CoolWallpaper.com Terms and Conditions
CoolWallpaper.com Software and Service Terms and Conditions
BY DOWNLOADING OR USING ANY OF COOLWALLPAPER.COM SERVICES (INCLUDING, WITHOUT LIMITATION, THE COOLWALLPAPER.COM PHOTO DOWNLOADING SERVICES, THE RELATED SOFTWARE, AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY COOLWALLPAPER.COM (COLLECTIVELY KNOWN AS THE COOLWALLPAPER.COM SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT YOU SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON AND DISCONTINUE YOUR USE OF THE COOLWALLPAPER.COM SERVICES.
PLEASE READ THESE COOLWALLPAPER.COM SERVICES AND COOLWALLPAPER.COM SITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR THE COOLWALLPAPER.COM SERVICES AND THE COOLWALLPAPER.COM SITE ("GUIDELINES"), THE COOLWALLPAPER.COM SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") AND COOLWALLPAPER.COM'S PRIVACY STATEMENT ("PRIVACY STATEMENT") BEFORE INSTALLING THE COOLWALLPAPER.COM SOFTWARE OR USING THE COOLWALLPAPER.COM WEBSITE ("SITE"). THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT MAY ALSO BE REFERRED TO COLLECTIVELY AS THE "RULES".
The Terms and Conditions, Guidelines, License Agreement and Privacy Statement may be found at the CoolWallpaper.com Site at: http://www.coolwallpaper.com/
If at any time you do not agree to be bound by these Rules and the scope of The CoolWallpaper.com Services you should immediately end your use of CoolWallpaper.com Services and destroy all copies of software provided by CoolWallpaper.com, including, if any, third party software and photos distributed by CoolWallpaper.com
CoolWallpaper.com may change the Rules and the scope of the CoolWallpaper.com Services in whole or in part, at any time without notice. Such changes will be posted on the CoolWallpaper.com Site and such posting will constitute notice to you. Links to the Rules can be found on the CoolWallpaper.com Site's Home Page, located at http://www.coolwallpaper.com Your continued use of CoolWallpaper.com Services after the posting of any such change constitutes your acceptance of all the changes.
1.0 Grant of License. CoolWallpaper.com hereby grants and you accept a nonexclusive license to use the Software in accordance with the terms of this Agreement.
2.0 All photographs and imagery contained within the CoolWallpaper.com Site and Software are either copyrighted by CoolWallpaper.com or the credited designer, photographer or image source as stated so. CoolWallpaper.com images cannot be used outside of the CoolWallpaper.com Site and Software unless permission is granted by CoolWallpaper.com or the credited designer, photographer or image source as stated so, and are for personal use only. Exporting images outside in anyway is expressly prohibited. No other distribution of the CoolWallpaper.com images is authorized.
3.0 Reservation of Rights. All rights not expressly granted to you by this License Agreement are hereby reserved by CoolWallpaper.com
4.0 It is understood and agreed that you shall NOT copy this software into any machine-readable or printed form except for archival or for backup purposes in accordance with the terms of this Agreement nor shall you reverse engineer, translate, disassemble, decompile, merge into another computer program, obscure or remove Licensor's copyright notice or otherwise modify the Software.
5.0 You may not rent, sell or lease the Software or any right or license granted under this Agreement.
6.0 Transfer of Software. You shall not sublicense, assign, or transfer the license or the Software or any rights under this Agreement without the prior written consent of CoolWallpaper.com Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.
7.0 Updates and New Versions. In the event that updates or new versions of the CoolWallpaper.com Software are developed, CoolWallpaper.com may, at its discretion, make such updates and new versions available to you upon payment of any required fees, and return of the original Software to CoolWallpaper.com. If the CoolWallpaper.com Software is updated and made available to you, you may use the CoolWallpaper.com Software update in accordance with the terms and conditions of this License Agreement.
8.0 Terms and Termination. This License Agreement is effective upon your opening the Software package, or its initial use if downloaded, and can be terminated for any violation in accordance with the terms herein. You may terminate this License Agreement at any time by returning the CoolWallpaper.com Software and all copies thereof and extracts there from to CoolWallpaper.com
9.0 Limited Warranty. CoolWallpaper.com warrants the disks or medium on which the CoolWallpaper.com Software program is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to Licensee, as evidenced by your receipt. You shall assume responsibility for the selection of the CoolWallpaper.com Software and for the installation, use, and results obtained from the CoolWallpaper.com Software. The entire risk as to the quality and performance of the CoolWallpaper.com Software is with you.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COOLWALLPAPER.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
10.0 Remedies. CoolWallpaper.com's entire liability and your exclusive remedy shall be:
The replacement of any disk or medium not meeting CoolWallpaper.com's "Limited Warranty" above and that is returned to CoolWallpaper.com with a copy of your receipt; or If CoolWallpaper.com is unable to deliver a replacement copy that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software product for a full refund of the purchase price.
11.0 Limitations of Liability. IN NO EVENT WILL COOLWALLPAPER.COM BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR OR ITS AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
In any event, CoolWallpaper.com's cumulative liability to you or any other third party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid by you to CoolWallpaper.com for the license and use of this Software.
12.0 Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in New York City, New York USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.
13.0 Links to Third Party Sites. The COOLWALLPAPER.COM SERVICES contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use CoolWallpaper.com's name and logo on these sites. CoolWallpaper.com does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by CoolWallpaper.com of the site or any association with their operators. Because CoolWallpaper.com has no control over such sites and resources, you agree that CoolWallpaper.com is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that CoolWallpaper.com shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
14.0 Integration. This Agreement constitutes the entire understanding of the parties relating to the license of the Software, and revokes and supersedes all prior agreements, oral or written, between the CoolWallpaper.com and you, and is intended as a final expression of the Agreement. It shall not be modified or amended except in a writing signed by an officer of CoolWallpaper.com and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
15.0 How to Contact Us
Specific questions about these Rules should be directed to: firstname.lastname@example.org A list of ways to contact CoolWallpaper.com is available at http://www.coolwallpaper.com/.
ęCopyright 2001 CoolWallpaper.com