Copyright © 2012 Kool by Design. All Rights Reserved. Ultra Music Festival, Ultra and the U design is a registered
trademark (Reg. No. 2,892,744) and are protected by U.S. and international copyright laws, trademark laws, and
treaties. Any content, including but not limited to merchandise, designs, graphics, logos, and branding are
protected by U.S. and international copyright laws, trademark laws and treaties. Any use in any manner without
the prior written consent is strictly prohibited. All Rights Reserved.
Terms and Conditions
By entering this http://www.ultramerchandise.com site (the “Website”) you attest that
these Terms and Conditions have been executed and delivered by you and constitute a valid and binding
agreement between you and Kool by Design (“KBD”), and shall be deemed enforceable against you in accordance
with the following terms, (the “Terms”). You represent that you are (1) at least 18 years of age, (2) of legal age to
enter into a binding agreement, and (3) not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction.
2. Site Use.
Use of the Website confirms your express consent to follow and to be bound by these
Terms. If you do not accept these Terms, do not use this Website. Should KBD deem any use of this Website to be
a violation of these Terms in its absolute discretion, KBD reserves the right to seek all remedies available by law
and in equity and to terminate your access or use of this Website at any time, for any reason or for no reason and
without prior notice to you. KBD may at any time, and from time to time, revise these Terms by updating this
posting. It is your obligation to visit this page from time to time to review current Terms. Your use of this Website
following any such revisions confirms your express consent to follow and to be bound by the terms and conditions
3. Ownership of Content.
The design of this Website and all of its materials, including, but not
limited to, its software or HTML code, scripts, text, artwork, logos, photographs, images, designs, video, audio,
written and other materials that appear as part of this Website (collectively "Content") are protected by U.S. and
international copyright laws, trademark laws and other treaties. All Content hereunder is provided by KBD under a
limited license as a service to its current and prospective customers and may be used only for the personal, non^
commercial, purchase of KBD merchandise. Any purchase made for the perceived re^sale of KBD merchandise of
the materials embedded herein shall be deemed a “Commercial Use.” KBD shall immediately terminate any
suspected Commercial Uses and shall prosecute such violation of these Terms to the fullest extent of the law or in
equity. You agree to the following: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display,
post, modify, create derivative works from, sell, license, sublicense or otherwise exploit this Website, any of its
Contents, or any related software or merchandise; (b) you may not access or use the Website for any competitive
or Commercial Use; and (c) you will not permit any copying of the Content. Any unauthorized copying or
Commercial Use, alteration, distribution, transmission, performance, display, or other use of the Content is strictly
KBD makes no representation as to the completeness, accuracy, or currency of
any information on this Website. KBD reserves the right to make changes in information regarding price,
description, or availability without notice; to limit the order quantity of any product and/or to refuse service to any
customer. KBD has made considerable effort to accurately display the various color options of its products that
appear on the Website; however, the actual color you will see will depend on your computer, and KBD cannot
guarantee that your computer will accurately display the merchandise. If a product is out of stock or is no longer
in production, KBD reserves the right to cancel a purchase order.
5. Collection of Personal Information.
KBD reserves the right to collect and to store the following
personal information (the “Account Information”) upon registration and the creation of an account with the KBD
a. Email addresses, phone numbers, physical contact information including but not limited to shipping and billing addresses
b. Transactional information based upon your activities on the Website (such as purchase
history and content generated by the user or that relates to the user’s account);
You are responsible for maintaining the confidentiality of your Account Information
and for controlling access to your account and your computer. You agree to accept responsibility for all activities
that occur under your account. KBD reserves the right to terminate your account at any time, for any reason or for
no reason and without prior notice to you.
7. Entire Agreement.
These Terms constitute the entire agreement between you and KBD
regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other
documents regarding the matters herein are superseded and merged into these Terms.
If any term or provision of these Terms is found by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other Terms or
provisions hereof or the whole of these Terms. Such unenforceable Terms or provisions shall be deemed modified
to the extent necessary in the court's opinion to render such term or provision enforceable and the rights and
obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent
the intent of the parties herein set forth.
KBD, its successors, assigns, designees or nominees, shall have the sole and
exclusive right at its discretion to make or have made revisions, modifications, alterations, amendments,
corrections, updates, expansions, condensations, transformations, transpositions, arrangements, sound recordings,
scores, additions to, deletions from or other changes to or derivative works based on these Terms or any portion
thereof in any way KBD may see fit or deem necessary.
10. Limitation of Liability.
IN NO EVENT SHALL KBD BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE
WHATSOEVER, WHETHER ARISING UNDER CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY EVEN IF THE
POSSIBILITY OF SUCH DAMAGES WERE DISCLOSED OR COULD HAVE BEEN REASONABLY FORESEEN,( FOR USE OF
THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR
RELIANCE ON THE INFORMATION PRESENT, EVEN IF KBD IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH
No implication is made that the materials published on this Website are
appropriate for use outside of the United States. If you access this Website from outside of the United States, you
do so on your own initiative and you are responsible for compliance with domestic and local laws. These Terms are
governed by and construed in accordance with the laws of the State of Florida notwithstanding conflict of law
principles. Venue for any legal action arising out of these Terms shall be in the courts of Miami-Dade County.