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CoolHomepages.com
User Agreement
Welcome
to CoolHomepages.com. CoolHomepages.com provides the CoolHomepages.com
web development services ("CoolHomepages.com") to you ("you"),
subject to the terms of this agreement. As part of CoolHomepages.com,
CoolHomepages.com maintains a World Wide Web site, www.CoolHomepages.com
(the "Web Site"). The following are the terms and conditions
for use of CoolHomepages.com and the Web Site, along with
any amendments thereto, and any operating rules or policies
that may be published from time to time by CoolHomepages.com
(collectively, the "CoolHomepages.com Agreement" or "Agreement").
Please read them carefully. The term "Member" in this Agreement
refers to any person or entity that has entered into this
Agreement with CoolHomepages.com. You must be at least 18
years of age to accept this Agreement. CoolHomepages.com may
require that the registrant provide sufficient information
to indicate that the registrant is an adult. Minors should
access CoolHomepages.com only by having their parent or legal
guardian register for them and open an account that the parent
or legal guardian authorizes the minor to use. BY ACCESSING
OR USING THIS SITE OR IT'S CONTENTS, YOU ARE STATING THAT
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT. CoolHomepages.com may elect at its sole discretion
to monitor some, all or none of the areas of CoolHomepages.com
for adherence to this Agreement or for any other reason.
1.
ACCOUNT INFORMATION.
(i)
Registration. You agree to provide CoolHomepages.com with
ongoing, accurate, complete, and updated registration information
when you register. Failure to do so constitutes a breach of
this Agreement and unauthorized access to
CoolHomepages.com, and may result in immediate termination
of your account and subject you to civil and/or criminal liability.
(ii)
Master Account. When you register online for CoolHomepages.com,
you will receive a password and a master account ("Master
Account"). You are entirely responsible for any and all activities
conducted through your Master Account and any Member-names
under your Master Account. You may permit another individual
to use your Master Account subject to your supervision and
assumption of all resulting liabilities. You agree to notify
CoolHomepages.com immediately of any unauthorized use of your
password or any of your accounts, or of any other breach of
security.
(iii)
Passwords. Upon your registration as a Member of CoolHomepages.com,
you will select a password. You are responsible for maintaining
the confidentiality of your password and are liable for any
harm resulting from disclosing or allowing disclosure of any
password or from use by any person of your password to gain
access to your Master Account(s). At no time should you respond
to an online request for a password, except when prompted
by the CoolHomepages.com sign in or for special CoolHomepages.com
promotional programs. CoolHomepages.com employees will never
ask for your password online. YOU ARE FULLY LIABLE FOR ALL
CHARGES AND ACTIVITY, IF ANY, UNDER YOUR MASTER ACCOUNT(S),
INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNT(S).
(iv)
Member Names. Upon your registration as a Member of CoolHomepages.com,
you may be asked to choose a Member name to identify yourself
to other Members and CoolHomepages.com staff. You may not
select or use a Member name of another person (unless it is
also your name), or a name which violates any third party's
trademark right, copyright, or other proprietary right, which
is or may be illegal, which may cause confusion, or which
CoolHomepages.com deems in its discretion to be vulgar or
otherwise offensive. CoolHomepages.com reserves the right
to delete any vulgar or otherwise offensive Member name, or
to require deletion thereof.
(v)
Former Members. Members whose accounts have been terminated
by CoolHomepages.com may not access CoolHomepages.com in any
manner or for any reason without the express written permission
of CoolHomepages.com. Active Members may not knowingly allow
former Members who have been terminated to use the active
Members' accounts.
2.
MEMBER PRIVACY.
It
is CoolHomepages.com's policy to respect the privacy of its
Members.
Please
refer to CoolHomepages.com's PRIVACY
POLICY for more information. You agree that:
CoolHomepages.com
may access and disclose any information about you, your accounts,
or any content you provide on our site if CoolHomepages.com
believes in good faith that such action is reasonably necessary
to enforce this Agreement or its copyright policy, to comply
with the law, to comply with legal process, to operate its
systems properly, to protect itself, its Members, or others,
or as stated in the Privacy Policy.
