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Terms Of Service.
 
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 rules included.

ACCEPTANCE OF TERMS OF USE

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.

MODIFICATION

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 SERVICE

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.

YOUR CONDUCT

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 do.

SUPPORT

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.

PAYMENT

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 binding contract.

CANCELLATION

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 service.

REFUNDS

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 Service.

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.

TERMINATION

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.

MISCELLANEOUS

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.


 

 
 
 
 

Copyright 2002-2008 - www.cool-download.com All rights reserved.

www.cool-download.com a subsidiary of
TRAFFIC MONETIZE LLC
2 South Orange Ave, Orlando, Florida, 32801. USA
Office #: 1-407-985-5950
FAX #: 1-407-264-8779

 

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