Terms and Conditions

Terms and Conditions for Koolgen Interactives

These Terms and Conditions (“Terms”) govern your access to and use of the website https://www.koolgen.com/ (“Website”) and any services or products offered by Koolgen Interactives (“Koolgen Interactives”, “we”, “us”, or “our”). By accessing or using the Website or any services or products offered by Koolgen Interactives, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website or any services or products offered by Koolgen Interactives.

Use of Website

You may use the Website for lawful purposes only and in accordance with these Terms. You must not use the Website in any way that causes or may cause damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent, or harmful.

Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Koolgen Interactives, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

Disclaimer of Warranties

The Website is provided on an “as-is” and “as available” basis. Koolgen Interactives makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

Limitation of Liability

In no event shall Koolgen Interactives, its affiliates, licensors, service providers, content providers, employees, agents, officers, or directors be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or relating to your access to or use of the Website or any services or products offered by Koolgen Interactives, even if Koolgen Interactives has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Koolgen Interactives, its affiliates, licensors, service providers, content providers, employees, agents, officers, or directors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

Termination

Koolgen Interactives may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

Governing Law

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Modifications to Terms

Koolgen Interactives reserves the right to modify or replace these Terms at any time. If we make any material changes to these Terms, we will notify you by posting the updated Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

Miscellaneous

These Terms constitute the entire agreement between you and Koolgen Interactives and govern your use of the Website, superseding any prior agreements between you and Koolgen Interactives. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Koolgen Interactives’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.