3.
PROPRIETARY RIGHTS TO CONTENT
You
acknowledge that:
- CoolHomepages.com
may contain music, voices, sounds, games, information, communications,
software, text, photos, video, graphics, and other material
and services (collectively, "Content"), and
- such
Content may be provided under license by independent content
providers ("ICPs"), including, but not limited to, content
publishers and other Members. You, and any user of your
Master Account, must evaluate, and bear the risk associated
with, the accuracy, completeness or usefulness of any Content.
CoolHomepages.com does not pre-screen Content as a matter
of policy, but CoolHomepages.com and ICPs shall have the
right, but not the responsibility, to remove Content which
is deemed in their discretion harmful, offensive, or otherwise
in violation of this Agreement. Such removal may be immediate
and without notice.
You
acknowledge that:
- CoolHomepages.com
permits access to Content that is protected by copyrights,
trademarks, service marks, patents, rights of publicity,
or other proprietary rights owned by CoolHomepages.com or
third parties (collectively, "Rights"),
- these
Rights are valid and protected in all media existing now
or later developed, and
- except
as is explicitly provided otherwise, your use of Content
shall be governed by generally applicable copyright and
other intellectual property laws. You may make a copy of
non-audio and non-video Content for your personal, non-commercial
use only, provided that you keep all copyright or other
proprietary notices intact. State and/or federal law may
prohibit you from making a copy of audio or video chat,
and you therefore agree not to record, reproduce, or download
any conversation or video images through CoolHomepages.com
without the permission of all parties to the conversation
or participants in the video. You may not otherwise modify,
copy, reproduce, republish, upload, post, transmit, sell,
publish, broadcast, create derivative works from, perform,
or distribute in any way Content available through CoolHomepages.com,
including code and software, without express prior written
consent. You agree that you may upload or otherwise transmit
on or through CoolHomepages.com only Content that is not
subject to any Rights, or Content in which any holder of
Rights has given you express authorization for distribution.
CoolHomepages.com, in its sole discretion, may remove Content
that appears to infringe the intellectual property rights
of others, and also may terminate the accounts of Members
who have posted infringing material. Please refer to our
Copyright Notice for more information. Unless specified
otherwise in your upload or transmission, by submitting
Content to any area of the CoolHomepages.com Web Site you
automatically grant -- or warrant that the owner of such
Content has expressly granted - CoolHomepages.com, its successors
and assigns a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
display and sublicense such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full
term of any Rights that may exist in such Content. You also
grant CoolHomepages.com the right to authorize the downloading
and printing or broadcasting of such material or any portion
thereof, by end users for their personal use. Without limiting
the foregoing, if you participate in CoolHomepages.com's
activities, you additionally give CoolHomepages.com your
consent to record, reproduce or download your conversations
or video images you have provided on the site, and to use,
copy, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and sublicense
your audio conversations or video images provided by you
for promotional purposes, or if CoolHomepages.com believes
in good faith that such action is reasonably necessary to
enforce this Agreement or its copyright policy, to comply
with the law, to comply with legal process, to operate its
systems properly, or to protect itself, its Members, or
others.
3.
(see 4.)
4.
ETHICS/FRAUD
FTC
regulations as well as many state laws prohibit firms and
consigning sellers from placing quotes on their own behalf
in order to increase or decrease the selling price. All Request
For Proposals (RFP) at CoolHomepages.com are managed by systems
according to well-defined rules. CoolHomepages.com reserves
the right to monitor quote and RFP activity to ensure a fair
process. CoolHomepages.com also reserves the right to reject
any quote or RFP deemed to be made in bad faith, or that may
be in violation of local laws, taxes or restrictions. It is
a violation of the law to make quotes or RFPs under a false
name. We strongly advise - not to test the auction with false
quotes, as it will result in substantial, personal legal risk.
Persons
who commit fraudulent activity will be prosecuted to the fullest
extent of the law. Web browsers transmit a unique address
that can be used by law enforcement officials to identify
fraudulent activity. Both the FBI and the US Secret Service
are responsible for investigating Internet fraud cases.
