Terms & Conditions
Terms & Conditions: Cool Condoms
Cool Enterprises, Inc. (Cool Condoms), (Us), (We) provides access to this website (“Site”) as a service to our [consumer] customers and business partners. We welcome visitors to our Site but want to make it clear that certain Terms and Conditions apply to your use of the Site. For purposes of these Terms and Conditions, “you” and “your” shall include not only you as user and the individual, person, or entity to whom access to this Web Site has been provided hereunder, but shall also include all individuals, persons, and/or other entities over which you exercise any degree of control or authority, or whose actions you control, authorize, facilitate, or otherwise permit. The sole authorized use of the Site is to obtain information about Cool Enterprises, Inc. (Cool Condoms)’s products and technologies. No other use is permitted. Please read these Terms and Conditions carefully before accessing or using any tools or content provided on our Site. The terms stipulated here constitute a legal agreement between you, as a visitor to our Site, and Cool Enterprises, Inc. (Cool Condoms). By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, just as if you had signed them. If you are not willing to be bound by these Terms and Conditions, you may not access the Site. Cool Enterprises, Inc. (Cool Condoms) may modify these Terms and Conditions at any time, and such modifications shall be deemed conclusive of your acceptance of the modified Terms and Conditions.
You acknowledge that the service we provide contains “Website Content,” which collectively refers to any of the following owned by Cool Enterprises, Inc. (Cool Condoms): any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined below). Our Website Content may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on our Site without prior notice.
The Rights We Grant to You
Cool Enterprises, Inc. (Cool Condoms) grants you the privilege of accessing and viewing the Website Content on this Site solely for your personal and informational use. Cool Enterprises, Inc. (Cool Condoms) may revoke such privilege at any time, with or without notice, for any reason or no reason. Any and all Website Content, software and other works on the Site and any reproductions of the foregoing (collectively, “Works”) are the copyrighted works of Cool Enterprises, Inc. (Cool Condoms) and/or its affiliates and suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Unauthorized use of Website Content and material – including any visible scripting, website templates, or other technology – violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Website Content on any copy you make of such material. You may not sell or modify our Website Content or reproduce, display, distribute, or otherwise use the Website Content or other Site material in any way for any public or commercial purpose. The names, marks and logos included in our Website Content are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to Cool Enterprises, Inc. (Cool Condoms) or one of its affiliates. Marks not belonging to us belong to their respective third-party owners and we claim no rights to them. The use of these marks or Website Content, except as expressly provided in these Terms and Conditions, is prohibited.
Rights to the Website Content
Cool Enterprises, Inc. (Cool Condoms) reserves the right to alter or delete Website Content or other material from our Site at any time.
All Website Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, or unless otherwise stated, is owned by Cool Enterprises, Inc. (Cool Condoms) or one of its affiliates, whether or not such rights are expressly identified in, or in connection with, such Website Content.
You understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site. Other than the limited grant of access to and viewing of the Website Content set forth above, Cool Enterprises, Inc. (Cool Condoms) grants you no other privileges or rights in any of the Website Content or Works. You acknowledge that any other use of the Website Content or Works, including without limitation, reproduction, distribution, transmission, republication, display or performance, without express written permission of Cool Enterprises, Inc. (Cool Condoms) is strictly prohibited.
Unless otherwise specified, you may not sell, rent, modify, reproduce, display, distribute, redistribute, republish, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use our Website Content, in whole or in part, in any way without our prior written consent.
The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered and unregistered trademarks of Cool Enterprises, Inc. (Cool Condoms) and others. You acknowledge that the Marks used and displayed on this Site are and shall remain the sole property of Cool Enterprises, Inc. (Cool Condoms) or the Mark owner. Unless you are expressly granted permission otherwise, nothing contained within this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license in and to the Marks. Your misuse of the Marks on this Site is strictly prohibited.
Improper Use of Our Site
You agree that you will not use our website to transmit or distribute, or cause to be transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme.
Disclaimer of Warranties
Although we strive for accuracy in all elements of the Site, and material provided therein, it may contain inaccuracies or typographical errors. We assume no liability or responsibility for, and make no representations about, the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using our website.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE. COOL ENTERPRISES, INC. (COOL CONDOMS) DOES NOT GUARANTEE OR WARRANT THAT FILES OR WEBSITE CONTENT AVAILABLE FOR DOWNLOAD FROM THIS SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
Your use of this Site is at your own risk. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above disclaimer includes damages to or viruses that may infect your computer equipment.
You agree to indemnify, defend and hold harmless Cool Enterprises, Inc. (Cool Condoms), its officers, directors, employees, agents, suppliers (and those of its affiliates) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, or any activity relating to your account (including negligent or wrongful conduct) by you or any other person accessing the Site on your account or behalf.
This Site contains links to websites owned by third parties. When you use these links, you will leave our Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. These links are provided solely as a convenience to you and are not an endorsement by us of the contents on those other sites, which may change at any time without notice to us. We aren’t responsible for the content of any linked sites, make no representations regarding the content or accuracy of materials on these sites, nor do we make any representations regarding the privacy practices, applications, admissions, hiring and employment practices, access to services, programs, institutions and services, or misuse of intellectual property found on third party sites.
This website originates from the United States of America. We make no representations that the information on our site is appropriate or available for use in any location outside of the United States.
Although Cool Enterprises, Inc. (Cool Condoms) may review communications by users or third parties posted on the Site, it is under no obligation to do so, and assumes no responsibility for such communications. Cool Enterprises, Inc. (Cool Condoms) reserves the right, but is not obligated, to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) fraudulent, deceptive, or misleading; (b) in violation of a copyright, trademark, or other intellectual property right of another; (c) abusive, defamatory, or obscene; or (d) offensive, objectionable or otherwise unacceptable to Cool Enterprises, Inc. (Cool Condoms) in its sole discretion.