Terms of service

OVERVIEW
Welcome to So COOL Games! The terms "we", "us" and "our" refer to So COOL Games. So COOL Games operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing you, the customer, with a personalised shopping experience (the "Services"). So COOL Games is powered by Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your e-mail address, billing, payment and shipping details. You represent and warrant that all information provided on our stores is accurate, current and complete, and that you hold all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or licence your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services on our online stores. However, the colours or appearance of products may differ from those displayed on your screen, depending on the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match those shown or displayed on our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any individual, geographic area or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase. So COOL Games reserves the right to accept or decline your orders for any reason, at its sole discretion. Your orders will not be accepted until So COOL Games confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as So COOL Games may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, amend or cancel an order, we will endeavour to notify you via the e-mail address, billing address and/or telephone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Unless expressly stated otherwise, prices shown do not include taxes, shipping and handling fees, customs or import duties.

Prices displayed on our online stores may differ from those offered in physical stores or on online or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your sender e-mail address, credit card numbers and expiry dates, so that we may complete your transaction and contact you if necessary.

You represent and warrant that (i) the credit card information provided is true, correct and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events outside our control. Once we have transferred the products to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, marks, text, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of So COOL Games, its affiliates or licensors and are protected by US and foreign patents, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a licence or any other rights under any patent, trademark, copyright or other intellectual property of So COOL Games, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by So COOL Games.

The names, logo, product and service names, designs and slogans of So COOL Games are trademarks of So COOL Games or its affiliates or licensors. You must not use such trademarks without the prior written permission of So COOL Games. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools offered as part of the Services, over which we have no monitoring, oversight or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools.

Any use you make of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party provider(s).

In the future, we may also offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to any third-party website, or to your purchase or use of any products, services, resources or content on any third-party website. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, concerns or questions relating to third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
So COOL Games is powered by Shopify, which enables us to provide you with the Services. However, any sale and purchase you make through our Store is made directly with So COOL Games. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transactions between you and So COOL Games, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchase and transaction with So COOL Games.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here, and certain personal information may be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read this Privacy Policy.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you provide to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a different country from where you reside, so that we may provide you with the Services. Please refer to our Privacy Policy for further details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
By submitting, uploading, posting, e-mailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including for commercial use. We may, for example, exercise our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or hold all necessary rights over all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any third party's intellectual property or these Terms of Service.

You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene comments, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address to submit Feedback, impersonate any other person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We are not responsible for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping rates, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is incorrect, at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, state, provincial, federal or international regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or those of any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Services, or which, as determined by us, may harm So COOL Games, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, device or automated process, artificial intelligence tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass any security or authorisation features, robot exclusions or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable or cause an Agent to access, use or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity, and which may be operated on behalf of, or using the device of, a person without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may limit, including by technical means, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or disguise that any access, use or interaction is from an Agent, such as (a) by mimicking human behaviour and interaction patterns or (b) by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; (iv) not circumvent or evade any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY SO COOL GAMES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SO COOL GAMES, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless So COOL Games, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of such claim at your expense, including the choice of legal counsel, but will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You must cooperate in the defence of indemnifiable claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, with such determination not affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations hereunder without your consent or prior notice.

SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements pursuant to which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where So COOL Games has its principal place of business. You and So COOL Games submit to the venue and personal jurisdiction of those courts.

SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at store@socoolgames.net.

Our contact details are as follows:

So COOL Games store(at)socoolgames.net

So COOL Games is a brand of: Lazuli Labs, Lda. São Domingos de Rana, PORTUGAL