CoolerAI Digital Signage Solutions USER AGREEMENT -
TERMS OF USE
Updated as of July 9, 2024
WELCOME TO CoolerAI Digital Signage Solutions!
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING
AGREEMENT BETWEEN YOU AND CoolerAI Digital Signage Solutions REGARDING YOUR USE OF OUR WEBSITE AND
SERVICES OFFERED.
1.
Your Acceptance
A.
By using and/or visiting this website
(collectively, including all content and functionality available through the
InfoKliks.com domain name, the "CoolerAI Digital Signage Solutions Website", or "Website"), you
signify your agreement to (1) these terms and conditions (the "Terms of
Service"), and (2)CoolerAI Digital Signage Solutions's privacy notice, found
HERE and incorporated here by reference.. If you do
not agree to any of these terms, the CoolerAI Digital Signage Solutions privacy notice or the Community
Guidelines, please do not use the CoolerAI Digital Signage Solutions Website.
B.
Although we may attempt to notify you when
major changes are made to these Terms of Service, you should periodically review
the most up-to-date version
HERE. CoolerAI Digital Signage Solutions may, at its sole discretion,
modify or revise these Terms of Service and policies at any time, and you agree
to be bound by such modifications or revisions. Nothing in this Agreement shall
be deemed to confer any third-party rights or benefits.
2.
CoolerAI Digital Signage Solutions Website
A.
These Terms of Service apply to all users of
the CoolerAI Digital Signage Solutions Website, including users who are also contributors of multimedia
content, information, and other materials or services on the Website. The
CoolerAI Digital Signage Solutions Website includes all aspects of CoolerAI Digital Signage Solutions, including but not
limited to CoolerAI Digital Signage Solutions channels, and the CoolerAI Digital Signage Solutions "Player".
B.
The CoolerAI Digital Signage Solutions Website may contain links to third party
websites that are not owned or controlled by CoolerAI Digital Signage Solutions. CoolerAI Digital Signage Solutions has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, CoolerAI Digital Signage Solutions will not and
cannot censor or edit the content of any third-party site. By using the Website,
you expressly relieve CoolerAI Digital Signage Solutions from any and all liability arising from your
use of any third-party website.
C.
Accordingly, we encourage you to be aware when you leave
the CoolerAI Digital Signage Solutions Website and to read the terms and conditions and privacy policy
of each other website that you visit.
3.
CoolerAI Digital Signage Solutions Accounts
A.
In order to access CoolerAI Digital Signage Solutions digital signage software as a service, you will have to create/sign-up a business account. You may never use
another user's account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password
secure. You must notify CoolerAI Digital Signage Solutions immediately of any breach of security or
unauthorized use of your account.
B.
Although CoolerAI Digital Signage Solutions will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for the losses
of CoolerAI Digital Signage Solutions or others due to such unauthorized use.
C.
You also agree that your account will be terminated at the
discretion of CoolerAI Digital Signage Solutions should it find any irregularities in the account.
D.
CoolerAI Digital Signage Solutions reserves the right to stop or suspend services
at will without assigning any reason whatsover or giving a notice. You will not
hold CoolerAI Digital Signage Solutions responsible for any damages, liabilities, loss of data,
graphical assets or loss in business opportunity. CoolerAI Digital Signage Solutions will notify all
subscribers in writing. In the even this happens, we will be liable to refund
money only for that partial billing month when the service is disrupted and only
for the number of the service is disrupted, prorated by the amount charged.
E.
CoolerAI Digital Signage Solutions will try its best to respond to any issue or
support question within one working day. The resolution of the issue will happen
according to the feasibility of the resolution and the availability of resources
at CoolerAI Digital Signage Solutions's disposal at the sole discretion of CoolerAI Digital Signage Solutions.
4.
License Grant & Restrictions
A.
CoolerAI Digital Signage Solutions hereby grants you a non-exclusive,
non-transferable right to use the Service, solely for your own internal business
purposes, subject to the terms and conditions of this Agreement.
B. This service is intended to be used on PC-based machines only with full versions of operating systems.
C.
You may not upload any content or data that is specifically
designed to degrade, overload or stress any component of the Service offered by
CoolerAI Digital Signage Solutions.
D.
You may only sign up for one account per business entity. CoolerAI Digital Signage Solutions reserves the right to cancel
any account that found to be a duplicate.
E.
