TERMS & CONDITIONS
Scroll to the bottom of the page to see the substantial updates and their effective dates.
1. Parties. These Terms of Use are between you and the owner of this website domain and company, including its parent, Cosmic Media LLC, CosmicMedia.io ("Cosmic Media"). All references to "we", "us", "our", this "website" or this "site" relate to this website business and Cosmic Media.
2. Restrictions and Use. You may use the public portions of this site for internal purposes only, subject to our Terms of Use and our Privacy Policy. You agree not to access (or try to access) our site using any means other than the interface we offer, unless explicitly authorized in a separate agreement. You agree not to access (or try to access) this site using any automatic methods (including the use of scripts or web crawlers), and you agree to follow the guidelines outlined in any robots.txt file found on this website. You may not: (i) resell, sublicense, transfer, assign, or distribute the site, its services, or content; (ii) modify or create derivative works based on the site, its services, or content; or (iii) "frame" or "mirror" the site, its services, or content on any other server or Internet-enabled device. All rights not explicitly granted by this Agreement are retained by us and our licensors.
3. Modification. We reserve the right to change these Terms of Use at any time and without prior notice by publishing an updated Terms of Use that is always available via the Terms of Use link on this site's main page. You should scroll to the bottom of this page on a regular basis to examine important changes and their effective dates. YOUR CONTINUED USE OF THIS SITE AFTER WE POST A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE CONSTITUTES BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. How We Handle Posts to This Site (Blog, Forum, or Chat Room).
4.1 We will not regard information that you publish to public portions of this site (such as a blog, forum, or chat-room) as proprietary, private, or confidential. We are under no duty to monitor or exert editorial control over postings to this site; nevertheless, we retain the right to evaluate such contributions and delete any content that, in our opinion, is inappropriate. Posting, transmitting, promoting, using, distributing, or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited. This includes without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights.
4.2 We retain the right, but have no obligation, to examine, edit, remove, or delete any content posted as a comment to a blog, forum, or chat-room supplied for display or put on this site, at our sole discretion and without notice. We specifically reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; or commercial product or service promotions.
4.3 By submitting a remark for publication, you acknowledge that we are not responsible for, and will have no responsibility to you for, any information or materials provided by others, including defamatory, offensive, or illegal content, including anything that breaches this Agreement.
5. Defamation and Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, thus our responsibility for defamation and other claims resulting from third-party posts to this site is restricted as provided therein. We are not responsible for content or any other material uploaded to this site by third parties. We do not warrant the accuracy of such postings or exercise any editorial control over them, nor do we assume any legal obligation for editorial control of third-party content or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or other information contained in such postings.
6. Monitoring. We retain the right, but not the duty, to monitor your access and use of this site without notifying you. We may record or log your usage in accordance with our Privacy Policy, which may be seen via the Privacy Policy link on the front page of this website.
7. Separate agreements. You may purchase items, services, and/or content from this website. We retain the right to compel you to enter into additional agreements as a condition of using and/or purchasing such items, services, and/or content.
8. Ownership. The content on this website is protected by law, including but not limited to US copyright law and international treaties. We and/or others hold the copyrights and other intellectual property in the content on this site. Except for the limited rights granted above, all other rights are reserved.
9. DMCA notice. This website is classified as an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains particular contact information, including an e-mail address, for notices of alleged infringement of items uploaded on this site. All notifications should be made to the contact person listed below (our agent for notice of alleged infringement).
Notice of Claimed Infringement:
Cosmic Media, LLC
101 Convention Center Dr, Suite 400
Las Vegas, Nevada (89109)
Agent's Name and Email Address: support@cosmicmedia.io
Phone: 702-714-1447.
You may contact our agent for notification of claimed infringement, as indicated above, with complaints about allegedly infringing uploaded content, and we will investigate them. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
The DMCA requires you to include the following information when notifying us of alleged copyright infringement: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and/or e-mail address; (iv) a statement by you that you have a good faith belief that If you do not provide all of the information given above, your complaint may be delayed in processing.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Liability is limited. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR
12. Links to this website. We give you a limited, revocable, and nonexclusive license to construct a hyperlink to this site, providing that the link does not depict us or our goods or services in a false, misleading, disparaging, or offensive manner. Without our prior written approval, you may not use any logo, trademark, or tradename featured on this site, or any other proprietary visual image in the link.
13. Links to third-party websites. We do not check or manage third-party websites that link to or from this site, and we are not responsible for their content. We also do not guarantee that their information is correct or acceptable. Your use of any third-party site is entirely voluntary and at your own risk, and may be subject to the other sites' terms of service and privacy policies.
14. Participating in advertiser promotions. You may contact with or participate in promotions by advertisers marketing their goods, services, or content on our website. Any such contact or involvement, including the delivery and payment for goods, services, or content, is entirely between you and each such advertiser.
15. Consumer Rights Information: California Civil Code Section 1789.3. If this site charges for services, goods, material, or information, price information will be made available throughout the purchasing process. In line with California Civil Code Section 1789.3, we retain specified contact information, including an e-mail address, for notifications of complaints and queries about pricing policies. All mail should be directed to our agent for notice at the address below:
Notification of Consumer Rights Complaints or Pricing Inquiries:
Cosmic Media, LLC
101 Convention Center Dr, Suite 400
Las Vegas, Nevada (89109)
Email: support@cosmicmedia.io.
Telephone:702-714-1447
You may email us with complaints or price issues, and we will investigate and reply.
The Complaint Assistance Unit of the Division of Consumer Services, Department of Consumer Affairs, may be reached in writing at 1020 N. Street, #501, Sacramento, CA 95814; or call 1-916-445-1254.
16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, who shall be appointed by mutual consent of the parties in line with AAA rules. The arbitration shall take place in Las Vegas, Nevada, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Nevada, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator's conclusions are final and binding on the parties, and they may be entered in any court of competent jurisdiction for execution. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. Jurisdiction and Venue. The courts of Clark County in the State of Nevada, USA and the nearest U.S. District Court in the State of Nevada shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
18. Controlling Law. This Agreement shall be construed under the laws of the State of Nevada, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
20. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
21. Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.
22. Use of Pseudonyms: The name David Segal: is a pseudonym used by the owner of the site.
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»Material Modifications« Since June 21, 2023: none.
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.