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Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of COOLBEE. The collective work includes works that are licensed to COOLBEE. Copyright 2003, COOLBEE ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with COOLBEE or purchasing COOLBEE products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with COOLBEE or to purchase COOLBEE products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by COOLBEE. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of COOLBEE used in the site are trademarks or registered trademarks of COOLBEE
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, COOLBEE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. COOLBEE does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. COOLBEE does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
COOLBEE shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if COOLBEE has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a COOLBEE product is mistakenly listed at an incorrect price, COOLBEE reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. COOLBEE reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, COOLBEE shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by COOLBEE without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
COOLBEE may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to COOLBEE.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of COOLBEE products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of COOLBEE products) must be commenced within one (1) year after the claim or cause of action arises. COOLBEE's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. COOLBEE may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a COOLBEE or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
COOLBEE does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, COOLBEE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, COOLBEE reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to COOLBEE in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless COOLBEE, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, COOLBEE may link to sites operated by third parties. However, even if the third party is affiliated with COOLBEE, COOLBEE has no control over these linked sites, all of which have separate privacy and data collection practices, independent of COOLBEE. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, COOLBEE seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Taxes and Duties
For all the international orders, it is buyer's responsibility for paying import duties and/or VAT imposted on the items. As a business based on California, COOLBEE is only responsible to collect tax from California residents.
Terms and Conditions for GSM Phones
Because some of Cingular/AT&T
networks are still operated at GSM850 bandwidth, prior to purchasing a
tri-band phone (GSM900/GSM1800/GSM1900), all Cingular/AT&T
customers are recommended to contact your service provider to make sure
that GSM1900 is available in your area. T-Mobile customers can ignore this notice for T-Mobile Network is operated at GSM1900. A Quad-band phone
(GSM850/GSM900/GSM1800/GSM1900) should work with any GSM Network. It is buyer's responsibility to check the availability of GSM service as well as data service such as MMS, GPRS, WAP and Internet service with the network providers. COOLBEE will not accept network availability as the reason to return or exchange.
COOLBEE guarante that English language is available in our phones. Yet because the fact that most of the phones COOLBEE carried has not yet be released in North America. COOLBEE can not guarantee the availability of a manual in English. COOLBEE will not accept language of manual as the reason to return or exchange. COOLBEE does not require customers to subscribe any GSM network provider when purchasing cell phones. As a result, no SIM card will come with any cell phone purchases.
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