Terms and Conditions
1. Acceptance of Terms.
You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.
2. Use and Restrictions
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to CYS or such Marks’ respective owners. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of CYS or their respective owners, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
5. Copyright and Trademark Infringements
CYS respects the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit CYS to locate the material.
Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact us at email@example.com
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6. Your Account
If you purchase products or services through your account using the Site you must establish an account with us. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security by contacting us at firstname.lastname@example.org. We have the right to disable any account or password at any time, for any reason.
7. Terms of Sale
All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in our sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.
8. Electronic Communications
You consent to receive electronic communications from us either in the form of email sent to you at the email address listed on your account or by communications posted on the Site for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to CYS set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Site. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to, without limitation:
- use the Site in a manner that uses technology or other means to access the Site, or other content that is not authorized by CYS;
- use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
- take any action that imposes or may impose (in CYS’s sole discretion) an unreasonably or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to CYS’s computer network or user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- attempt to damage, disable, overburden, or impair CYS’s servers or networks;
- fail to comply with applicable third party terms;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- use racially, ethnically, or otherwise offensive language;
- discuss or incite illegal activity;
- use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- post anything that exploits children or minors or that depicts cruelty to animals;
- post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
- disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
- use any robot, spider, scraper or other automated means to access the Site; and
- alter the opinions, goals, profiles or comments posted by others on the Site.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right in our sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that CYS determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. CYS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
We take no responsibility and assume no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CYS is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Cool Your Sweats to monitor, police or remove any Submissions or other information submitted by you or any other user.
CYS prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with CYS’s express consent).
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that we are free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, we reserve the right, in our sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
12. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than CYS. Such links are provided solely as a convenience to you. We do not control such websites, and are not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Linking to the Site
14. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
15. Warranties and Disclaimer
In addition, the site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update the information at any time without prior notice. Please not that such errors, inaccuracies or omissions may relate to pricing and availability, and to the extent permitted by applicable law, we reserve the right to cancel or refuse to accept any order placed based on the incorrect pricing or availability information.
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variants and deviations.
In addition, if an item becomes unavailable for whatever reason after an order is accepted, we may terminate the order by giving you written notice. In such event, CYS will contact you to arrange for a refund or provision of credit against future purchase.
16. Limitation of Liability
CYS its parent, RCS Trading Company, officers, directors, employees, agents, suppliers, and third party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of the such damages, whether under contract, tort (including negligence) or any other theory, including, without limitation, arising out of or in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code, unless such loss or damages are caused directly by our fraud, recklessness, gross negligence or negligence. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.