Terms & Conditions

Effective Date: October 26, 2022

THIS AGREEMENT FOR TERMS OF USE (referred to as the "Agreement") is a binding legal contract between CREATIVE COOLER, LLC, an Oregon state-registered limited liability company (“Creative Cooler”), and the user, either an individual or a representative of an entity (“User”), regarding the use and access to Creative Cooler’s website at https://www.creativecooler.co/ (known as the “Site”) and any associated media, mobile website, or mobile application linked, or otherwise connected to it.

Non-compliance with any terms, conditions, and obligations set forth in this Agreement prohibits the User’s use of the Site, necessitating immediate cessation of use. Subsequent to this, the User’s association with Creative Cooler is rendered null and void, except for any ongoing obligations of the User to remit payment for services provided by Creative Cooler.

1. Rights to Intellectual Property

The Site, inclusive of all its source code, databases, functionality, software, website designs, audio, video, text, images, and graphics (collectively or individually referred to as the “Content”), and all trademarks, service marks, and logos contained therein (the “Marks”), is the sole property of Creative Cooler. All rights to this Content and Marks, protected under copyright, trademark, and other relevant intellectual property laws of the United States and international treaties, are held by Creative Cooler. The Content and Marks are available solely for informational and personal use. Reproduction, aggregation, republishing, uploading, posting, displaying, translating, selling, licensing, or any form of exploitation of any part of the Site or the Content for commercial purposes is strictly prohibited without prior written consent from Creative Cooler. All rights not expressly granted are reserved by Creative Cooler.

2. Material Ownership

While Creative Cooler retains rights over submissions as outlined in Paragraph 4 (“User Feedback”), the ownership of all designs and original source files created for the User (“Projects”) is vested in the User. In any instance where legal mechanisms might confer ownership of a Project, or part thereof, to Creative Cooler instead of the User, Creative Cooler will permanently and irrevocably transfer all interests in the Project to the User. The User guarantees that materials provided for incorporation into a Project are their property and do not infringe upon or misappropriate the rights of any third party, including intellectual property and publicity rights. Creative Cooler maintains the right to publicly display User’s design work (on social media, its website, etc.) unless a different arrangement is specified in section 18 of this document.

3. Usage of Third-Party Fonts

If a Project integrates fonts not owned by Creative Cooler and requiring commercial licenses for lawful reproduction, distribution, or public display by the User (“Third-Party Fonts”), Creative Cooler will notify the User in writing. This notification will detail the incorporation of Third-Party Fonts into the Project and the necessity for the User to acquire licenses from the respective rights-holders. This notice will provide sufficient information for the User to identify and purchase the required licenses. Upon receiving this information, the User is fully responsible for any legal consequences arising from failing to acquire licenses for any Third-Party Fonts used in the Project.

4. User Declarations

When utilizing the Site, the User declares and assures that they possess the legal capacity and consent to abide by these Terms of Use. The User confirms they are not a minor in their legal jurisdiction; will not access the Site via automated or non-human means; will not engage in any illegal or unauthorized use of the Site; and will ensure their use of the Site complies with all relevant laws and regulations.

5. Restricted Activities

The User is prohibited from using the Site for purposes other than those for which it is intended. The Site should not be employed for commercial purposes, barring those related to Creative Cooler's services to the User. The User is specifically prohibited from: unauthorized usage of the Site; extracting data or content to create or compile databases; circumventing, disabling, or interfering with the Site's security features; unauthorized framing or linking to the Site; deceiving, defrauding, or misleading Creative Cooler or its users; causing disruptions or undue burdens on the Site or Creative Cooler’s network systems; using the Site to compete with Creative Cooler; attempting to decrypt, decompile, disassemble, or reverse engineer any part of the Site's software; bypassing any access restrictions; harassing, intimidating, or threatening Creative Cooler’s employees or agents; removing copyright or other legal notices from the Content; copying or modifying the Site's software; uploading or transmitting viruses or disruptive material; and any actions that disrupt the Site's functionality or collect or transmit information passively or actively in a manner that harms Creative Cooler or is in violation of applicable laws and regulations.

6. User Contributions

Any questions, comments, suggestions, or other forms of feedback or contributions made by the User (“Contributions”) automatically become the exclusive property of Creative Cooler. Creative Cooler is under no obligation to treat Contributions confidentially. Creative Cooler holds all rights to use and distribute Contributions for any lawful purpose without needing permission, acknowledgment, or compensation to the User. The User acknowledges their right to provide such Contributions and waives any claims against Creative Cooler regarding the use of these Contributions in line with these terms or at Creative Cooler's sole discretion.

