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1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The Cool Site of the Day submission Service ("Cool Site of the Day submission" or the "Service"), owned and operated by C Notes Interactive, Inc. ("Cool Site of the Day") is provided to you ("you” or "Applicant") under the terms and conditions of this Cool Site of the Day submission Service Agreement (the "Agreement").
1.2 BY COMPLETING THE submission FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.3 Cool Site of the Day reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.
2.0 DESCRIPTION OF Cool Site of the Day submission
2.1 Cool Site of the Day submission is a fee-based expedited service provided by Cool Site of the Day to consider your web site for selection as a Cool Site of the Day. Selection is not guaranteed.
By submitting your site, Cool Site of the Day will consider and respond to your request for nomination and selection as a Cool Site of the Day on an expedited basis for a one-time fee of $49, or completion of an approved sponsor offer (as detailed specifically on Cool Site of the Day). In consideration of your payment and participation in accordance with this Agreement, Cool Site of the Day agrees that a member of Cool Site of the Day's editorial staff will look at your site, consider it for nomination, and respond to you within four (4) business days from the date that you submit your site for consideration (excluding holiday periods observed by Cool Site of the Day and any delays due to problems processing your request). Response times are measured based on Cool Site of the Day's mail servers.
2.2 In order for Cool Site of the Day to consider your site for nomination, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable fee for initial consideration as a Cool Site of the Day.
2.3 If your site offers services on a subscription basis, you must provide Cool Site of the Day a trial password or subscription ID as part of the registration form. The password/subscription ID will be valid for a period of not less than 90 days and will be used by Cool Site of the Day solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below.
2.4 The current fee for Cool Site of the Day submission is US $49 applicable for each web site submitted that does not include adult content and/or services. A free submission alternative is also offered. NO site offering adult content and/or services will be accepted. You acknowledge that the payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE NOMINATED or SELECTED. Your payment only guarantees that Cool Site of the Day will consider and respond to your request within seven business days, by either selecting or not selecting your site. You expressly agree to pay to Cool Site of the Day such fee whether or not your site is selected or denied for nomination
2.5 NOTHING IN THIS AGREEMENT OBLIGATES Cool Site of the Day TO NOMINATE, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON Cool Site of the Day OR IN THE ARCHIVE.
3.0 MINIMUM SITE CRITERIA
3.1 All web sites submitted using Cool Site of the Day submission must meet the following minimum criteria:
- If the site is a commercial web site, the official business name must be visible to any visitor to that site;
- The site must clearly define its purpose, products, and/or services;
- The site must contain substantively unique content, as determined by Cool Site of the Day's editorial staff
- If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
- The site must not contain any parts under construction;
- All links on the site must work (and must link to relevant content);
- The site must be in the English language (or have an English version available);
- The site must support multiple browsers and capabilities (e.g., no Java-only sites);
- The site must be up and running 24 hours a day, 7 days a week;
- The site must not contain any content, products, services or other information that, in Cool Site of the Day's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone's rights, or that, Cool Site of the Day believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of Cool Site of the Day.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND Cool Site of the Day, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE.
4.0 SELECTION AND LISTING OF SITES
4.1 Cool Site of the Day reserves the right to decide whether, where, and how a site is selected. If Cool Site of the Day selects your web site, Cool Site of the Day will consider your preferences, but reserves the right to position your Cool Site of the Day Award on any day of the week as Cool Site of the Day deems appropriate, in its sole discretion. Once Cool Site of the Day selects your site, that site shall be treated as any other previously nominated and selected site.
4.2 Cool Site of the Day also reserves the right, in its sole discretion, to remove your site from the Best of Cool Sites Archive, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site from the time it was selected.
4.3 Any and all press releases and other public announcements related to your nomination and selection, including the method and timing of such announcements, must be approved in advance by Cool Site of the Day in writing. Cool Site of the Day reserves the right to withhold approval of any public announcement in its sole discretion.
5.0 FEEDBACK
5.1 Cool Site of the Day will contact Applicant by email describing whether the site has been selected or rejected.
6.0 APPLICANT PRIVACY
6.1 Cool Site of the Day maintains information about Applicant on Cool Site of the Day servers, including but not limited to Applicant's registration information. Applicant agrees that Cool Site of the Day may use such information in aggregate form for marketing or other promotional purposes as noted in our Privacy Policy. Applicant agrees that Cool Site of the Day may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Cool Site of the Day or others; provided, however, that nothing in this section shall impose a duty on Cool Site of the Day to make any such disclosures.
6.2 Cool Site of the Day may contact Applicant regarding Cool Site of the Day submission using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Cool Site of the Day or it’s advertisers.
7.0 INDEMNITY
Applicant agrees to indemnify, defend and hold harmless Cool Site of the Day, and its parents, subsidiaries, affiliates, officers, directors, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others.
8.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Cool Site of the Day, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Cool Site of the Day IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, Cool Site of the Day's ACCEPTANCE OR REJECTION OF A SUBMITTED SITE, OR Cool Site of the Day's CONTINUED LISTING OF A SITE IN THE PREMIUM ARCHIVE.
Cool Site of the Day’s LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Cool Site of the Day UNDER THIS AGREEMENT.
9.0 FORCE MAJEURE
Cool Site of the Day is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
10.0 NOTICES
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Cool Site of the Day, such notices shall be addressed to support@coolsiteoftheday.com or to Cool Site of the Day submission at PO Box 439 Chappaqua, NY 10514. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Cool Site of the Day is notified of any changes to Applicant's address as specified in this Section.
11.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Cool Site of the Day Terms of Service and the Cool Site of the Day Privacy Policy.
12.0 GENERAL
The Agreement and the relationship between Applicant and Cool Site of the Day are governed by the laws of the state of New York, U.S.A. without regard to that state's conflict of laws rules.
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