Last Updated: June 10, 2024
Welcome to CoolShady (the “Website”). These Terms and Conditions (“Terms”) govern your use of the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.
1. Acceptance of Terms
By accessing or using the Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Website.
2. Changes to Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
3. Use of the Website
3.1. Eligibility
You must be at least [18] years old to use this Website. By using the Website, you represent and warrant that you are at least [18] years old.
3.2. User Accounts
To access certain features of the Website, you may need to register for an account. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
3.3. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Website for any unlawful purpose.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available.
- Transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, or other harmful code.
- Attempting to gain unauthorized access to the Website or any part of it, other accounts, computer systems, or networks connected to the Website.
4. Content
4.1. Proprietary Rights
All content on the Website, including text, graphics, images, and other material, is the property of CoolShady or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or display any portion of the content without our prior written consent.
4.2. User-Generated Content
You may be able to submit comments, posts, and other content to the Website. By submitting content, you grant CoolShady a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary rights to use and grant us the rights in such content.
4.3. Content Standards
All user-generated content must comply with the following content standards. Content must not:
- Be defamatory, obscene, offensive, hateful, or inflammatory.
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any copyright, database right, or trademark of any other person.
- Be likely to deceive any person.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
5. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by CoolShady. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CoolShady shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
6. Disclaimer of Warranties
The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, CoolShady disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CoolShady does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects in the Website will be corrected.
7. Limitation of Liability
To the fullest extent permitted by law, in no event shall CoolShady, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Website by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not CoolShady has been advised of the possibility of such damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless CoolShady, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your violation of any rights of another party.