5.
DISCLAIMER
OF WARRANTY
To
the maximum extent allowed by law, CoolHomepages.com, its
licensors and subcontractors do not warrant any connection
to, compatibility with, transmission over, nor results or
use of, any network connection or facilities provided (or
failed to be provided) through CoolHomepages.com. From time
to time the porting of particular content may not be feasible
and CoolHomepages.com may remove any such content from its
Web Pages without any liability to Member. Member is responsible
for assessing its own computer and transmission network needs,
and the results to be obtained therefrom.
YOU
EXPRESSLY AGREE THAT USE OF CoolHomepages.com, ALL SOFTWARE
DISTRIBUTED
BY CoolHomepages.com, AND THE INTERNET ARE AT YOUR SOLE RISK.
CoolHomepages.com AND ALL SOFTWARE DISTRIBUTED BY CoolHomepages.com
AND ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER
EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT CoolHomepages.com
DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED BY THIRD PARTIES THROUGH CoolHomepages.com.
CoolHomepages.com IS NOT RESPONSIBLE FOR CONTENT PROVIDED
BY THIRD PARTIES, AND ASSUMES NO RESPONSIBILITY FOR AND MAKES
NO WARRANTY OR
REPRESENTATION
AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR
USEFULNESS OF CONTENT DISTRIBUTED THROUGH CoolHomepages.com.
CoolHomepages.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
PRODUCT OR SERVICE OFFERED THROUGH CoolHomepages.com BY ANY
THIRD PARTY, WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND
WILL NOT BEAR ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES,
POLICIES OR ACTIONS. MEMBERS USING ANY SUCH PRODUCTS AND SERVICES
MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS RELATING
TO THE USE OF SUCH THIRD PARTY CONTENT, SOFTWARE OR SERVICES
AND FAILURE TO ABIDE BY THOSE ADDITIONAL TERMS AND CONDITIONS
MAY RESULT IN TERMINATION OF MEMBERSHIP. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, CoolHomepages.com EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT
TO THE CoolHomepages.com SERVICE, ALL SOFTWARE DISTRIBUTED
BY CoolHomepages.com, OR THE INTERNET. CoolHomepages.com MAKES
NO WARRANTY THAT CoolHomepages.com WILL MEET YOUR REQUIREMENTS,
NOR THAT CoolHomepages.com WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. CoolHomepages.com DOES NOT MAKE ANY
WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF CoolHomepages.com. CoolHomepages.com
ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY MEMBER,
INCLUDING, BUT NOT LIMITED TO, FAILURE OF CONTENT TO BE PORTED
TO CoolHomepages.com DESPITE ADVERTISING TO THE CONTRARY,
LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN
TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION,
OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CoolHomepages.com,
ITS LICENSORS AND SUBCONTRACTORS, OR MEMBER'S OWN ERRORS AND/OR
OMISSIONS.
CoolHomepages.com
makes no warranty with respect to any related software or
hardware used or provided by CoolHomepages.com in connection
with CoolHomepages.com. Any patent, copyright, trademark,
trade secret or warranty infringements, whether actual or
alleged, are the direct responsibility of the manufacturer
of said hardware or software product. CoolHomepages.com assumes
no responsibility for any actions or liabilities arising from
the possession or use of these software or hardware products.
CoolHomepages.com makes no warranty that defects in the software
will be corrected or that the Web Site or the server that
makes it available is free of viruses or other harmful components.
No advice or information, whether oral or written, obtained
by you from CoolHomepages.com or through CoolHomepages.com
shall create any warranty not expressly stated herein. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
6.
LIMITATION OF LIABILITY
YOU
ACKNOWLEDGE THAT CoolHomepages.com SHALL NOT ASSUME OR HAVE
ANY LIABILITY FOR ANY ACTION BY CoolHomepages.com OR ITS ICPs
OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION
OR CONTENT ON CoolHomepages.com. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL CoolHomepages.com BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS,
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS, EVEN IF CoolHomepages.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION
WITH CoolHomepages.com OR WITH ANY OTHER PRODUCT OR SERVICE
PROVIDED BY CoolHomepages.com, OR RESULTING FROM THE USE OF
OR THE INABILITY TO USE CoolHomepages.com, OR FROM ANY GOODS
OR SERVICES PURCHASED OR OBTAINED OR TRANSACTION ENTERED INTO
THROUGH OR FROM CoolHomepages.com, OR FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT.
