PLEASE READ THE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING COOLSTART PRODUCTS (WEBSITE AND EXTENSIONS). THE TERMS CONSTITUTE AN AGREEMENT BETWEEN NEXTAD MEDIA GROUP AND YOU GOVERNING YOUR ACCESS TO AND USE OF OUR COOLSTART PRODUCTS. BY ACCESSING OR USING OUR PRODUCTS, YOU ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. CONTINUED USE OF OUR SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO. IN THE CASE OF OUR SOFTWARE PRODUCTS, ONCE INSTALLED, OUR SOFTWARE WILL AUTOMATICALLY LAUNCH EVERY TIME YOU EXECUTE YOUR COMPUTER'S INTERNET BROWSER PROGRAM.
SERVICES
Our services offered through our products are generally free of charge, except for the ones with explicit pricing.
CONTENT AND SOFTWARE OWNERSHIP AND PROPRIETARY RIGHTS
Our Products and contents ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade dress and other intellectual property rights associated with our products and the Content are the sole property of Cool Start or its affiliates or partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in our products. Cool Start does not convey, through allowing access to our products, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of our products or the Content.
UNINSTALL
You may uninstall our products at any time and without limitations.
PERSONAL IDENTIFIABLE INFORMATION (PII)
Our products collect the users' IP addresses with the sole purpose of geographic localization. The weather feature in our products use the IP to give you information of the weather in the particular location of the user. The information is in no way disclosed, sold, or in any other way given to third parties. No other personal information is collected. Aggregate and non-personally identifiable information on user activity based on views of merchant web sites, click-throughs of offer links, and conversions of offers may be shared with unaffiliated third parties: (1) for the purpose of documenting site activity; (2) to help advertisers and publishers serve and manage ads across the web and on our products and third party apps; (3) to better understand consumers, audiences, and market trends through predictive modelling and analytics.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR RIGHT TO USE OUR PRODUCTS WILL BE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISICOM MAY SEEK. THE USER MAY CANCEL HIS LICENSE TO USE OUR PRODUCTS BY UNINSTALLING AND DESTROYING OR ERASING ALL COPIES OF OUR PRODUCTS UNDER THEIR CONTROL.
DISCLAIMER OF WARRANTY
OUR PRODUCTS AND THE CONTENT AND THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOL START, ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND YOUR ABILITY OR INABILITY TO USE SITE, ITS CONTENT AND THE APPLICATIONS. COOL START AND ITS AFFILIATES, LICENSORS, PARTNERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, THE APPLICATIONS, RESULTS OBTAINED, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY COOLSTART IN THE TERMS. COOLSTART DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE, ITS CONTENT AND THE APPLICATIONS IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COOLSTART, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT, RESULTS OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COOLSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
INDEMNITY
You agree to defend, indemnify and hold harmless Cool Start, its affiliates, licensors, partners and suppliers, and their respective officers, directors, employees, agents and representatives from any and all claims, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising from Your use of our Products or violation of these Terms.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
LINK TO OTHER SITES
From time to time, Cool Start may provide links in our products that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by Cool Start. Cool Start makes no representations concerning the information provided nor does Cool Start endorse the products or services offered by these websites. Your use of these websites or their products or services is at your own risk. Cool Start expressly disclaims all liabilities associated with these third party websites and product or services. YouTube snippet will redirect you to YouTube website where apply their ToS (https://www.youtube.com/static?template=terms).
DMCA POLICY
Cool Start has approved the following actions to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement ("Designated Agent") is listed at the end of this policy.
Cool Start reserves the right to block access to or remove materials that are believed to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users. Cool Start also reserved the right to refuse service and remove those who repeatedly violate these rules.
If you consider that any content available on or reachable through this Service oversteps copyrights, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the copyright owner including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Notification to the Designated Agent:
It is our policy to remove or disable access to the infringing material; to notify the content provider, member or user that it has removed or disabled access to the material; and that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to the Service.
Counter-Notice By Content Provider:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Cool Start is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
If you want to contact our Designated Agent, please, send an email to [email protected]