Terms of Use

Updated: December 8, 2020

Thank you for your interest in Coolmath’s Video Course “Intro to Making Games & Coding” (hereinafter referred to as the “Video Course”). The Video Course shows users how to make games on the game engine Construct 3 and teaches principles of coding.

Please carefully read these Terms and Conditions. If you do not agree to these Terms and Conditions, do not purchase or use the Video Course.

The Video Course utilizes tools from various third party websites (collectively, “Third Party Websites”):

Thinkific.com
Users will sign up for and take the Video Course on Thinkific.com

Construct.net
The Video Course uses Construct 3, a browser-based game engine available at construct.net.
Construct.net/en/terms-and-conditions
Construct.net/en/privacy-policy

Kenney
At times, the Video Course may ask users to download free game images from www.Kenney.nl.
Kenney.nl/terms-of-service

Netflify
Users may choose to host their completed games at Netlify.com, or at any hosting site of their choosing
Netlify.com/legal/terms-of-use
Netlify.com/privacy

Coolmath will make available supplementary instructions for the Video Course that will contain links to the Third Party Websites. Upon registration for the Video Course, you will receive an access code that allows for 6 weeks of free use of Construct 3 upon activation.

By using the Video Course, you agree to these Terms and Conditions, the terms of use and privacy policies of the Third Party Websites (above), and all applicable laws and regulations.

Privacy and Data Security

Except as otherwise described herein, Coolmath will handle your personal data in accordance with its Privacy Policy located at https://www.coolmathgames.com/privacyp, which is incorporated into these Terms and Conditions by this reference.

Please review the Privacy Policies of the Third Party Websites.

Additionally, by using the Video Course, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Course may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. We are not responsible for processes and networks that we do not control, including those of the Third Party Websites.

Content

Unless otherwise noted, the Video Course is owned, controlled or licensed by or to Coolmath and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms and Conditions, no part of the Video Course may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

Coolmath.com LLC does not guarantee (1) the accuracy of the Video Course content, (2) the accuracy of the information included in any of the Third Party Sites, or (3) that you will learn how to code and make games as a result of taking the Video Course.

Your Use of the Video Course

You agree to use the Video Course in compliance with all applicable laws, regulations and rulings. We reserve the right to terminate or restrict your access to the Video Course in our sole discretion if we believe you are using a site in a way that violates these Terms and Conditions, the terms and conditions of any of the Third Party Websites, or infringes upon another person’s rights.

Coolmath reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Video Course for any reason; (2) to modify or change the Video Course and any applicable policies or terms; and (3) to interrupt the operation of the Video Course as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Copyright Infringement Notice Procedures

If you believe that any copyright infringement exists on the Video Course, please use the following process to notify us. We will act expeditiously to remove infringing material once informed. All claims of copyright infringement should be in writing and should be directed to our Designated Agent below:

E-mail: [email protected]

Your notice must contain the following information:

1. Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed or as a person authorized to act on behalf of such owner).

2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single claim, a representative list of such works at that online site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address.

5. A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

6. A statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner.

Account; Return Policy

Please note that we use third parties not affiliated with us to host the Video Course and process payments for purchases. You agree that the third party processors are solely responsible for hosting the Video Course, and controlling, handling, processing, or fulfilling purchases processed through its systems. You may be subject to additional Terms and Conditions and/or privacy policies of such third parties when you visit the online store and/or purchase items.

When you provide payment information to Coolmath or to its payment processor, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Coolmath to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase. Coolmath or its processor may require you to provide your address or other information in order to meet their obligations under applicable law.

You agree that Coolmath will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of a charge made under this agreement.

Please let us know immediately if you suspect any unauthorized use of your credit card or login credentials.

We reserve the right to issue refunds at our sole discretion. If we provide a refund, we are not obligated to do so again in the future. In no event will a refund be issued after 30 days following your purchase.

Links to Other Sites

The Video Course contains links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under Coolmath’s control, and Coolmath is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer; Limitation of Liability

YOUR USE OF THE VIDEO COURSE IS ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE VIDEO COURSE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, SHALL COOLMATH, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE “COOLMATH PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OF THE VIDEO COURSE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE WE ARE NOT LEGALLY ENTITLED TO EXCLUDE ALL LIABILITY, OUR TOTAL LIABILITY FOR ANY LOSS OR DAMAGE RELATING TO THE VIDEO COURSE SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE (IF ANY) PAID BY YOU TO US. Your sole and exclusive remedy under this Agreement is as expressly set forth herein.

BY ACCESSING THE VIDEO COURSE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold Coolmath harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Coolmath by any third party due to or arising out of or in connection with (1) your access to or use of the Video Course; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Governing Law; Dispute Resolution

Irrespective of the residence of any user, these Terms and Conditions shall be governed by New York law excluding its conflicts of law principles. Except for claims related to intellectual property and disputes that qualify for small claims court, any dispute that arises shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, in New York, New York. NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE.

Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Users Outside of the United States

Coolmath and the Video Course are operated in the United States. Although the Video Course is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Video Course are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Video Course from outside the United States, you do so on your own initiative and you consent to the transfer of information outside of your country of residence to the United States of America.

Miscellaneous

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You may not use or export or re-export any portion of the Video Course, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Coolmath, constitute the entire agreement between you and Coolmath with regard to your use of the Video Course and our products and services. Our failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by us of any provision or any right we have to enforce these Terms and Conditions. Any such waiver must be in writing in order to be effective. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

Coolmath reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Video Course following the posting of changes indicates your agreement to and acceptance of the changes.

Canada

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Coolmath is located at:

Coolmath.com LLC
122 East 42nd Street
Suite 1611
New York, NY 10168