIMINAL, AND INJUNCTIVE REDRESS.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the services at any time or any reason at all sole discretion without notice. However, we have no obligation to update any information on our services. We also reserve the right to modify or discontinue all or part of the services without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the services.
We cannot guarantee the services will be available at all times. We may experience hardware, software, or any other problems or need to perform maintenance related to the services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the services during any downtime or discontinuance of the services. Nothing in these legal term will be constructed to obligate us to maintain and support the services or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAWS
These legal terms and your use of services are governed by and constructed in accordance with the laws of the state of New York applicable to agreements made and to be entirely performed within the state of New York, without regard to his conflict of law principles.
15. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us collectively, the parties and individually, a party shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum Non-conveniens with respect to venue and jurisdiction such state and federal courts. Application of the United Nations convention on contracts for international sale of goods and the Uniform Computer Information Transaction Act (UCITA) excluded from these legal terms. And no event shall any claim, action, or proceeding brought by either party related in any way to the services commenced more than one years after the cause of action arose.
16. CORRECTIONS
Any information on the services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or missions and to change or update the information on the services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOU USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE NEED NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LAKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY, AND OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OFFERED BY THIRD-PARTY THROUGH THE SERVICES, AND HYPERLINK THE WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY TO THE CONTRARY CONTAINED HEARING, OUR LIABILITY TO YOU FOR ANY CALLS WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agreed to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys fees and expenses, made by any third-party due to all arising out of: (1) use of the services; (2) Breach of these legal terms; (3) any breach of your representations and warranties set forth in these legal terms; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the services with whom you connected via the services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agreed to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you in any such claim, action, or proceeding which is subject to indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the services for the purpose of managing the performance of the services, as well as data relating to your use of the services. Although we perform regular routine back ups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you here by waive any rite of action against us arising from any such laws or corruption of data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. You here by agree to the use of electronic signatures, contracts, orders, and other records, and two electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You here by waive any rights or requirements under any statutes, regulations, rules, ordinances, or laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or two payments or the granting of credits by any means other than electronic means.
22. MISCELLANEOUS
These legal terms and any policies or operating rules posted by us on the services or in respect to the services constitute the entire agreement and understanding between you and us. I will fear you failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these legal terms is determined to be unlawful, void, or enforceable, that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment agency relationship created between you and us as a result of these legal terms of the services. You agree that these legal terms will not be construed against us by virtue of having drafted them. You here by waive any and all defenses you may have based on the electronic form of these legal terms and the lack of signing by the parties hereto to execute these legal terms.
23. CONTACT US
COOL CVLTVRE LLC
82 Rutgers Slip
New York, NY 10002
United States
Phone: 6462216114
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