What's in these terms?
This acceptable use policy sets out the content standards that apply when you purchase, sell or display NFTs, browse our site, upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Who we are and how to contact us
HIGHROAD MEDIA LIMITED (trading as Cool Rivers), a company incorporated in England and Wales under number 14085512, whose registered office is at Wellesley House, 204 London Road, Waterlooville, Hampshire, England, PO7 7AN ("We", "Us").
coolrivers.co is a site operated by HIGHROAD MEDIA LIMITED (trading as Cool Rivers).
Our VAT number is 439870257
To contact us, please email info@coolrivers.co
What’s in these terms?
These Terms of Use ("Terms") govern your access to and use of the Cool Rivers website including any content, functionality, and services offered on or through https://coolrivers.co (the "Site") or in connection with our services. These Terms set out your rights and responsibilities when you use Cool Rivers to buy, sell, create, publish or display non-fungible tokens, so please read them carefully.
This acceptable use policy within these Terms sets out the content standards that apply when you purchase, sell or display NFTs, browse our site, upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
We offer a marketplace that facilitates transactions between creators and buyers, but we are not a party to any agreement between the buyer and seller of NFTs or between any Users. You can search our curated selection of NFTs, purchase either using crypto-currency or using "traditional" currency via our payment provider Stripe. Both Methods use a third party Wallet provider. Some NFTs include physical elements, such as access to events and printed items. You can display and share your purchased items via our Drift showcase.
Cool Rivers is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.
By clicking on the "I Accept" button, completing the account registration process, or using the Services, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age.
If you do not agree to these Terms of Use, you must not access or use the Site or the Services.
There are other terms that may apply to you
Our Privacy Policy
Our Acceptable Use Policy, as set out within these Terms (below), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Our Cookie Policy which sets out information about the cookies on our site.
We may make changes to these Terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 18-10-2023.
"Creator" means a User who makes digital collectibles in the form of art, photographs, images or music that is minted into NFTs and sold on Cool Rivers.
"Creator Content" means digital collectibles that a Creator creates, descriptions of the Creator and the Creator's work, and any other information posted by a Creator that is not Profile Information.
"Digital collectibles" means digital art, sport, music that a Creator or Publisher sells on the Cool Rivers platform in the form of NFTs.
"Drop Terms" means the number of editions, format, and price with which a Publisher or Creator sells digital collectibles through Cool Rivers.
"Marketplace Services" means the purchase, sale, or display of NFTs.
"Minting" means the process by which a unique token is created on a blockchain. Only after minting an NFT is the digital collectible stored on the blockchain.
"Minting Services" means the minting, display and sale of digital collectibles in the form of NFTs.
"NFTs" means non-fungible tokens.
"Platform" means the Cool Rivers platform
"Publisher" means someone who sells on behalf of a creator.
"Publisher Content" means digital collectibles that a publisher sells on behalf of a creator.
"Services" means the Marketplace Services, Minting Services.
"User" means anyone who uses Cool Rivers for the Services.
"Wallet" means the third party software that stores your NFT purchases.
Account Registration
To use our Services, you need to create an account with us, providing valid personal information. We may require you, in our sole discretion, to provide additional information and/or documents such as a government-issued ID and video selfie for KYC (Know your Customer) measures.
You can link your account to a pre-existing Wallet or we can create a new one for you, but it will then be your responsibility to manage. We do not have direct access to your Wallet.
If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services. Your Cool Rivers account is subject to the following conditions:
Accounts: You may only open one account on Cool Rivers. If we have a reasonable suspicion that you have opened multiple accounts on Cool Rivers, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your accounts.
Access: you understand and agree that access to your Cool Rivers account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Cool Rivers account to any person without our prior written permission.
Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access the Services. You should not share your password with anyone else and should keep it safe and secure. Your password is personal to you and your account with us. Any unauthorised access to your account by third parties could result in the loss or theft of NFTs and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorised access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorised or suspicious activity in your account, please notify us immediately and provide all relevant details.
Trading Fees: by buying or selling an NFT on Cool Rivers, you agree to pay all applicable fees and you authorise Cool Rivers to automatically deduct fees directly from your payment.
Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record are considered valid.
Prohibited uses
You may not use our site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);}
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
in any way that involves child sexual exploitation or abuse;
to upload terrorist content.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms;
not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
Use of Service/User conduct
We hereby grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site and Services. Our grant of such licence is subject to the following conditions:
Prohibited Uses: You agree that you will not use the Site or Services in any way which is prohibited under the “Prohibited Uses” section, above.
Inappropriate Behaviour: you agree not to interfere with other users' access to or use of the Services.
Inappropriate content: you agree not to create or display NFTs or other items that promote suicide or self-harm, incite hate or violence against others or dox another individual.
Inappropriate usage: you agree not to use the Services for any illegal or unauthorised purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms herein.
Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
Fraud: you agree not to engage in any activity which operates to defraud Cool Rivers, others users, or any other person; or to provide any false, inaccurate, or misleading information to Cool Rivers.
Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use Cool Rivers Content (as later defined) without our express written consent; or (3) engage in any action that implies an untrue endorsement or affiliation with us.
Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Creator Content or Publisher Content; (2) modify or create derivative works from the Site, Creator Content or Publisher Content, or any portion thereof; (3) use any data mining, robots, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorised by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services, pages or functionality of our Site; (4) download any portion of the Site other than for purposes of page caching, except as expressly permitted by us.
Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable licence to create a text hyperlink to the Site for non-commercial purposes, provided that such link does not portray Cool Rivers, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that are offensive, harassing, or otherwise objectionable.
If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the email address provided at the beginning of these Terms.
By using the Services, you understand the importance of "DYOR"- doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about your NFT, collection, or account that you view or otherwise interact with in conjunction with our Services. We make no claims, guarantees or recommendations about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.
Payment and Purchasing
We accept payments in digital (ETH) and fiat currencies (USD, GBP, EUR). Clarification on the purchasing process and possible fees can be found [here].
Payment for fiat currencies is via our third party payment provider Stripe. Payment in digital currencies is via the Ethereum blockchain.
We are not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto ("Taxes"), that apply to your NFT transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your NFT transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a NFT transaction are exclusive of sale, use, value added or similar Taxes ("Sales Taxes") which shall be your responsibility. Any payments with respect to your NFT transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a "Withholding Tax") from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made.
Terms of Sale
By placing an order on or through Cool Rivers, you agree that you are submitting a binding offer to purchase such NFT or Service. Your order is accepted and confirmed once purchase is complete, and Cool Rivers displays the Confirmation Page ("Confirmation Page"). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF AN NFT BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
You will have a period of 14 days from the date of purchase to re-sell the NFT back to the seller.
No refunds or returns are permitted except with respect to any statutory warranties or guarantees that cannot be excluded or limited by law.
No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Creators or Publishers may choose to provide certain rights to holders of their NFTs, which may include, but is not limited to, physical items, special access, or other exclusive content (collectively, "Additional Items"). Any Additional Items will be provided directly to you from the Creator or Publisher; we have no involvement in such transactions and we are not a party to such transactions. Notwithstanding the above, Cool Rivers may allow the Creator or Publisher to publish a description of the Additional Items on the Site. If you own an NFT that entitles you to Additional Items, you hereby consent to Cool Rivers sharing your contact information with the Creator or Publisher to facilitate delivery of your Additional Items.
Cool Rivers will receive payments on behalf of the seller of a NFT as the seller's agent. If you are a seller of an NFT, you appoint Cool Rivers as your agent for the limited purpose of receiving, holding and settling payments by buyers of the NFTs you sell.
A payment received by us from a buyer, on the seller's behalf, satisfies the buyer's obligation to the seller in the amount of the payment received, regardless of whether we actually settle such payment to the seller. In the event that we do not make any such payment to a seller as described in these Terms of Use, the seller will have recourse against us only and not against the buyer, as such payment is deemed to be made by the buyer to the seller upon receipt by us. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, the seller agrees that we are not liable for seller's acts and omissions and understands that we disclaim any such liability.
Resale and Transfer
Resale or transfer of NFTs is allowed, but some NFTs might require adhering to a future resale profit-sharing scheme to retain full functionality. We will publish further details of these when this function is available.
Accidental Transfers
Please note: exceptions to this clause may be considered and made on a case-by-case basis and in our sole discretion.
Account and Drift profile
The Site allows Users to create a profile where you can post certain information about yourself, link to other websites, and display NFTs that you own (called your "Drift", collectively, "Profile Information").
Any Profile Information you post to the Site will be considered non-confidential and non-proprietary. All Profile Information must comply with these Terms.
Although we are not required to monitor any Profile Information, we may, in our sole discretion, remove Profile Information at any time and for any reason without notice.
Cool Rivers may monitor Profile Information to detect and prevent fraudulent activity or violation of Cool River's Terms.
Account closure
You may close your account at any time.
You agree and understand that closing an account will not affect any rights and obligations incurred prior to the date of account closure.
You may be required to either cancel or complete all open transactions and, in accordance with the provisions of these Terms, provide transfer instructions of where to transfer any NFTs, fiat currency, and/or digital assets remaining in your account.
You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of NFTs, fiat currency, or digital assets) associated with the closing of your account.
In the event that the costs of closing of your account exceed the value in your account, you will be responsible for reimbursing us. You may not close any of your accounts to avoid paying any fees otherwise due.
Communication
Data Privacy
To keep customer data safe, we comply with the principles and practices relating to Processing of Personal Data set out in the Data Protection Act and the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (GDPR).
Your Personal Data shall only be collected and kept for the purpose of providing you with the Services and will only be retained for the period of time relevant to the provision of Services.
We will maintain retention policies and procedures to ensure your Personal Data is deleted after a reasonable time for the purposes for which it was being held unless a law requires that data is to be kept for a minimum time.
You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Cool River's Privacy Policy which can be found here.
Creator Content
If you are a Creator, the Site allows you to publish Creator Content and mint your Artwork into NFTs. If you are a Creator, you understand and agree that you are responsible for any Creator Content you submit or contribute. You provide a warranty to Cool Rivers that you own the copyright in any Creator Content and/or have rights to distribute and disseminate the Creator Content and you, not Cool Rivers, have full responsibility for such content, including its non-infringement of third party rights, legality, reliability, accuracy, and appropriateness. All Creator Content must comply with these Terms.
We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any Creator Content posted by you. You understand and acknowledge that any Creator Content that violates any of Cool River's policies may be obfuscated or deleted by Cool Rivers, in its sole discretion.
Although we are not required to monitor any Creator Content, we may, in our sole discretion, remove Creator Content at any time and for any reason without notice. Cool Rivers may monitor Creator Content to detect and prevent fraudulent activity or violation of Cool River's Terms.
If you are a Creator, you shall indemnify us and hold us harmless against all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and reasonable professional costs and expenses) arising out of and in connection with you uploading material on our Site which infringes a third party’s intellectual property rights.
Creator Licences
If you are a Creator, by providing any Creator Content to Cool Rivers, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for the purpose of providing you with Minting Services. Minting is the process by which a unique token is created on a blockchain. Only after minting an NFT is the digital collectible stored on the blockchain.
Any copyright created, from us and our affiliates, licensees or successors reproducing, modifying, performing, displaying, distributing, retransmitting, publishing, broadcasting and otherwise disclosing to third parties any such material for the purposes of providing Minting Services, shall remain with the Creator.
Cool Rivers the right to use your name and image for marketing or promotional purposes. You further agree that we may use images from your Creator Content for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote your Creator Content.
Creator Representations & Warranties
If you are a Creator, you represent and warrant that:
you own or have the rights to all of the Creator Content that you post to Cool Rivers;
your Creator Content does not violate these Terms of Use;
you have acquired and will retain any third-party rights, licences, authorisations, consents, permissions and approvals relating to your Creator Content and required for Cool Rivers to exercise the licence granted to it in these Terms;
your Creator Content does not incorporate any artwork that is stolen or reproduced and is not designed such that it will create confusion due to its similarity with existing projects;
your Creator Content is free of any hate or harmful speech, as determined by Cool Rivers in its sole discretion; and
you will comply with all applicable laws, regulations and industry standards when posting your Creator Content.
Accuracy of Information and Availability of the Site.
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
We may suspend or terminate operation of the Site at any time as we see fit.
Any general information provided on our Site does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
Intellectual Property and ownership
Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the Cool Rivers logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Cool Rivers Content") are the proprietary property of Cool Rivers or our affiliates, licensors, or users, as applicable. The Cool Rivers logo and any Cool Rivers product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Cool Rivers or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use any Cool Rivers Content to link to the Site without our express written permission. You may not use framing techniques to enclose any Cool Rivers Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Cool Rivers and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Cool Rivers.
Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
Outside the Cool Rivers Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by Cool Rivers infringes your copyright or trademark rights, please file a notice of infringement by contacting Cool Rivers' Copyright Agent at info@coolrivers.co.
In such event, please provide Cool River's Copyright Agent with the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and (6) 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 authorised to act on the copyright owner's behalf.
Cool River's policy is to suspend or terminate the account of repeat infringers. Cool River's response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of three valid infringement notices.
On purchasing an NFT, you will receive a licence to use the IP relating to the NFT. Full details of this are available in the smart contract relating to the NFT which you are purchasing. Please review the Platform for more information.
Account Suspension & Termination
We hold the right to suspend or terminate any account which violates our Terms. This may limit your access to your NFTs.
Cool Rivers has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that:
your account is being used for money laundering or any illegal activity;
you have concealed or provided false identification information or other details;
you have engaged in fraudulent activity;
you have acquired NFTs using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to chargeback your payment while retaining or disposing of a NFT);
you are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on Cool Rivers; and/or
you have otherwise acted in violation of these Terms.
IF Cool Rivers HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), or (5) ABOVE, Cool Rivers RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY NFTs PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.
Modifications
You agree and understand that we may modify part or all of Cool Rivers Site or the Services without notice.
It is your responsibility to refer to these Terms from time to time to ensure you are aware of any updates made.
These Terms of use are subject to change. Users will be informed of any significant changes. Continued use of the Site following such changes implies acceptance of these changes.
Risks
Please note the following risks in accessing or using Cool Rivers:
The price and liquidity of blockchain assets, including NFTs, are extremely volatile and may be subject to large fluctuations;
Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility;
Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of NFTs;
NFTs are not legal tender and are unregulated and are not backed by the UK government;
Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
Capital gains tax and/or other taxes may be payable on profits;
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Cool Rivers has no ability to reverse any transactions on the blockchain;
Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear;
The nature of NFTs may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by us may prevent the access to or use of your Digital Assets;
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Cool Rivers has no ability to reverse any transactions on the blockchain;
Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear;
The nature of NFTs may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by Cool Rivers may prevent the access to or use of your Digital Assets;
Changes to Third Party Sites (discussed below) may create a risk that your access to and use of the Site will suffer.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Cool Rivers does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and purchase strategies for, NFTs. You agree and understand that you access and use Cool Rivers at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that Cool Rivers will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
Force Majeure.
"Force Majeure Event", means an event or sequence of events beyond a party's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Terms.
A Force Majeure Event includes an act of God, fire, flood, lightning, pandemic (as declared by the World Health Organisation), earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, strike, lockout or boycott or other industrial action including those involving Cool Rivers or its workforce, including any matters relating to transfer of data over public communications networks and any delays or problems associated with any such networks or with the internet.
In the event of a Force Majeure Event we will use our reasonable endeavours to have the Site functioning as soon as practicable but time will not be of the essence.
We shall have no liability to you for any breach of these Terms caused by a Force Majeure Event. You shall have no right to cancel any contract with us as a result of a Force Majeure Event.
On occasion our Site may be unavailable whilst we carryout scheduled maintenance. You acknowledge that downtime due to maintenance is not considered a Force Majeure Event but you agree that we shall have no liability to you for the fact that the Site is unavailable during any period of scheduled maintenance.
Third Parties
Cool Rivers may rely on third-party platforms, including but not limited to MetaMask to perform NFT transactions and Stripe for Fiat transactions. Our Site may contain links to third-party websites or applications (collectively, "Third Party Sites"). Cool Rivers does not own or control Third Party Sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. Cool Rivers is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Cool Rivers provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.
Limitation of liability & indemnification
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury arising out of our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
losses that:
were not foreseeable to you and us when these Terms were formed; or
that were not caused by any breach on our part;
business losses; and
losses to non-consumers.
We do not provide any express or implied warranties regarding the operation or services of our Site.
Contact Information
For any further queries, concerns or disputes, feel free to contact us at info@coolrivers.co.
Dispute Resolution
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with us please contact us as soon as possible.
If you and we cannot resolve a dispute using our complaint handling procedure, we will:
let you know that we cannot settle the dispute with you; and
You may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the 'Your Europe' portal: https://webgate.ec.europa.eu/odr/.
If you want to take court proceedings, please see Governing law and Jurisdiction, below.
Governing Law
These Terms of Use are governed by English law. You and we both agree that the English courts of will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.