Terms of Use
These terms of use (together with the documents referred to in it) (the “Terms of Use”) set out the terms and conditions on which you may make use of our website www.SmthKool.com (the “Site”), whether as a guest or as a registered user (a “Member”). Use of the Site includes accessing, browsing, downloading documents or registering to use the Site. Please read these Terms of Use carefully before you start using the Site, as these will apply to your use of the Site. By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site. The Site is intended for use by business or professional users in a B2B context.
Other Applicable Terms
These Terms of Use should be read in conjunction with our Website Privacy Policy, which also applies to your use of the Site. By registering as a Member on the Site or entering data in contact or other forms, you consent to such processing and you warrant that all data provided by you is accurate.
Information About Us
The Site is owned and operated by the Something Cool, King & Diekmann GbR (“Something Cool”), registered in Germany, Registration Number: 30/286/14611 and having its registered office at Schulstrasse 14, Tangstedt 22889, Germany. To contact us, please email he***@sm******.com.
Accessing the Site
The information on the Site is made available free of charge. Something Cool does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. Something Cool will not be liable to you if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and that they comply with them.
Your Account & Password
If you choose to register as a Member, you will be provided with a user identification code and a password. You must treat such information as confidential. You must not disclose it to any third party. Something Cool has the right to disable any user identification code or password, whether chosen by you or allocated by Something Cool, at any time, if you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Something Cool at he***@so***********.com.
Changes to the Site
Something Cool may update its Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time and Something Cool is under no obligation to update it. The Site is provided on an ‘as is’ basis and Something Cool does not guarantee that the Site, or any content on it, will be free from errors or omissions.
Intellectual Property Rights
Something Cool is the owner or the licensee of all intellectual property rights on the Site, relating to content generated by Something Cool. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs or any graphics separately from any accompanying text. Something Cool’s status (and that of any identified contributors or Members) as the authors of content on the Site must always be acknowledged. You must not use any part of the content on the Site for commercial purposes without obtaining prior written permission to do so from Something Cool or its Members.
If you print, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Uploading Content to the Site
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other Members of the Site, you must comply with the standards set out in these Terms of Use. You warrant that any such contribution complies with those standards and you will be liable to Something Cool and indemnify Something Cool for any breach of that warranty.
Any content you upload to the Site will be considered non-confidential and non-proprietary and Something Cool has the right to use, copy, publish, distribute and disclose to third parties any such content for any purpose. Something Cool also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or of their right to privacy.
Something Cool will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other Member of the Site. Something Cool has the right to remove any post you make on the Site if, in its opinion, your post does not comply with the standards set out in these Terms of Use.
Viruses
Something Cool does not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service (DOS) attack or a distributed denial-of service (DOS) attack.
Something Cool will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
Linking to the Site
You may link to the Site provided you do so in a way that is fair and legal and does not damage Something Cool’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Something Cool’s part where none exists. You must not establish a link to the Site in any website that is not owned by you. Something Cool reserves the right to withdraw linking permission without notice. If you wish to make any use of content on the Site other than as set out above, please contact he***@so***********.com.
Third Party Links & Resources in the Site
Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Something Cool has no control over the contents of those websites or resources.
No Reliance on Information
The content on the Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although Something Cool makes reasonable efforts to update the information on the Site, Something Cool does not give any representations, warranties or guarantees, whether expressed or implied, that the content on the Site is accurate, complete or up-to-date.
Limitation of Liability
Nothing in these Terms of Use excludes or limits Something Cool’s liability for fraud or fraudulent misrepresentation, for wilful acts or omissions or for any other liability that cannot be excluded or limited by German law. To the extent permitted by law, we exclude all warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
Something Cool will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with
(i) use of, or inability to use, the Site and;
(ii) use of or reliance on any content displayed on the Site.
Something Cool will not be liable for
(i) loss of profits, sales, business, or revenue;
(ii) business interruption;
(iii) loss of anticipated savings;
(iv) loss of business opportunity, goodwill or reputation and, more generally;
(v) any indirect or consequential loss or damage.
Something Cool will not be liable for any loss or damage caused by a virus, distributed denial-of-service (DOS) attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites to which the Site links or is linked. Such links should not be interpreted as endorsement by Something Cool of those linked websites and Something Cool will not be liable for any loss or damage that may arise from your use of such linked websites.
Changes to These Terms of Use
Something Cool may revise these Terms of Use at any time by amending this webpage. Please check this webpage from time to time to take notice of any changes Something Cool made, as they are binding on you.
Applicable Law
These Terms of Use (and any non-contractual disputes or claims arising out of or in connection therewith) are governed by German law. You agree to the exclusive jurisdiction of the courts of Hamburg (Germany).
