|Please make sure you have
read the Terms of Service before you subscribe to this website. It is
your responsability to read this document and to comply with all the
THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN
YOU ("YOU" OR "YOUR") AND Cool-Download.com ("Cool-Download.com",
"OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE Cool-Download.com
WEB SITE (THE "SITE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO
PURCHASE. BY ACCESSING THE SITE, YOU ARE CONSENTING TO BECOME A PARTY
TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
AS OUTLINED IN THIS LEGAL NOTICE.
Cool-Download.com reserves the right to change these terms and
conditions from time to time at its sole discretion, without prior
notice, by posting such revised terms and conditions on the Site. It
is Your obligation to routinely review these terms and conditions and
Your continued use of the Site following any such change (whether or
not You have reviewed such change) constitutes Your binding acceptance
to follow and be bound by the terms and conditions as changed.
TERMS OF SERVICE
1. Cool-Download.com makes no claim to ownership or proprietary
interest in any of the websites and/or software it recommends. We do
not re-sell or license software downloaded from other sites.
2. We urge you to share responsibly. Copyright law protects original
works of authorship, including literary, dramatic, musical, artistic,
and certain other intellectual compositions. Persons who reproduce,
distribute, or publicly perform or display works without a copyright
owner's consent, may be in violation of the law. You are responsible
for your conduct and for ensuring that it complies with all applicable
copyrights or other intellectual property rights and data-protection
and privacy rights.
3. You agree that you will not transmit or access any data that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party and agree to indemnify and hold
harmless Cool-Download.com from their claims if you do.
4. Your membership may not be assigned or transferred. Sharing or
distributing user names or passwords will result in immediate
termination of service. The material on this site is for private,
non-commercial use only. All other use is prohibited.
5. Refunds are issued only in cases where the website is inaccessible.
We are a service website and do not issue refunds for dissatisfaction
with software. We provide an organized website with links to third
party software, and do not claim responsibility for damages incurred
while using this third party software.
6. Cool-Download.com IS NOT LIABLE FOR ANY FURTHER AMOUNTS, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE
LOSSES. IN NO EVENT SHALL Cool-Download.com's TOTAL LIABILITY TO YOU
FOR ALL DAMAGES EXCEED THE AMOUNT OF YOUR PAYMENT TO Cool-Download.com.
7. ALL MATERIALS, INFORMATION 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.
8. Cool-Download.com reserves the right to change or modify any of
these Terms of Service. Your continued use of the site after following
these changes will constitute your acceptance of them.
The fee assessed by Cool-Download.com entitles You to access the
location, evaluation, and or recommendation of software products
available from the web site and for the installation and technical
support provided. All software recommendations refer to software that
is available without charge to individuals at large for specific
purposes. The service makes no download speed performance guarantees
or the availability of specific files for download on the peer to peer
network. Website has no 3rd party copyrighted music on server.
You are responsible for obtaining and maintaining all computer
hardware, software, firewall configurations and communications
equipment needed to access the Service.
You agree not to: (a) upload, transmit, post, email or otherwise make
available to the Site, any content or other material in any format
that: (b) is false, inaccurate, unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of
anothers privacy, libelous and/or otherwise objectionable; (c)
infringes any third partys intellectual property; or (d) contains
viruses, worms, Trojan horses, corrupted files, or any other similar
software or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment. You agree that you will not transmit or
access any data that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party and agree to
indemnify and hold harmless Cool-Download.com from their claims if you
Subject to the terms hereof, Cool-Download.com will provide you with
email support services for the Service and associated software. Under
no circumstances will Cool-Download.com have any obligation to provide
you with hard-copy documentation, upgrades, enhancements,
modifications, or phone support.
You will be charged for a single fee to become a registered user of
our site, and be able to make use of our services. You will not be
charged back, even if your account expires, unless you decide to
register again. Your account will be considered delinquent if your
credit card company or bank refuses for any reason to pay the amount
billed to it. Disputing a charge does not release you from a legally
You can cancel your account anytime with no further obligation by
contacting our technical support center. Cancellation of an account
does not imply a refund or a charge, it only implies termination of
The service does not offer free trials as such the one-time charge is
nonrefundable after logging into the members area of the website.
Cool-Download.com is a service website and does not issue refunds for
dissatisfaction with software recommendations.
TECHNOLOGICAL AND USE LIMITATIONS
Cool-Download.com will make reasonable efforts to keep the Site
operational. However, certain technical difficulties or routine site
maintenance/upgrades may, from time to time, result in temporary
service interruptions. Cool-Download.com also reserves the right at
any time and from time to time to modify or discontinue, temporarily
or permanently, functions of the Service with or without notice. You
agree that Cool-Download.com shall not be liable to you or to any
third party for any of the direct or indirect consequences of any
modification, suspension, discontinuance of or interruption to the
INTELLECTUAL PROPERTY RIGHTS
Cool-Download.com makes no claim to ownership or other control or
rights to any software recommended by the Service. None of the fee
entitles You, as a Purchaser to any ownership, licensing rights or
recourse with regard to use of the software other than those rights
offered by the software owners or licensees.
You agree that Cool-Download.com, in its sole discretion, may
terminate your ID, password, account (or any part thereof) or use of
the Service for any reason, including, without limitation, if Cool-Download.com
believes that you have violated or acted inconsistently with the
Agreement. Cool-Download.com may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to
the Service under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that Cool-Download.com
may immediately deactivate or delete your account and any further
access to the Service. Termination shall not relieve you of any
obligations to pay accrued charges.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO
NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES
REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED
THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
OF THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING
IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL
NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
The failure of either party to exercise in any respect any right
provided for herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated
to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable. In any action or
proceeding to enforce rights under this Agreement, the prevailing
party will be entitled to recover costs and attorneys fees.