CoolMedia.com

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. You agree to abide by our User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the User Conduct Rules, which you should review, can be found below. User Conduct Rules By using information services that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language or otherwise violates any laws; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any employee or representative of coolmedia.com. You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number or name of their school. coolmedia.com generally does not pre-screen, monitor, or edit the content posted by users on or through this site. However, coolmedia.com and its agents have the right at their sole discretion to remove any content that, in coolmedia.com's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. coolmedia.com is not responsible for any failure or delay in removing such content. This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of coolmedia.com, and you acknowledge that coolmedia.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by coolmedia.com or any association with its operators. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by coolmedia.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from coolmedia.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of coolmedia.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us. By posting or submitting content to this site, you: grant coolmedia.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by coolmedia.com will not infringe or violate the rights of any third party. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COOLMEDIA.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL COOLMEDIA.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COOLMEDIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COOLMEDIA.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Upon a request by coolmedia.com, you agree to defend, indemnify, and hold harmless coolmedia.com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or technology provided through this site. coolmedia.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with coolmedia.com in asserting any available defenses. coolmedia.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and coolmedia.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and coolmedia.com with respect to this site and technology gained through this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You understand that coolmedia.com provides no free assistance, including any technical or customer support, in the use of the Software or Technology gained through this site, and that your use of the Software and Technology is at your own risk. The Software and Technology is provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. coolmedia.com is in no way liable for any claims arising from your use of the Software or Technology. As a condition of your use, you agree to indemnify coolmedia.com for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software or Technology. coolmedia.com reserves the right, in its sole discretion and at any time, to modify or discontinue the Software and Technology; limit, terminate or suspend your use of the Software or Technology; assess charges for the use of the Software or Technology in the future; and/or make changes to this Registration Agreement. TERMINATION coolmedia.com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice. BILLING AND INVOICING All products and services purchased online or over the telephone require a minimum 1/3 total cost deposit at the point and time of sale. All other payments are due at phase completion (1/3 Development Phase, 1/3 Final Phase). For more information contact coolmedia.com at (562) 682-8662 or info@coolmedia.com Requesting Permission to use Copyrighted Materials This website contains documents (including product information, help files, articles, etc.), photos, icons, and other copyrighted materials owned by us or our content providers. The following information applies only to materials we own. You must contact the copyright owner for permission to use third party materials. Do I Need Permission? You are authorized to view, copy, download, and print for personal use only any copyrighted materials we own that are available on this web site, subject to the following conditions: The documents may be used solely for personal, noncommercial, and informational purposes. They may not be posted or distributed. The documents may not be modified. All copyright and other proprietary notices must be retained in the document. This permission does not extend to materials owned by other content providers that appear on this web site. You may not reproduce, copy, or redistribute the design or layout of this website, individual elements of the website design, or our logos without our express written permission. Permission for Commercial Use Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without our express written permission. Permission is granted only when certain limited criteria are met. To request such permission please send email to info@coolmedia.com Please identify the requested material and the website page on which it is found in the subject line of an email to coolmedia.com. Include all of the following information in the body of the message: The content you wish to use and the URL where it is located. Where and how it will be used (for example, in an Internet use manual, in a newsletter, or in a movie). Where and how copies will be distributed and to what audience. How many copies will be produced and distributed. When you intend to publish, and your deadline for a response (no shorter than 1 week please). Other materials that will be associated with our content. Your name, title, company, address, email address, and phone number. In addition, please provide an example or mockup of the intended use, either by sending a file attached to your email (in a format readable with a PC), or by fax to (253) 660-3338. We will need all of the above in order to evaluate your request. Please expect 7 to 10 days for processing all requests. We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of our copyrighted material. Any modification of software, code, or media in any format by the client (customer) of software, code, or media in any format designed and/or engineered by coolmedia.com for the client (customer) will VOID all warrant ability and responsibilities (should they exist) of coolmedia.com and the client (customer) forfeits any and all claims regarding functionality or claims of loss of any kind due to damage of any kind resulting from the software, code, or media in any format.