7. Site Management and Supervision

Creative Cooler retains the authority to monitor the Site for any breaches of these Terms of Use and to initiate suitable legal actions in response to such violations or any breach of relevant laws or regulations. Creative Cooler may also limit or deny access to the Site, or disable the User’s ability to use the Site at its sole discretion, without any obligation to notify or be liable to the User. All decisions regarding the Site’s management are aimed at safeguarding Creative Cooler's rights and property.

8. Data Privacy Agreement

By accessing the Site, the User agrees to adhere to the Privacy Policy as set forth and incorporated herein. The Site, hosted in the USA, may be subject to different data laws when accessed from other regions like the EU or Asia. Continued use of the Site and data transfer to the USA implies the User's explicit consent to such data transfer and processing. Creative Cooler does not solicit or collect information from individuals under 18 years old. In compliance with the US Children’s Online Privacy Protection Act, Creative Cooler will delete any personal data received from children under 13 without parental consent as soon as possible.

9. Refund Policy

Creative Cooler maintains discretion over refund decisions, without obligation to notify or be liable to the User. Refund requests are evaluated individually. If a refund is requested within the first month of service, all materials produced by Creative Cooler remain its property, with the User prohibited from using them. A refund, if approved, may be subject to a 25% fee of the remaining billable period. Creative Cooler reserves the right to pursue legal action for any violations of this clause.

10. Site Modifications

Creative Cooler reserves the right to alter, modify, or remove any content or parts of the Site at its sole discretion. This includes the right to modify or discontinue the Site, either in part or in its entirety, without notice or liability to the User.

11. Service Interruptions

Creative Cooler does not guarantee uninterrupted access to the Site. Interruptions due to hardware, software, or other issues beyond Creative Cooler's control are not subject to liability claims against the company. Users acknowledge that they bear the risk of any inconvenience or loss due to such service interruptions.

12. Governing Legislation

The interpretation and enforcement of these Terms of Use are governed by the laws of the State of Maryland, without giving effect to any principles of conflicts of law.

13. Legal Proceedings

Any legal proceedings arising from or related to these Terms of Use will be conducted in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. Parties using the Site agree to this jurisdiction and venue, waiving any objections based on personal jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to these Terms of Use.

14. No Warranty Statement

The Site is offered in its current state and as available. The User acknowledges that they are using the Site and its services at their own risk. Creative Cooler makes no guarantees, either express or implied, regarding the Site, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Creative Cooler is not liable for any inaccuracies, errors, or omissions in the Site's content, any personal injury or property damage resulting from Site use, unauthorized access to its servers and stored data, interruptions or termination of data transmission, or any harmful components transmitted to or through the Site. Additionally, Creative Cooler does not endorse or assume responsibility for any third-party products or services advertised or offered through the Site or linked sites.

15. Limitation of Liability and Indemnification

Creative Cooler, including its directors, employees, and agents, will not be responsible for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or legal fees, arising from the User's use of the Site. The User agrees to defend, indemnify, and hold harmless Creative Cooler and its affiliates from any claims, losses, liabilities, or demands, including legal fees, arising from their use of the Site, violation of these Terms, breach of representations and warranties, or infringement of third-party rights. Creative Cooler reserves the right to take over the defense of any claim for which the User is required to indemnify Creative Cooler, and the User must cooperate with Creative Cooler's defense of these claims.

16. User Data Responsibility

The User is solely responsible for all data they transmit or that relates to their activities on the Site. Creative Cooler is not liable for any loss or corruption of such data, and the User waives any right to action against Creative Cooler for any such loss or corruption.

17. Electronic Communication Agreement

The User consents to receive electronic communications from Creative Cooler and agrees that all electronic agreements, notices, disclosures, and other communications satisfy legal requirements for written communication. The User agrees to the use of electronic signatures, contracts, orders, and records for transactions initiated or completed through the Site, waiving any legal requirements for non-electronic records or methods of payment.

18. Display of Design Work

Creative Cooler retains the right to display design work through digital channels, including social media and its website, unless otherwise agreed upon. The User can enter into a non-disclosure agreement (NDA) with Creative Cooler, which would restrict Creative Cooler from publicly sharing the User’s work.

19. General Provisions

These Terms of Use, along with any policies posted on the Site, constitute the full agreement between the User and Creative Cooler. Creative Cooler's failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision. If any part of these Terms is found to be unlawful or unenforceable, that part will be severed, but this does not affect the validity and enforceability of the remaining provisions. These Terms, the Privacy Policy, or use of the Site do not create any joint venture, partnership, employment, or agency relationship between the User and Creative Cooler.

Contact Information

For any inquiries or concerns regarding the Site, users can reach out to Creative Cooler via: hello@creativecooler.co