Agreement on Terms and Conditions of Use
Last updated: June 1, 2015.
Ownership of Sites, Trademarks, Copyrights, Software and Other Intellectual Property
The Club owns and operates the Sites as well as all materials and content set forth on the Sites, or has acquired the right to use such content and materials, including without limitation, any and all text, statistics, images, photographs, logos, graphics, illustrations, audio and video clips, characters, copyrights, trademarks and other intellectual property (the “Materials”). You may access, download and/or print the Materials only once on any personal computer for your personal, non-commercial use. You may not modify copy, distribute, reproduce, produce derivative works of, post, perform, transmit, upload, display or publish the Materials without the Club’s prior written consent. The URL www.cooldell.com and associated logos are proprietary trademarks or service marks of the Club. You may not use these or any of the Club’s trademarks, service marks or other intellectual property without the prior written consent of the Club. This Agreement does not confer any license or right under any copyright, trademark or other intellectual property of the Club or of any third party.
The Club owns all software used to give effect to the Sites (the “Site Software”). You may not modify the Site Software in any manner or form, or use modified versions of the Site Software, for the purpose of obtaining unauthorized access to any of our Sites or for any other purpose.
Use of Site Features
Our Sites may offer opportunities for you to send messages in connection with various features that the Club may elect to offer, such as bulletin boards, chat rooms, chats with special guests, information libraries, e-mail services, online newsletters. When you use any of the Site Features, you will be subject to any additional guidelines or rules applicable to such Site Features. Any such additional guidelines or rules are hereby incorporated in this Agreement by reference.
When you use certain Site Features, you may be required to register and to provide certain personal information, including your name, email address and other required information. You will be asked to select a screen name which will be used to identify you when you use the Site Features. Your screen name need not include any personally identifiable information, and we recommend that you do not include personally identifiable information as part of your screen name. You must not use any screen name that violates any terms of this Agreement.
You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying our Sites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
The Club reserves the right to review, monitor, edit or delete any Posting by you that: (i) violates the terms of this Agreement; (ii) constitutes illegal, offensive or inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding.
You acknowledge that any Posting may be used by any third party, and the Club assumes no liability for such disclosures. Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that the Club does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on any of our Sites or the use by such third party of any such information. We recommend that you use caution when exchanging information with any person that you interact with on any of the Sites. The Club is not responsible for monitoring any exchange of information between you and any third party. We recommend that you do not include any personally identifiable information as part of any Posting.
The Club is not responsible for any Posting to any of our Sites. Although the Club may monitor and/or review any Posting, the Club is not obligated to do so and the Club assumes no liability or obligation with respect to any Posting.
By submitting any Posting on any of our Sites, you represent and warrant that you are age 18 or over.
While the Sites contain links to third-party web sites, the Club is not responsible for the content of any linked sites, including advertiser sites, and does not own or control any such sites. The Club does not endorse any of these links but provides these links only as a convenience.
You agree not to establish any links to any of our Sites without the Club’s prior written consent. You agree not to frame or incorporate any of our Sites or any content on any of our Sites in another Web site without the Club’s prior written consent.
Access to Password Protected or Otherwise Secure Areas
Access to and use of any password protected or secure areas of our Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of our Sites may be subject to prosecution. You are solely responsible for maintaining the confidentiality of your password and for all activities which take place by use of your password.
Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from any of our Sites may be downloaded or otherwise exported in violation of United States law.
Disclaimers and Limitation of Liability
While the Club attempts to provide accurate information on our Sites, it assumes no responsibility for accuracy, including but not limited to typographical errors or omissions. USE OF THE SITES AND THE SITE FEATURES IS AT YOUR EXCLUSIVE RISK.
THE MATERIALS ON THE SITES ARE PROVIDED “AS IS.” THE CLUB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE.
THE CLUB DOES NOT WARRANT THAT (I) OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, (II) DEFECTS OR ERRORS IN OUR SITES WILL BE CORRECTED, (III) OUR SITES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) ANY INFORMATION CONTAINED ON ANY OF OUR SITES, INCLUDING INFORMATION OBTAINED THROUGH THE USE OF THE SITE FEATURES OR INFORMATION CONTAINED IN ANY POSTING, WILL BE COMPLETE, ACCURATE OR RELIABLE.
UNDER NO CIRCUMSTANCE WILL THE CLUB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, ANY OF OUR SITES OR THE SITE FEATURES.