YOU SPECIFICALLY AGREE THAT CoolHomepages.com IS NOT RESPONSIBLE
OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR SPEECH OF ANY OTHER
PARTY OR ANY INFRINGEMENT OR VIOLATION OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY,
OR RIGHTS OF PRIVACY.CoolHomepages.com'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF CoolHomepages.com
AND ALL SOFTWARE DISTRIBUTED BY CoolHomepages.com SHALL BE
THE
REPLACEMENT
OF ANY SOFTWARE DEVELOPED BY OR FOR CoolHomepages.com WHICH
IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY CoolHomepages.com.
CoolHomepages.com'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT
IS LIMITED SOLELY TO $10. SOME
STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CERTAIN DAMAGES; IN SUCH STATES CoolHomepages.com'S LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7.
INDEMNIFICATION
You
agree to defend, indemnify and hold harmless CoolHomepages.com,
its parents, subsidiaries, affiliated companies, officers,
employees, licensees, distributors and ICPs from all losses,
liabilities, claims, demands, damages or expenses, including
reasonable attorney's fees, (i) arising from breach of this
Agreement, or arising in connection with the transmission
by or through your Master Account(s) of any Content on CoolHomepages.com,
or (ii) asserted by any third party due to or arising from
or in connection with your use of or conduct on CoolHomepages.com.
CoolHomepages.com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you hereunder, which
shall not excuse your indemnity obligations.
8.
TERMINATION
Either
you or CoolHomepages.com may terminate your account with CoolHomepages.com
at any time with or without cause. Your only right with respect
to any dissatisfaction with any (i) Agreement term or policy
or practice of CoolHomepages.com in operating CoolHomepages.com,
(ii) Content available through CoolHomepages.com or change
therein, or (iii) amount or type of fees or billing methods,
or change therein, is to terminate your account with CoolHomepages.com
by notifying CoolHomepages.com Member Support of your desire
to terminate by email. Prior to any such charges being levied
you will be prompted to accept any such charges and submit
your billing information. Your notice of termination will
be effective upon receipt by CoolHomepages.com, or upon receipt
of confirmation if confirmation is requested. If your Master
Account(s) are terminated or canceled, no refund of any CoolHomepages.com
services or special event fees will be granted.
9.
IMPERMISSIBLE CONDUCT
You
may not engage in conduct or communication while using CoolHomepages.com
which is unlawful or which restricts or inhibits any other
user from using or enjoying CoolHomepages.com. You agree to
use CoolHomepages.com only for lawful purposes. You agree
to abide by all applicable local, state, national and international
laws and regulations. Any conduct by you that in CoolHomepages.com's
sole discretion restricts or inhibits any other Member, person
or entity from using or enjoying CoolHomepages.com or another
service will not be permitted and shall entitle CoolHomepages.com
to immediately terminate your membership without notice. CoolHomepages.com
reserves the right to terminate your membership if it determines
in its sole discretion that you have engaged in any impermissible
conduct. CoolHomepages.com reserves the right to exercise
whatever means it deems necessary to prevent unauthorized
access to our service, including, but not limited to, technological
barriers, IP mapping, and direct contact with your Internet
Service Provider (ISP). Set forth below by way of example,
and not as a limitation, are some common examples of impermissible
conduct, which may result in termination of your membership.
This list is not exhaustive. CoolHomepages.com reserves the
right, but does not assume the responsibility, to restrict
conduct which CoolHomepages.com deems in its discretion to
be harmful to individual Members, damaging to the communities
which use CoolHomepages.com, or in violation of CoolHomepages.com's
or any third party's rights. You acknowledge that audio, video
and text communications over CoolHomepages.com may be posted
on one of CoolHomepages.com's message boards or libraries,
and CoolHomepages.com cannot, and does not intend to, review,
screen or edit communications, except with respect to Buyer/Vendor
match and work-for-hire notification.