You may not access the Service if you are a
direct or indirect competitor of CoolerAI Digital Signage Solutions, except with CoolerAI Digital Signage Solutions's prior
written consent. In addition, you may not access the Service for purposes of
monitoring its availability, performance or functionality, or for any other
benchmarking or competitive purposes
F.
Without CoolerAI Digital Signage Solutions's prior written consent,
you shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Service or any part of the software content in any way; (ii) modify or
make derivative works based upon the Service or any part of the software
content; or (iii) reverse engineer or access the Service in order to (a) build a
competitive product or service, (b) build a product using similar ideas,
features, functions or graphics of the Service, or (c) copy any ideas, features,
functions or graphics of the Service.
G.
You may use the Service only for your internal business
purposes and shall not: (i) send or store infringing, obscene, threatening,
libelous, or otherwise unlawful material, including material harmful to children
or infringe third party privacy rights; (ii) send or store material containing
software viruses, worms, Trojan horses or other harmful computer code, files,
scripts, agents or programs; (iii) interfere with or disrupt the integrity or
performance of the Service or the data contained therein; or (iv) attempt to
gain unauthorized access to the Service or its related systems or networks.
5.
General Use of the Website -- Permissions and Restrictions
CoolerAI Digital Signage Solutions hereby grants you permission to
access and use the Website as set forth in these Terms of Service, provided
that:
A.
You agree not to distribute in any medium any part of the
Website, including but not limited to User Submissions (defined below), without
CoolerAI Digital Signage Solutions's prior written authorization.
B.
You agree not to alter or modify any part of
the Website, including but not limited to CoolerAI Digital Signage Solutions's Offline Player or any of
its related technologies.
C.
You agree not to access User Submissions
(defined below) or CoolerAI Digital Signage Solutions Content through any technology or means other
than the multimedia playback pages of the Website itself, the CoolerAI Digital Signage Solutions
Offline Player, or other explicitly authorized means CoolerAI Digital Signage Solutions may designate.
D.
You agree not to use the Website, including the
CoolerAI Digital Signage Solutions Offline Player for any commercial use, without the prior written
authorization of CoolerAI Digital Signage Solutions. Prohibited commercial uses include any of the
following actions taken without CoolerAI Digital Signage Solutions's express approval:
1.
sale of access to the Website or its related
services (such as the Offline Player) on another website;
2.
and any use of the Website or its related
services (such as the Offline Player) that CoolerAI Digital Signage Solutions finds, in its sole
discretion, to use CoolerAI Digital Signage Solutions's resources or User Submissions with the effect
of competing with or displacing the market for CoolerAI Digital Signage Solutions, CoolerAI Digital Signage Solutions content,
or its User Submissions.
E.
Prohibited commercial uses do not include:
1.
uploading an original video to CoolerAI Digital Signage Solutions, or
maintaining an original channel on CoolerAI Digital Signage Solutions, to promote your business or
artistic enterprise;
2.
any use that CoolerAI Digital Signage Solutions expressly authorizes
in writing.
F.
If you use the CoolerAI Digital Signage Solutions website or Player, you may not modify, build upon, or block any portion of the Player in any way.
G.
If you use the CoolerAI Digital Signage Solutions Player, you
agree that it may automatically download and install updates from time to time
from CoolerAI Digital Signage Solutions. These updates are designed to improve, enhance and further
develop the Viewer and may take the form of bug fixes, enhanced functions, new
software modules and completely new versions. You agree to receive such updates
(and permit CoolerAI Digital Signage Solutions to deliver these to you) as part of your use of the
Viewer.
H.
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
CoolerAI Digital Signage Solutions 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.
Notwithstanding the foregoing, CoolerAI Digital Signage Solutions grants the operators of public search
engines permission to use spiders to copy materials from the site 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. CoolerAI Digital Signage Solutions reserves the right to revoke these exceptions either
generally or in specific cases. 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 (e.g. comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
I.
In your use of the website, you will otherwise comply with
the terms and conditions of these Terms of Service, CoolerAI Digital Signage Solutions Community
Guidelines, and all applicable local, national, and international laws and
regulations.
J.
CoolerAI Digital Signage Solutions reserves the right to discontinue any aspect of
the CoolerAI Digital Signage Solutions Website at any time.
6.
Your Use of Content on the Site
In addition to the general restrictions above,
the following restrictions and conditions apply specifically to your use of
content on the CoolerAI Digital Signage Solutions Website.
A.
