TERMS AND CONDITIONS OF USE
In accordance with the following Terms and Conditions of Use (“User Terms”), ONEBLUEYE, Inc. (d/b/a Cool Blue Dog Apparel) may make certain services available to general visitors (“Users”) to the site www.coolbluedog.com (the “Site”).
Please read these User Terms carefully. They are a legal document and, by your continued use of the Site, you agree to be bound by these User Terms. If you do not agree with these User Terms and do not wish to be bound by them, please exit this Site.
These User Terms are an electronic contract that set out the legally binding terms of your use of the Site. By accessing the Site, you accept these User Terms and agree to the terms, conditions and notices contained or referenced herein. By accessing the Site, you consent to have these User Terms provided to you in electronic form. You may request a non-electronic copy of these User Terms either before or after you electronically sign the User Terms. To receive a non-electronic, please send an e-mail to email@example.com or a letter and self-addressed stamped envelope to: COOL BLUE DOG APPAREL, 21 East 22nd Street, New York, NY 10010.
This Site may contain links to other web sites (“Linked Sites”). If you link to another Web site, you will leave this Site and these Terms and Conditions of Use will not apply to your use of, and activities on, those other web sites. We encourage you to read the legal notices posted on those other web sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of Linked Sites. You acknowledge and agree that Cool Blue Dog Apparel has no responsibility for the accuracy or availability of information provided by web sites to which you may link from this Site. Links to other sites do not constitute an endorsement by or association with Cool Blue Dog Apparel of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or your reliance on the content, goods or services available on such Linked Sites.
Our Rights and our Users’ Rights
Cool Blue Dog Apparel reserves the right to change or discontinue any content or feature of The Site, or impose, change, or modify any of these terms and conditions. By continuing to use The Site, you will be deemed to have agreed to such changes, which shall be effective upon posting to the Site.
Cool Blue Dog Apparel shall retain all ownership, title and interest in all intellectual property rights contained in material on the Site, including but not limited to copyright, database rights, trade marks, patents, service marks, design rights, editorial headlines, columns, features, blogs or forum names, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.
Except as otherwise provided herein, use of the Site does not grant to any User a license to use any content, feature or materials on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions of Use. Contents of the Site are intended for your personal, noncommercial use.
You many not remove any notices relating to the ownership of copyright or other Intellectual Property Rights of material on the Site or modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of Cool Blue Dog Apparel material. You may not rent, lease, sub-license, loan, copy or give or transfer any rights in material from the Site in any form, or to any person or entity without the prior written consent of Cool Blue Dog Apparel.
Users may access articles and perform research. Users also may be able to register to participate in forums, blogs or moderated discussions with other Users, post comments on a bulletin board, post and respond to classified ads, receive a print publication or an e-mail newsletter, or enter a sweepstakes (collectively, “Services”).
You may print one (1) copy of the information, materials or images on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, or violate our copyright and/or other applicable state laws or laws of the United States or other countries, you may be subject to liability for such unauthorized use.
User Generated Content
We welcome you to visit and participate in the Site and our interactive community by sharing information including but not limited to sources, links, photographs, images, videos, statements of opinion or belief or any other material posted or submitted to The Site (“User Generated Content”). We value your willingness to share and participate in The Site and ask you to please help us maintain a friendly, safe and informative environment. Information also may be provided by the staff, our guest experts, or by contributors or users not connected with us, some of whom may use anonymous screen names. All statements, advice and opinions made by Users and posted on the site are to be deemed those of such a User only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. Under no circumstances will we be liable for any loss or damage caused by User Generated Information, or a User’s reliance on information obtained through the content and/or any postings on the forums, blogs or elsewhere on the Site. Cool Blue Dog Apparel shall have no obligations to monitor the User Generated Content to ensure that it complies with applicable laws or regulations.
The Site may contain content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Cool Blue Dog Apparel may make certain forums or blogs available on the Site or solicit User Generated Information, or allow Users the opportunity to participate in moderated discussions and to post information on blogs and bulletin boards (collectively, “Forums”). Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums.
Cool Blue Dog Apparel does not grant any license or other authorization to any User with respect to our trademarks, service marks, other copyrightable material or any other intellectual property by the fact that they are included on The Site. Users also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit, post or otherwise communicate to the Forums or other areas of the Site, may be used by Cool Blue Dog Apparel in any manner without any cost or expense.
Furthermore, you agree that any User Generated Content or material (including any Intellectual Property Rights in such material), including but not limited to material sent via forum or blog services, feedback, postings, articles or any other material submitted for publication on the Site may be retained as the property of Cool Blue Dog Apparel. By posting material to the Site you hereby grant to us a royalty-free, perpetual, sub-licensable, irrevocable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, digitally perform, publicly perform and display any content, material and/or your User name posted on the Site (collectively, the “Material”), (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you.
By submitting or sending Material to the Site you represent and warrant that (1) the Material is original to you, (2) no other party has any rights to the Material, and (3) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material. You also warrant that any “moral rights” in posted materials have been waived.
In order to better utilize the Site and for any future value-added service, we encourage you to register on the Site (“Registered User”). If and when you decide to become a Registered User, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current, and complete, and (3) comply with these Terms and Conditions of Use. You may review, correct, change, or update your information by e-mailing: firstname.lastname@example.org. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your use of the Site.
