Terms & Conditions
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the Cool Running service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Cool Sports, Inc.
1.2 Cool Sports, Inc., may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO: FEEDBACK@COOLRUNNING.COM (SEE SECTION 11.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Cool Running may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Cool Sports, Inc., may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. Cool Running CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on Cool Running (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, trademarks, trade secrets, patents or other proprietary rights and protected in all forms, media and technologies now or hereinafter developed. The Content is owned or controlled by and shall remain the property of Cool Running or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to US and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display or in any way exploit any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Cool Sports, Inc., or the copyright holder identified in the copyright notice contained in the Content.
2.4 You, not Cool Sports, Inc., or the party credited as the provider of the content, are liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from your failure to abide by the provisions of this Section 2.
3. FORUMS AND DISCUSSIONS
3.1 You shall not upload to, distribute or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, explicit, vulgar or otherwise illegal material.
3.2 The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of Cool Sports, Inc., distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You are solely responsible for the content of your messages. However, while Cool Sports, Inc., does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, Cool Sports, Inc., reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable.
3.4 You acknowledge that any submissions you make to the Service (e.g., letter to the editor, review, commentary or forum posting) may be edited, removed, modified, published, transmitted and displayed by Cool Sports, Inc., and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
3.5 By posting messages in the forums, you agree to follow the rules of etiquette established in the forums' rules of the road. Cool Running reserves the right to edit or remove messages that do not comply with these rules, and/or to deny service to users who do not comply with these established rules of etiquette.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 Cool Sports, Inc., contains links to other related World Wide Web Internet sites, resources and sponsors of Cool Running. Our decision to link to another website is not an endorsement of the content in that linked website. We are not responsible for the availability of the outside resources or content of any other website, nor do we make any warranties or representations regarding the content or accuracy of material on such websites. If you decide to access linked websites, you do so at your own risk. You should direct any concerns to the administrator or webmaster of that website.
5. REPRESENTATIONS AND WARRANTIES BY YOU
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen (13) years old. You hereby indemnify, defend and hold harmless Cool Sports, Inc., and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Cool Sports, Inc., reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
6.1 NEITHER COOL SPORTS, INC., NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY CONTRIBUTOR (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE CONTENT, NOR ITS FITNESS FOR ANY PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT.
THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL OF THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE, INSTRUCTION OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION, INSTRUCTION OR ADVICE. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
7. REGISTRATION AND SECURITY
7.1 As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that Cool Sports, Inc., in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
7.2 (a) You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit-card information.
7.3 You must be 13 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and subscriber ID with others, subject to Section 7.4.
7.4 You are responsible for all usage or activity on your Cool Sports, Inc., account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Cool Sports, Inc's sole discretion, and Cool Sports, Inc., may refer you to appropriate law enforcement agencies.
8. FEES AND PAYMENTS
8.1. Cool Sports, Inc., reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Cool Sports, Inc., requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), Cool Sports, Inc., will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by Cool Sports, Inc., or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
9. COMMUNICATIONS BETWEEN COOL SPORTS, INC., AND SUBSCRIBERS
9.1 Unless you indicate on your registration form that you do not want to receive such information, Cool Sports, Inc., its owners and assigns reserve the right to allow certain third party vendors to provide you with information about products and services.
9.2 Cool Sports, Inc., reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
9.3 Cool Sports, Inc., reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information please read the privacy statement of Cool Sports, Inc.
10. SOFTWARE LICENSES
10.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Cool Sports, Inc., and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from Access Software.
11.1 You may terminate your account at any time by sending e-mail to: email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated.
11.2 Cool Sports, Inc., may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
12.1 This Agreement has been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce this agreement shall be brought in the federal or state courts located in the Commonwealth of Massachusetts.
12.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in the privacy statement of Cool Sports, Inc.
12.3 Official correspondence must be sent via postal mail to:
Cool Sports, Inc
22 Winsor Drive
Dracut, Massachusetts 01826
12.4 You agree to report any copyright violations of the Subscriber Agreement to Cool Sports, Inc., as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify David Camire, Cool Sports, Inc., 22 Winsor Drive, Dracut, Massachusetts 01826; 978-957-4230;. (Please direct all general questions by visiting us at our contact page and selecting general feedback department.)