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Conditions of Use
Welcome to 4CoolKids, a division of IJK Enterprises Inc. For ease of prose,
4Coolkids and IJK Enterprises Inc. are used interchangeably where referring to policy
procedures, and ownership. 4CoolKids and its affiliates provide their services
to you subject to the following conditions. If you visit or shop at
4CoolKids, you accept these conditions. Please read them carefully. In
addition, when you use any current or future 4CoolKids service (e.g., to be
defined in the future) or visit or purchase from any business affiliated with
4CoolKids, whether or not included in the 4CoolKids Web site, you also will
be subject to the guidelines and conditions applicable to such service or
business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to
4CoolKids, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit 4CoolKids or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of 4CoolKids or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of 4CoolKids and protected by
U.S. and international copyright laws. All software used on this site is the
property of 4CoolKids or its software suppliers and protected by United
States and international copyright laws.
TRADEMARKS
4COOLKIDS and other marks indicated on our site are registered trademarks
of 4CoolKids or its subsidiaries, in the United States and other
countries. 4CoolKids graphics, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress of 4CoolKids or its
subsidiaries or its related companies. 4CoolKids's trademarks and trade dress
may not be used in connection with any product or service that is not
4CoolKids's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits 4CoolKids. All other
trademarks not owned by 4CoolKids or its subsidiaries that appear on this
site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by 4CoolKids or its subsidiaries.
PATENTS
Not applicable at this time.
LICENSE AND SITE ACCESS
4CoolKids grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of 4CoolKids. This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of 4CoolKids. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of 4CoolKids and our
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilizing 4CoolKids's name or trademarks
without the express written consent of 4CoolKids. Any unauthorized use
terminates the permission or license granted by 4CoolKids. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home
page of 4CoolKids so long as the link does not portray 4CoolKids, its
affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any 4CoolKids logo or other
proprietary graphic or trademark as part of the link without express written
permission.
YOUR ORDER NUMBER AND E-MAIL ADDRESS
If you use this site, you are responsible for maintaining the
confidentiality of your order number and e-mail address and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. 4CoolKids does sell products for
children, but it sells them to adults, who can purchase with a credit card.
If you are under 18, you may use 4CoolKids only with involvement of a parent
or guardian. 4CoolKids and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of a card or other content. 4CoolKids
reserves the right (but not the obligation) to remove or edit such content,
but does not regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant 4CoolKids and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You
grant 4CoolKids and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify 4CoolKids or its affiliates
for all claims resulting from content you supply. 4CoolKids has the right but
not the obligation to monitor and edit or remove any activity or content.
4CoolKids takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT COMPLAINTS
4CoolKids and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for
Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from 4CoolKids are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to
you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
4CoolKids and its affiliates attempt to be as accurate as possible.
However, 4CoolKids does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by 4CoolKids itself is not as described, your sole
remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than 4CoolKids and its subsidiaries operate stores, provide
services, or sell product lines on this site. In addition, we provide links
to the sites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites.
4CoolKids does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should
carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY 4COOLKIDS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. 4COOLKIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 4COOLKIDS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4COOLKIDS
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 4COOLKIDS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4COOLKIDS WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting 4CoolKids, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you
and 4CoolKids or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to 4CoolKids or to products
you purchase through 4CoolKids shall be submitted to confidential arbitration
in San Jose, California, except that, to the extent you have in any manner
violated or threatened to violate 4CoolKids's intellectual property rights,
4CoolKids may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on
this site. These policies also govern your visit to 4CoolKids. We reserve the
right to make changes to our site, policies, and these Conditions of Use at
any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
4Coolkids
2782 Forbes Ave
Santa Clara, CA 95051-6249
http://www.4CoolKids.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide 4CoolKids's copyright agent the written
information specified below. Please note that this procedure is exclusively
for notifying 4CoolKids and its affiliates that your copyrighted material has
been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site,
including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
4CoolKids's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Office of the General Counsel
4Coolkids
2782 Forbes Ave
Santa Clara, CA 95051-6249
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