You
may not post material or use CoolHomepages.com to:
- harass,
threaten, embarrass or cause distress, unwanted attention
or discomfort upon another user of CoolHomepages.com or
other person or entity,
- post,
broadcast, or transmit sexually explicit images or other
content which is deemed by CoolHomepages.com to be offensive
or harmful to minors,
- post,
broadcast, or transmit any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful,
or otherwise objectionable Content, including but not limited
to material based on a person's race, national origin, ethnicity,
religion, gender, sexual orientation, disablement or other
such affiliation, even if masked by symbols or other characters,
- impersonate
any person or the voice of any person, including but not
limited to, an CoolHomepages.com official or employee, communicate
under a false name or identity or a name that you are not
entitled or authorized to use, in any form of online communication,
including, but not limited to, Member names, Member profiles,
audio, video, text or graphic chat and message postings,
- post
or transmit chain letters, pyramid schemes, junk mail, spam
or any duplicative or unsolicited messages (commercial or
otherwise),
- post
or transmit any unsolicited advertising, promotional materials,
or other forms of solicitation to other Members, individuals
or entities, except in those areas that are designated for
such a purpose,
- violate
any operating rule, regulation, procedure, policy or guideline
of any other interactive service, or interfere with or disrupt
networks connected to CoolHomepages.com,
- intentionally
or unintentionally violate any applicable local, state,
national or international law or regulation,
- modify
any files which CoolHomepages.com does not specifically
authorize you to modify,
- modify
or deface any CoolHomepages.com web pages,
- knowingly
distribute a virus, worm, Trojan horse, time bomb, cancelbot,
or other destructive program,
- knowingly
distribute software or content in violation of any license
agreement,
- violate
any U.S. law regarding the transmission of technical data
or software exported from the United States,
- harvest
or otherwise collect information about others, including
e-mail addresses, without their consent,
- transmit,
post, broadcast, publicly display, perform, copy, distribute,
download, alter, make a derivative work from ,or use any
material that may infringe the intellectual property rights
or other rights of third parties, including trademark, copyright,
trade secret, patent, right of publicity, or right of privacy,
without the express permission of the Rights holder,
- attempt
to gain unauthorized access to CoolHomepages.com, other
member accounts, computer systems or networks connected
to CoolHomepages.com, through password mining or any other
means, or
- use
the HTML capabilities of your profile to negatively affect
another member's experience.
If
you witness any conduct that violates CoolHomepages.com's
terms of conduct, CoolHomepages.com encourages you to contact
CoolHomepages.com Customer Service through any means described
on the Web Site. If you believe that your copyright in any
material has been infringed on the CoolHomepages.com site,
please notify our Agent for Notice of copyright complaints.
CoolHomepages.com will handle information you provide in its
sole discretion, and does not guarantee any action based on
such information.
10.
ENTIRE AGREEMENT; MODIFICATION OF AGREEMENT
This
Agreement comprises the entire agreement between CoolHomepages.com
and you, and supersedes any prior agreements between you and
CoolHomepages.com with respect to the subject matter hereof
or thereof. However, you are subject to any additional terms
and conditions of which you are notified and/or which may
apply when using third party content, software or services.
CoolHomepages.com reserves the right, at its discretion, to
revise this Agreement at any time, and such revision shall
be effective immediately upon the posting of the revised Agreement
at the Web Site on www.CoolHomepages.com. You agree to review
the Agreement periodically to become aware of such revisions.
If any such revision is unacceptable to you, you may terminate
your membership as provided in Section 8. Your continued use
of CoolHomepages.com following posting of the revised Agreement
on the Web Site shall be conclusively deemed to be acceptance
of all such revisions.
Questions?
Please contact customer service at Questions@CoolHomepages.com
CoolHomepages.com
is located at:
2919 Bellows Ct, Davis, California 95616
Call
us at 530-297-7845, Monday through Friday. |