SUNSHINE COOLERS LLC TERMS AND CONDITIONS OF USE
Welcome to our website. These Terms and Conditions of Use govern your use of the Sunshine Coolers LLC (“Sunshine Coolers”) website (“Site”).
Your Acceptance of the Terms and Conditions of Use
By using this Site, you agree that you have read and understood these terms and conditions of use (“Terms”) and agree to be bound by these Terms, and to comply with all laws and regulations governing use of this Site. If you do not agree to these terms, please do not use this Site.
We reserve the right to make changes to this Site and to these terms at any time. Any change will be prospective only, unless retroactive effect is legally required. Your continued use of this Site will mean your acceptance of any new or changed terms. We reserve the right to deny, in our sole discretion, any user access to the Site without notice.
Customer Account, Password and Security
If you open a Customer Account with us, please complete the registration with full and accurate information. You may be asked to choose a password and a user name. You are responsible for the confidentiality of your Account information and for all activities under your Account. You will notify us immediately of any unauthorized use or theft of your Account.
We will not be liable for any loss you may incur as a result of someone else using your Account. You will be liable for losses incurred by us due to someone else using your Account. You may not use anyone else’s Account at any time. Your Account is personal to you and you may not transfer or make your Account available for others. Any distribution by you of your Account may result in its cancellation.
Fees Charged by Third Party Sites
We may provide links to other websites, some of which may charge fees. Any charges you incur in your dealings with these third parties are your responsibility.
By “Content,” we mean the Software, communications, images, sounds, and all the Content and information made available from the Site.
You acknowledge and agree that we may use built-in tracking features to obtain information about your use of the Site and you agree that this information is deemed Content. We reserve the right at all times to disclose any Content to satisfy any applicable law, regulation, legal process or governmental request.
Restrictions and Conditions of Use
You will not use the Site for any purpose that is unlawful or prohibited in these Terms. You may not use the Site in any manner that could damage or impair any server, or the network(s) connected to any server or interfere with any other party’s use and enjoyment of our Site. You may not attempt to gain unauthorized access to any Customer Accounts, computer systems or networks connected to any server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content or information through any means not intentionally made available through the Site.
Code of Conduct
You agree that you may not access or use the Site in order to:
1. Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view,
otherwise offensive or objectionable.
4. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Site or other users’ computer.
6. Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose.
7. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
8. Restrict or inhibit any other user from using and enjoying the Site.
10. Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails.
11. Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Site or the Software.
12. Impersonate or create a false identity (such as a celebrity or our representative) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity.
13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of our customers or other user or usage information or any portion thereof.
14. Attempt to get a password, other Account information, or other private information from a customer or any other user of our Site.
15. Improperly use support or complaint buttons or make false reports to us administrators.
16. Use, develop or distribute “auto” software programs, “macro” software
programs or other “cheat utility” software program or applications in violation of the applicable license agreements.
17. Use the Site in any manner other than for personal communication as an individual user/customer.
18. Use the Site to resell or make any commercial use of the Site or otherwise commercially exploit the same, without our prior express written consent.
19. Conduct fraudulent transactions or other commercial transactions prohibited by these Terms or applicable license agreement or in any manner that is harmful or disruptive to our company, the Site, our licensors, customers or other users.
The Site, including, without limitation, all Software and Content, contain copyrighted Content, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and applets incorporated into the Software and character data). The entire contents of the Site and each area contained therein are copyright protected as a collective work under the United States and other countries’ copyright laws. Sunshine Coolers LLC (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that we or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Site and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
We respect the intellectual property of others and expect users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you believe that any use of the Site or Content constitutes copyright infringement, please send a notice to us at our address below. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a “good faith belief” that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its
agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
Termination of Account
We have the right to terminate or suspend, and you have the right to cancel, your Customer Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Content available through the Site or any change in such Content; or (3) your ability to access or use the Content. You can cancel your Account(s) at any time by following the procedures made available on our Site or in our digital communications to Customers.
Warranties, Disclaimers of Warranties and Limitations of Liability
We warrant the Site, Software, and Content on an “AS-IS” and “AS-AVAILABLE” basis for your use, without express or implied warranties or conditions of any kind.
We warrant that we provide the Site on a commercially reasonable basis. We do not warrant that you will be able to access or use the Site at all times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any specific geographic area at all times or any time. We do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Site. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.
WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU FROM DELAYS, ERRORS, SYSTEM DOWN TIME OR SERVICE INTERRUPTIONS CAUSED BY US OR BY YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR
FAILURE TO ACT REGARDING CONDUCT, COMMUNICATION OR CONTENT OR USE OF THE SITE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE, AND TO CANCEL YOUR CUSTOMER ACCOUNT(S). WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND 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.
Limitation of Liability
IN NO EVENT SHALL SUNSHINE COOLERS LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA OR USE, PRODUCT LIABILITY, PERSONAL INJURY OR DEATH, WHETHER IN AN ACTION OF CONTRACT, NEGLIEGENCE OR OTHER TORTIOUS ACTION RESULTING FROM THE USE OF THIS SITE OR ARISING OUT OF THE USE OF OR RELIANCE ON THE CONTENT AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER SUNSHINE COOLERS LLC OR AN AUTHORIZED SUNSHINE COOLERS LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Sites
THE LINKED SITES ARE NOT UNDER OUR CONTROL AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. WE ARE NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. WE ARE NOT RESPONSIBLE FOR ANY FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE MAKE NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
All notices given by you or required under these Terms shall be in writing and sent to firstname.lastname@example.org. We may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address on record in our Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in our Account information.
Any claim relating to this Site or your use of it is governed by and interpreted under the laws of the State of Florida, without reference to its conflict of laws principles. Any dispute relating to this Site or your use of it will be brought in, and you hereby consent to exclusive jurisdiction and venue, in the courts sitting in Tampa, Florida.
All Sunshine Coolers LLC content, design and layout of the Site: Copyright © 2019 Sunshine Coolers LLC. All rights reserved.
Our Contact Information
USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS.