Terms of Service

Our terms of service are the stipulations that guide our services and operations.

This website is operated by Cool Portraits.

The terms ‘we’, ‘us’ and ‘our’ refers to Cool Portraits. Cool Portraits offers this website, including all the information stated above, including the tools and services to you, the user, upon your acceptance of the terms, conditions, policies, and notices stated here.

By visiting our site and purchasing from us, you engage in our service and agree to be bound by our terms and conditions known as the ‘Terms of Service’. To learn more about our terms of service, read on.

Section 1 – Online Store Terms

By agreeing our terms of service, you have confirmed that you are 18 and above, or you are at the appropriate legal age as applicable in your country or region.

You also confirm that we can give the consent of using our site to your minor dependents.

You may not use our product for any illegal or unauthorized purpose, and you may also not be allowed to violate any of the laws in your country or jurisdiction when using our service.

You are not allowed to transmit any worm or virus in the cause of using this website.

Any breach or violation of the terms stated above may result in immediate termination of your services.

Section 2 – General Conditions

We retain the rights to refuse our services to anyone at any given point in time for any reason.

You should also know that your contents, apart from the details of your credit card may be transferred unencrypted to other sites or networks in the course of doing business with us.

You have also agreed not to duplicate, copy, resell, transfer, reproduce or exploit any part of this service or website through which the service is being offered.

Section 3 – Accuracy, Completeness, and Timelessness of Information

While we are responsible for our site and the products and services we offer, we must also let you know that we are not responsible for the accuracy or completeness of the information you may find on this site.

Although the information provided on this site is for public and general enlightenment, they should not be solely relied on when you are seeking information to make final decisions on things. Instead, you should seek for more knowledge and information on said topics. This is because some of the information we have here may become outdated at some point and we would not be responsible if you do not notice this and act on such information.

We may decide to update information on this site when we deem it fit.

Section 4 – Modifications to the Service and Prices

We reserve the rights to modification of prices of goods and terms of service on this site. While embarking on this, are not bound by any law to inform anyone of our desire to change prices, amend any service or even discontinue a particular service at any given point in time.

As such, when we modify our terms of service or change the price of any good on this site, we are not liable to you or any third party for that matter.

Section 5 – Products or Services (if applicable)

Some of our products or services (when applicable) may be available only online. We are not bound by any law to make these products available through any other medium. Also, when we display our products online, the colors and sizes, plus other vital information are included. If by any reason, you couldn’t decipher these details on your computer when ordering, we owe you no obligation at all.

We also retain the rights on who, how, where and when to sell our products and services, and we are not obligated to sell to any group, individual or region.

Section 6 – Accuracy of Billing and Account Information

By visiting our website, you agree to provide every single piece of information with accuracy. These pieces of information include purchase and account information, which are what is needed to facilitate the business activities. As such details such as credit card numbers, account details, email address, etc. must be provided accurately in order to facilitate the quick and accurate conduct of business.

Section 7 – User Comments, Feedback, and Other Submissions

We reserve the rights to use any comments, feedbacks or submissions you send into us for any purpose either on our site or at any other external site without consulting you.

You agree that your comments may not violate any of our laws, including third party, copyright, trademark, privacy, and personality. We reserve the right to take the necessary actions against you when you breach any of these rules. You also agree that you are responsible for any comments or submissions you make on this site.

Section 8 – Personal Information

Your submission of personal information on our site is governed by our privacy policy terms.

Section 9 – Errors, Inaccuracies, and Omission

In the case of providing information that are erroneous, inaccurate or incomplete on our site, we retain the right to correct them without informing you, even when such corrections affect your orders or any other activities on our site.

We are also no under obligation to clarify any terms and conditions as it regards our products and their pricing to anyone.

Section 10 – Termination

Terminating the agreement between us can be done by either of the parties involved. If we suspect that you have broken any of our terms of service through your actions, we reserve the right to terminate the relationship between us.

You can also decide to terminate the agreement between us by informing us of your desire to stop using our site. You can also do so by simply refusing to make use of our site again.

To learn more about our other terms of service, you can simply reach out to us by filling the contact form on our website or sending in a mail to us.

se from us, automatically engages in our service and as such, will be held to the following“Terms of Service” as well as the additional policies and terms referenced herein and/or available via hyperlink. Our Terms of Service is applicable to every user visiting the website, including the users who are merchants, customers, browsers, and individuals who contribute content.

We implore all users to read our Terms of Service thoroughly before they access or use the site. As accessing the website or using our services is on its own an agreement to be bound by our terms and conditions. If you are not in agreement with these Terms of Service, then you should refrain from accessing or using this site. Should you consider these terms and conditions an offer, acceptance is limited to our Terms of Service.

Every new feature, tool, item or resource added in the future to the store as it is shall be subject to this Terms of Service. The current version of our Terms of Service will always be available on this page to be viewed by all users at any time. We reserve the right to make changes and update our terms and conditions by posting the changes and/or updates to the site. It is the responsibility of the user to check this webpage regularly for updates and changes on the terms. Accessing our website and using our services after an update on these Terms of Service constitutes acceptance of the updated terms and conditions.

Our online store is hosted on Shopify Inc. Shopify provides the e-commerce platform on which we offer our services and sell our products to our customers.

Section 11 – User Comments, Feedback, and Other Submissions

If you send certain submissions to us, for example, proposals, suggestions, and creative ideas, whether at our request or without a request, via email or post mail or left as a comment on the site, you give us your consent to allow us copy, edit, publish, distribute and use your forwarded content without restriction at any time on any medium. We are not under any obligation to (1) keep comments in confidence; (2) pay compensation to users for comments; or (3) respond to comments.

We may, however, we are not obligated to monitor, modify or delete content that we deem in our sole discretion to be offensive, unlawful, libelous, obscene, pornographic, threatening, defamatory or content that violates our terms and conditions or any party’s intellectual property. You agree that you will not post any objectionable or libelous content or transfer any computer virus or malware that could impair our services and by extension, the website. You further agree that any content you submit will not violate the policies and proprietary or personal right of any third-party including privacy, trademark, and copyright.

Also, you are prohibited from using a false identity, claiming another person's identity or employing other means of false identification that could mislead us or third-parties as to the user behind a comment. All users are responsible for every comment they make and we shall not assume liability for comments made by a user or any third-party.

Section 12 – Personal Information

Every bit of personal information submitted on this website is governed by our Privacy Policy. Please review our Privacy Policy for more information.

Section 13 – Errors, Inaccuracies, and Omissions

Sometimes, the information on our website may be inaccurate either based on typographical errors or omissions. These inaccuracies may be found in pricing, product descriptions, availability, shipping costs, offers, and promotions. We reserve the right to correct these inaccuracies in the information we provide and to update this information without notice, even after you may have made an order related to the modified information.

We are under no obligation to modify or update information related to our products and services except as required by law. It should not be assumed that that information provided on the website has been updated or modified based on a specified update or refresh date.

Section 14 – Prohibited Uses

In addition to the other prohibitions stated in these Terms of Services, you are also prohibited from using our website or the content herein: (a) for unlawful or illegal purposes; (b) to solicit other individuals to engage in unlawful acts; (c) to infringe upon any international, federal, provincial or state laws, rules and regulations; (d) to infringe upon our intellectual property rights or that of others; (e) to abuse, disparage, harass, harm, insult, slander, intimidate, or discriminate against others based on age, religion, race, ethnicity, gender, sexual orientation, nationality or disability; (f) to post wrong or misleading information; (g) to transmit computer viruses or any other type of destructive code that could upset the smooth running or functionality our website, any related website or the internet as a whole; (h) to collect and/or monitor the personal data of others; (i) to spam, phish, pretext or crawl; (j) for any obscene, objectionable or offensive purpose; or (k) to bypass or interfere with the security features of our website, any related website or the internet as a whole. We reserve the right to terminate your access to our website and your use of our services should you violate any of the aforementioned prohibitions.

Section 15 – Disclaimer of Warranties and Limitation of Liability

We do not guarantee that the services we offer will be secure, prompt, steady or error-free. Neither do we guarantee accuracy in the results obtained from the use of our provided services. You acknowledge that occasionally, we may cancel certain services or discontinue them indefinitely without notifying you. You agree that your use of, or your inability to use our service as the case may be is solely at your own risk. You further agree that unless stated by us, all the products and services we offer will be made available to you as is it and without any express or implied warranty or conditions of any kind.

Under no condition shall Cool Portraits, our directors, employees, interns, partners, agents, suppliers, contractors, licensors or service providers be liable for any injury, loss or any kind of damage be it direct, indirect, punitive, incidental or consequential without limitation loss of data, lost savings, lost revenue, lost profits, replacement costs and other related damages, whether based in tort, contract or otherwise, arising from your use of any of our products or services, even if advised of their possibility. Ascertain jurisdictions do not recognize the limitation of liability for damages, whether incidental or consequential, in such jurisdictions, the liability of Cool Portraits shall be limited to the maximum extent as allowed by the law.

Section 16 – Indemnification

You hereby agree to indemnify, defend and hold Cool Portraits, our partners, subsidiaries, directors, contractors, employees, interns, suppliers, licensors and service providers harmless from any third-party demand or claim, including plausible attorneys’ fees, made as a result of your violation of our Terms of Service, the laws of a third-party and/or documents incorporated by reference.

Section 17 – Severability

In the event that any provision of our terms and conditions is deemed to be unenforceable, void or unlawful, such provision shall notwithstanding be enforced to the fullest extent as allowed by the law where it is applicable and the portion which was determined to be unenforceable, severed from these Terms of Service. Such determination will, however, have no influence on the enforceability and validity of the other provisions.

Section 18 – Termination

The liabilities and obligations incurred by the parties before the termination date shall be upheld by this agreement for all purposes. Unless terminated by Cool Portraits or you, these Terms of Service are and will remain effective. You are at liberty to terminate our terms and conditions at any point in time by notifying us of your interest in discontinuing our services. You also terminate these Terms of Service when you stop using our website.

We reserve the right to terminate our services if we determine that you have failed to comply with or breached the terms of this agreement. You agree that we may terminate this agreement at our sole discretion at any time we deem fit without notifying you. You further acknowledge and agree that we may accordingly, deny you access to our website and that you will remain liable for all amounts due up to the date of termination.

Section 19 – Entire Agreement

Our failure to enforce any provision of our Terms of Service or exercise our right does not constitute a waiver of such provision or right.

Our Terms of Service, as well as other policies established by Cool Portraits on this website, constitutes the full agreement between you and us. These Terms also govern your use of our services and shall supersede all previous versions of these Terms of Service in addition to any prior agreements and communications (oral and/or written) between you and us. Should there be any ambiguities in the interpretation and explanation of these Terms of Service, such ambiguities shall not be held against the drafting party.

Section 20 – Governing Law

Our Terms of Service, as well as any other separate agreements between you and us in connection with the services we provide, shall be governed by and construed in accordance with the laws of Spain.

Section 21 – Changes to Terms of Service

The current version of these Terms and Services will be available on this page for review at all times. We reserve the right to change or update any portion of these Terms of Service by posting the updated version on our website. It is the responsibility of the user to check this webpage regularly for updates and changes on the terms. Accessing our website and using our services after an update on these Terms of Service constitutes acceptance of the updated terms and conditions.

Section 22 – Arbitrator

Any arbitration between you and Cool Portraits will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cool Portraits. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Section 23 – Notice; Process

If you or Cool Portraits intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Cool Portraits will make good faith efforts to resolve the claim directly, but if you and Cool Portraits do not reach an agreement to do so within 30 days after the Notice is received, you or Cool Portraits may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cool Portraits must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any.

Section 24 – Fees

If you commence arbitration in accordance with these Messaging Terms, Cool Portraits will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Cool Portraits for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Cool Portraits agree that such written decisions, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Cool Portraits made within 14 days of the arbitrator's ruling on the merits.

Section 25 – No Class Actions

YOU AND COOL PORTRAITS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cool Portraits agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Section 26 – Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Messaging Terms, if Cool Portraits makes any future change to this arbitration provision, other than a change to Cool Portraits address for Notice, you may reject the change by sending us written notice within 30 days of the change to Cool Portraits address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Cool Portraits.

Section 27 – Enforceability

If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Section 27 – Contact Information

Please, you can contact us if you have any questions about these Terms of Service.

Cool Portraits Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Cool Portraits, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Cool Portraits reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Cool Portraits also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Cool Portraits, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to Cool Portraits’ Terms of Use and Cool Portraits’ Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Cool Portraits and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Cool Portraits through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our number to return customer care contact information.

Customer Care

If you are experiencing any problems, please visit https://coolportraits.com/pages/contact-us and submit the form with details about your problem or your request for support.

Contact

This messaging program is a service of Cool Portraits, located at V Uličkách, 164 00 Praha-Nebušice, Czech Rep.

Dispute Resolution

General

In the interest of resolving disputes between you and Cool Portraits in the most expedient and cost-effective manner, you and Cool Portraits agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Cool Portraits or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Cool Portraits or its service providers whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND COOL PORTRAITS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions

Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Cool Portraits to (i) bring an individual action in small claims court; (ii) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Notice; Process

If you or Cool Portraits intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Cool Portraits address for Notice is: V Uličkách, 164 00 Praha-Nebušice, Czech Rep., Attn: Media Eyes s.r.o. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Cool Portraits will make good faith efforts to resolve the claim directly, but if you and Cool Portraits do not reach an agreement to do so within 30 days after the Notice is received, you or Cool Portraits may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Cool Portraits must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any.

Fees

No Class Actions

YOU AND COOL PORTRAITS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cool Portraits agree otherwise in signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision

Notwithstanding anything to the contrary in these Messaging Terms, if Cool Portraits makes any future change to this arbitration provision, other than a change to Cool Portraits' address for Notice, you may reject the change by sending us written notice within 30 days of the change to Cool Portraits address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Cool Portraits.

Enforceability