User Name or password
As part of the registration process, you may be asked to select a User Name and password. You may not choose a User Name that impersonates someone else, is illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or one that may cause confusion. We reserve the right to reject any User Name in our sole discretion. You agree not to transfer your use of, or access to, the Site in any way or permit anyone else whose account or membership was suspended or terminated to use the Site through your account.
If you have reason to believe that your password is no longer secure, please promptly change by emailing us at: email@example.com. You are solely responsible for maintaining the confidentiality of your User Name and password for any and all activities including purchases and participation on our blogs or forums.
The Site is intended to be used for lawful purposes only. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable. You may not post or transmit any material or content on the Site that gives rise to civil or criminal liability or otherwise violates any local, state, or federal law.
In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site.
You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Site or online services which are competitive with the concept and intent of Cool Blue Dog Apparel; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, its contents or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent.
Additionally, you may not harvest or collect technical information about any User or viewer or the means by which they access the internet, without notification to Cool Blue Dog Apparel and obtain the express written consent of the User, or make information available on the Site that may result in a User receiving “spam” or unsolicited commercial e-mail.
We respectfully request that Users be aware that when they voluntarily disclose personal information (e.g., name, geographic location, e-mail address, personal details or images of their homes, families or possessions) on or through these Forums, that such information is generally accessible to and may be collected and used by other Users or any viewer on the Internet and might result in unsolicited online and offline messages from such viewers. All Users are encouraged to exercise discretion when providing personal information about themselves in and through the blogs and forums.
Cool Blue Dog Apparel shall retain the right, but not the obligation, to monitor the content of The Site, including its blogs and forums, to determine compliance with these User Terms and any other operating rules established by us. We shall have the right at our sole discretion, and without notice to any poster, to edit, refuse to post, or remove any material or subject matter that is in our judgment deemed to be otherwise objectionable or outdated, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Users and visitors, and to comply with our other legal right or obligations.
Notwithstanding these rights or obligations by Cool Blue Dog Apparel, you shall remain solely responsible for any information that you post, transmit or otherwise make available on or through the Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.
The following notice appears on each page of the Site: © 2010 coolbluedog.com. Cool Blue Dog Apparel is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated.
The Site contains copyrighted material, including without limitation text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”).
This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Cool Blue Dog Apparel owns copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made.
Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without prior written permission. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.
If you wish to dispute the right of material or content posted on the Site, or feel its use to constitutes copyright infringement, please forward the following information to: firstname.lastname@example.org:
Your address, telephone number, and email address together with a description of the disputed right or copyrighted work that you claim has been infringed, where the alleged infringing material is located, a reason for your believe that use of the disputed material has not been authorized by its owner, a signature of the person authorized to act on behalf of the owner of the copyright interest; and proof that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Disclaimer of Warranty and Limitation of Liability
You understand and agree that your use of the Site is at your sole risk and that the Site and the related services are provided on an “as is”, “as available” basis without warranties or representations of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that by law cannot be excluded.
You specifically acknowledge that Cool Blue Dog Apparel, its subsidiaries, affiliates, suppliers, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents, shall not be responsible or liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages or injury arising out of the use of or inability to use the site or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Site, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action even if Cool Blue Dog Apparel has been advised of the possibility of such damages.
Cool Blue Dog Apparel neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the site, nor for any offensive, defamatory, or obscene posting made on the site by anyone. Under no circumstances will Cool Blue Dog Apparel, its subsidiaries, affiliates, suppliers, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents, be liable for any loss or damage caused by your use or reliance on information obtained through the content and/or any postings on the site.
Cool Blue Dog Apparel shall not be responsible for any computer malfunctions, errors, crashes or other adverse events that may occur from your use of the Forums or of the Site.
You agree to defend, indemnify, and hold and save harmless COOL BLUE DOG APPAREL, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these User Terms by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
Your sole right with respect to any dissatisfaction with these User Terms, or any policy or practice of ours in operating the Site, or with any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate access of any User of the Site, including without limitation, your registration on or access to the Site, at any time, at our sole discretion.
These User Terms and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are necessarily appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These User Terms shall be construed in accordance with the law of the State of New York, without regard to its conflict of laws rules. Users agree to personal jurisdiction by the federal and state courts located in New York County, New York State. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these User Terms is found to be unenforceable for any reason, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Sweepstakes and Contests
In the future we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.
Permissions for Use or Linking
Any party interested in reproducing any Site Content in any form, or linking from any other site, will need our permission, which we may approve or deny in our sole discretion.
Information we may collect
We may collect information that can identify you (“personal information”), such as your name and email address, (i) when you (or other users) provide it to us when using our Site or in some other manner, or (ii) from our business partners, and from other third parties. We may combine the personal information that we receive from different sources. We also may collect other types of information in the following ways when you visit our Site:
We do not knowingly collect personal information from children under the age of 13. Should we ever do so, we will comply with the Children’s Online Privacy Protection Act.
How we may use information we collect:
We may use information to:
With whom we may share information we collect:
We will not share your personal information with others except as indicated below, or except when we inform you in advance and give you the opportunity to opt out. We may share personal information with:
We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.
You may choose:
We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.
How to contact us
Cool Blue Dog Apparel
21 East 22nd Street
New York, NY 10010
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. When you sign in to your account on our website, we will record your username and the name associated with your username in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our Site, Content and advertising.
You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our Site may not function properly.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may include web beacons in promotional (or other) e-mail messages or newsletters to determine whether messages have been opened and acted upon. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.