The content on the CoolerAI Digital Signage Solutions Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to CoolerAI Digital Signage Solutions, subject to copyright
and other intellectual property rights under the law. 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. CoolerAI Digital Signage Solutions reserves all
rights not expressly granted in and to the Website and the Content.
B.
You may access User Submissions solely:
1.
for your information and personal use;
2.
as intended through the normal functionality of
the CoolerAI Digital Signage Solutions Service; and
3.
for Streaming.
C.
"Streaming" means a contemporaneous digital transmission of
an audiovisual work via the Internet from the CoolerAI Digital Signage Solutions Service to a user's
device in such a manner that the data is intended for real-time viewing and not
intended to be copied, stored, permanently downloaded, or redistributed by the
user. Accessing User Videos for any purpose or in any manner other than
Streaming is expressly prohibited. User Videos are made available "as is."
D.
You may access CoolerAI Digital Signage Solutions Content, User Submissions and
other content only as permitted under this Agreement. CoolerAI Digital Signage Solutions reserves all
rights not expressly granted in and to the CoolerAI Digital Signage Solutions Content and the
CoolerAI Digital Signage Solutions Service.
E.
You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes.
F.
You agree not to circumvent, disable or otherwise interfere
with security-related features of the CoolerAI Digital Signage Solutions Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the CoolerAI Digital Signage Solutions Website or the Content therein.
G.
You understand that when using the CoolerAI Digital Signage Solutions Website, you
will be exposed to User Submissions from a variety of sources, and that
CoolerAI Digital Signage Solutions 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 CoolerAI Digital Signage Solutions with respect thereto, and agree to indemnify and
hold CoolerAI Digital Signage Solutions, 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.
7.
Your User Submissions and Conduct
A.
As an CoolerAI Digital Signage Solutions account holder you may submit
multimedia content referred to as "User Submissions." You understand that
whether or not such User Submissions are published, CoolerAI Digital Signage Solutions does not
guarantee any confidentiality with respect 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 CoolerAI Digital Signage Solutions 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.
C.
For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting User Submissions to
CoolerAI Digital Signage Solutions, you hereby grant CoolerAI Digital Signage Solutions a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the CoolerAI Digital Signage Solutions Website and CoolerAI Digital Signage Solutions's (and
its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the CoolerAI Digital Signage Solutions Website (and
derivative works thereof) in any media formats and through any media channels.
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 CoolerAI Digital Signage Solutions all of
the license rights granted herein.
E.
You further agree that you will not, in
connection with User Submissions, submit material that is contrary to the
CoolerAI Digital Signage Solutions Content Guidelines, found as below, or contrary to applicable local,
national, and international laws and regulations.
F.
CoolerAI Digital Signage Solutions does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and CoolerAI Digital Signage Solutions expressly
disclaims any and all liability in connection with User Submissions. CoolerAI Digital Signage Solutions
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and CoolerAI Digital Signage Solutions will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes
on another's intellectual property rights. CoolerAI Digital Signage Solutions reserves the right to
remove Content and User Submissions without prior notice.
8.
CoolerAI Digital Signage Solutions Content Guidelines
A.
CoolerAI Digital Signage Solutions is not for pornography or sexually explicit
content. If this describes your video, even if it's a video of yourself, don't
post it on CoolerAI Digital Signage Solutions. Also, be advised that we work closely with law
enforcement and we report child exploitation.
B.
Don't post videos showing bad stuff like animal abuse, drug
abuse, or bomb making.
C.
Graphic or gratuitous violence is not allowed. If your
video shows someone getting hurt, attacked, or humiliated, don't post it.
D.
CoolerAI Digital Signage Solutions is not a shock site. Don't post
gross-out videos of accidents, dead bodies and similar things.
E.
Respect copyright. Only upload videos that you made or that
you have obtained the rights to use. This means don't upload videos you didn't
make, or use content in your videos that someone else owns the copyright to,
such as music tracks, snippets of copyrighted programs, or videos made by other
users, without their permission.
F.
We encourage free speech and defend everyone's right to
express unpopular points of view. But we don't permit hate speech, which is
content intended to attack or demean a particular gender, sexual orientation,
race, religion, ethnic origin, veteran status, color, age, disability or
nationality.
G.
There is zero tolerance for predatory behavior,
stalking, threats, harassment, invading privacy, or the revealing of other
members' personal information. Anyone caught doing these things may be
permanently banned from CoolerAI Digital Signage Solutions.
