This Agreement (“Agreement”) is a legal and binding agreement between users (“you”) and CoolwareMax (“we”, “us” “our”) regarding the use of Face Off Max Website (“Website”) and Face Off Max Software (“Software”). Please read these terms carefully before you visit the Website and install the Software. If you do not agree to any of these terms, please stop visiting the Website or installing the Software. Your continue using of the Website and Software indicate that you have read, understood and agreed to all these terms. From then on, your behaviours concerning the Website and Software will be bound by the terms and conditions.
Users acknowledge and agree that the operation of the Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. CoolwareMax shall not be responsible to users or others for any such interruptions, errors or problems or an outright discontinuance.
Users acknowledge and agree that all Content available on the Website and in the Software is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Except as expressly authorized by CoolwareMax, users agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or Content available on the Website and the Software, or otherwise use any Content, copyrights, trademarks or intellectual property of CoolwareMax in any way without CoolwareMax's prior written consent. Users also agree not to retrieve data or other Content or any materials from the Website and Software to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use any of Face Off Max Content, names or trademarks as metatags on other websites. Users agree not to display any of the Website in a frame (or any of our Content via in-line links) without CoolwareMax expressing written permission.
GENERAL USE OF THE WEBSITE: PERMISSIONS AND RESTRICTIONS
A. You agree not to violate any applicable law or regulation.
B. You agree not to provide false or inaccurate personal information.
C. You agree not to use the Website, for any commercial use, without the prior written authorization of CoolwareMax. Prohibited commercial uses include any of the following actions taken without CoolwareMax expressing approval:
* sale of access to the Website or its related services on another website.
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue.
* use of the Website or its related services that CoolwareMax finds, in its sole discretion, to use CoolwareMax’s resources or User Submissions with the effect of competing with or displacing the market for CoolwareMax, Face Off Max Content, or its User Submissions.
D. Prohibited commercial uses do not include:
* upload an original submission to the Website, or maintain an original channel on the Website to promote your business or artistic enterprise.
* any use that CoolwareMax expressly authorizes in writing.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Face Off Max servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. CoolwareMax grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CoolwareMax reserves the right to revoke these exceptions either generally or in specific cases.
F. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. You agree not to interfere with or damage any of the Face Off Max Websites, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
USE OF THE CONTENT OF THE WEBSITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.
A. All the Content on Face Off Max Website, except all User Submissions (defined below) is owned by or licensed to CoolwareMax, subject to copyright and other intellectual property rights under the law. Face Off Max Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CoolwareMax reserves all rights not expressly granted in and to the Website and the Face Off Max Content.
B. You may access User Submissions solely for your informational and personal use.
C. You agree not to circumvent, disable or otherwise interfere with security-related features that prevent or restrict use or copying of any Face Off Max Content or enforce limitations on use of the Face Off Max Website or the Face Off Max Content therein.
D. You understand that when using the Face Off Max Website, you will be exposed to User Submissions from a variety of sources, and that CoolwareMax is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CoolwareMax with respect thereto, and agree to indemnify and hold Face Off Max, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As a Face Off Max user, you may submit pictures and text collectively referred to as “User Submissions”. You understand that whether such User Submissions are published, CoolwareMax does not guarantee any confidentiality with regard to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CoolwareMax to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CoolwareMax all of the license rights granted herein.
E. CoolwareMax does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CoolwareMax expressly disclaims any and all liability in connection with User Submissions. CoolwareMax does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CoolwareMax will remove all Face Off Max Content and User Submissions if properly notified that such Face Off Max Content or User Submission infringes on another's intellectual property rights.
The Software and the Website may contain Content from third parties ("Third Party Content"), either via the CoolwareMax Services or through links to third party websites. CoolwareMax does not control Third Party Content and makes no representations or warranties about it. Users understand that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will CoolwareMax be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the CoolwareMax Services. Users agree to bear all risks associated with using or relying upon Third Party Content, including without limitation, profiles of other users of the CoolwareMax Services.
CoolwareMax makes no representation that Content on the Website is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is prohibited. Those who choose to access this Site from other locations on their own initiative and are responsible for compliance with local laws.
User agrees to defend, indemnify, reimburse and hold CoolwareMax and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
A. User's use of the Face Off Max Website and the Software.
B. Face Off Max's use of the User Materials.
C. Any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions.
D. User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.
You agree that CoolwareMax, in its sole discretion, may terminate your access to the Website and Software for any reason, including without limitation, if CoolwareMax believes that you have violated or acted inconsistently with the Agreement. You agree that any termination of your access to the Website and Software under any provision of this Agreement may be effected without prior notice.
CoolwareMax attaches great importance to the issue of copyright and would like to respond immediately to infringement actions. For detailed information, please go to the page of Legal Notes on our website.
DISCLAIMER OF WARRANTIES
THE WEBSITE, SOFTWARE AND CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOLWAREMAX, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE, SOFTWARE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE, SOFTWARE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COOLWAREMAX, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "COOLWAREMAX GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, SOFTWARE AND CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COOLWAREMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COOLWAREMAX GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE COOLWAREMAX GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE WEBSITE.
SEVERABILITY AND INTEGRATION
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by CoolwareMax without restriction.
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