H.
Everyone hates spam. Do not create misleading descriptions,
tags, titles or thumbnails in order to increase views. Promoting your channel is
one thing, but it's not okay to post large amounts of untargeted, unwanted or
repetitive content, including comments and private messages
9.
Account Termination Policy
A.
CoolerAI Digital Signage Solutions will terminate a User's access to
its Website if, under appropriate circumstances, they are determined to be an
infringer.
B.
CoolerAI Digital Signage Solutions reserves the right to decide whether Content or
a User Submission is appropriate and complies with these Terms of Service for
violations other than copyright infringement, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. CoolerAI Digital Signage Solutions
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
10.
Copyright Infringement
A.
If you are a copyright owner or an agent
thereof and believe that any User Submission or other content infringes upon
your copyrights, you may submit a request to block your copyright content by
providing us with the following information in writing
1.
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site;
3.
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 and information reasonably sufficient to
permit the service provider to locate the material;
4.
Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
5.
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
owner, its agent, or the law; and
6.
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.
B.
Counter-Notice. If you believe that your User
Submission that was removed (or to which access was disabled) is not infringing,
or that you have the authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the content in your User
Submission, you may send a counter-notice containing the following information
to us:
1.
Your physical or electronic signature;
2.
Identification of the content that has been removed or to
which access has been disabled and the location at which the content appeared
before it was removed or disabled;
3.
A statement that you have a good faith belief that the
content was removed or disabled as a result of mistake or a misidentification of
the content; and
4.
Your name, address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the High
court in Toronto, Canada, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement.
If a counter-notice is received by us,
CoolerAI Digital Signage Solutions may send a copy of the counter-notice to the original complaining
party informing that person that it may replace the removed content 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
content may be replaced, or access to it restored, in 10 to 14 business days or
more after receipt of the counter-notice, at CoolerAI Digital Signage Solutions's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CoolerAI Digital Signage Solutions
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
CoolerAI Digital Signage Solutions, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. CoolerAI Digital Signage Solutions MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
CoolerAI Digital Signage Solutions WEBSITE. CoolerAI Digital Signage Solutions DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE CoolerAI Digital Signage Solutions WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND CoolerAI Digital Signage Solutions WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL CoolerAI Digital Signage Solutions, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE CoolerAI Digital Signage Solutions WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CoolerAI Digital Signage Solutions
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by
CoolerAI Digital Signage Solutions from its facilities in the Canada. CoolerAI Digital Signage Solutions makes no
representations that the CoolerAI Digital Signage Solutions Website is appropriate or available for use
in other locations. Those who access or use the CoolerAI Digital Signage Solutions Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
11. Indemnity
You agree to defend, indemnify and hold
harmless CoolerAI Digital Signage Solutions, its parent corporation, officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to the CoolerAI Digital Signage Solutions
Website; (ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the CoolerAI Digital Signage Solutions Website.
12. Ability to Accept Terms of Service
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. In any
case, you affirm that you are over the age of 13, as the CoolerAI Digital Signage Solutions Website is
not intended for children under 13. If you are under 13 years of age, then
please do not use the CoolerAI Digital Signage Solutions Website. There are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms of Service, and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by CoolerAI Digital Signage Solutions without restriction.
14. General
You agree that: (i) the CoolerAI Digital Signage Solutions Website
shall be deemed solely based in Toronto, Canada; and (ii) the CoolerAI Digital Signage Solutions Website
shall be deemed a passive website that does not give rise to personal
jurisdiction over CoolerAI Digital Signage Solutions, either specific or general, in jurisdictions
other than Canada. These Terms of Service shall be governed by the laws of the
country. Any claim or dispute between you and CoolerAI Digital Signage Solutions that arises in whole
or in part from the CoolerAI Digital Signage Solutions Website shall be decided exclusively by high
court in Toronto, Canada. These Terms of Service, together with the Privacy Notice
HERE and any other legal notices published by
CoolerAI Digital Signage Solutions on the Website, shall constitute the entire agreement between you
and CoolerAI Digital Signage Solutions concerning the CoolerAI Digital Signage Solutions Website. If any provision of these
Terms of Service is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and CoolerAI Digital Signage Solutions's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. CoolerAI Digital Signage Solutions reserves the right
to amend these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of the
CoolerAI Digital Signage Solutions Website following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND CoolerAI Digital Signage Solutions
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CoolerAI Digital Signage Solutions
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.