Terms of Use
These terms are made and entered into by and between you and Cosmoto (including its principal(s), owner(s) and/or creator(s)) which owns and/or operates the website domain of https://Cosmotospace.org (referred to hereafter as "Cosmoto"). These terms shall apply to all websites owned and/or operated by Cosmoto, as well as all of its operator and/or mobile versions thereof (collectively, the "Site") and any and all activities available on or through the Site (the"Activities"). By accessing and/or using the Site, you expressly agree to comply with and be bound by the Terms of Use, as well as all applicable laws and regulations. Further, you acknowledge that you have read and understood Cosmoto's Privacy Policy located at https://Cosmotospace.org, which you understand will apply to the processing of your personal information in relation to the Site and the Activities.
Cosmoto may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes Cosmoto makes will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site.
By using or attempting to use the Site, you certify that you are at least 18 years of age or, if under the age of 18, you have the consent of your adult parent or legal guardian (also referred to as "parent") to use the Site. If you do not meet these requirements or, if for any reason you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.
A. Registration
As a condition to using certain aspects of the Site, you may be required to register with Cosmoto and provide personal information such as an adult email address. You are responsible for maintaining the confidentiality of your registration, including any codes Cosmoto may provide to you and/or any passwords that you may create in connection with accessing certain aspects of the Site. You shall not use another's email address or other personal information with the intent to impersonate that person.
You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Cosmoto in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (1) provide true, accurate, current and complete information about yourself as submitted to Cosmoto, and (2) maintain and promptly update your registration and/or account information (such as your email address) to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Cosmoto has reasonable grounds to suspect that information is untrue, inaccurate, not current or incomplete, Cosmoto has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Activities (or any portion thereof) in its sole discretion.
B. Code of Conduct
In connection with your use of the Site, you agree that you will not, nor permit anyone else to, indirectly or directly:
1. Upload, post, email, transmit or otherwise make available any user content that you do not have a right to make available under any law;
2. Submit information that includes non-public personal or identifying information (including personal data) about another person without that person's explicit consent, where that person is specifically aware that Cosmoto will process his/her information in accordance with your disclosure to that person;
3. Upload, post, email, transmit or otherwise make available any user content that infringes on the proprietary rights of any party;
4. Restrict or inhibit any of Cosmoto's visitors, registrants or members from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
5. Access or attempt to access parts of the Site for which you are not authorized by Cosmoto, circumvent or attempt to circumvent any security protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Cosmoto;
6. Modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
7. Use the Site or Materials (as defined below) for any unlawful purpose;
8. Express or imply that any statements you make are endorsed by Cosmoto, without Cosmoto's prior written consent;
9. Impersonate any person or entity, whether actual or fictitious, including any agent or representative of Cosmoto;
10. Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, and/or infringes on Cosmoto's property rights; (b) any material, non-public information about Cosmoto without Cosmoto's authorization to do so; and/or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication with regard to Cosmoto and/or through the Site;
11. Engage in spamming or flooding;
12. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
13. Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
14. Remove any proprietary rights notices contained on the Site;
15. "Frame" or "mirror" any part of the Site;
16. "Stalk" or otherwise harass another;
17. Link to any page or content of the Site without written authorization;
18. Use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent;
19. Harvest or collect information about Site visitors, registrants or members without Cosmoto's express consent;
20. Take any action that imposes or may impose (in Cosmoto's sole discretion) an unreasonable or disporportionately large load of data, information or queries on our infrastructure;
21. Participate in any Cosmoto summer camp activity if you and/or anyone in your household is not the original Cosomoto participant who has registered his/her email address with Cosmoto;
22. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material supporter resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
23. Tamper, delete, modify and/or in any way access any personal information and/or non-personal information that Cosmoto and/or its third party servicers (and/or their third party partners, e.g., Google Analytics) stores and/or collects;
24. Tamper, delete, modify, use, and/or in any way access any software, tool(s), and /or resource that Cosmoto used and/or uses to create and/or prepare Cosmoto's Materials, Activities, Site, program and/or any of its projects;
25. Tamper, delete, and/or modify any communication, information, data, material, supply, and/or any other transmission that is sent between Cosmoto and any of its members, registrants, users and/or visitors (e.g., via the website, email, mail);
26. Allow any prohibited conduct (as described in the Terms of Use) and/or any of its effect(s) thereof to continue (e.g., failing to stop the effect(s) of any malicious software);
27. Act in a manner that is inconsistent with and/or violates the section below entitled "Access By Minors";
28. Use the Site to harm minors in any way; and
29. Violate any applicable local, state, national or international law, and any regulations having the force of law.
The foregoing actions shall constitute a material breach of these Terms of Use.
You acknowledge, consent and agree that Cosmoto may access, preserve and disclose your account information,
non-personal information, personal information and/or user content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any user content violates the rights of third parties; (d) respond to requests for customer assistance; or (e) protect the property rights or personal safety of Cosmoto, its users and the public.
C. Ownership and Restrictions on Use
The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by Cosmoto (except for (1) those that are referenced with a cite to any governmental agency and/or any other third party, as shown within the Site, and/or (2) those that are from Cosmoto's third party servicers (e.g., Wix.com Ltd). Subject to your compliance with these Terms of Use, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any proprietary notices contained therein and your use is consistent with the Terms of Use including, but not limited to, the Code of Conduct. Use of the Site and Cosmoto's Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of Cosmoto's proprietary rights and is strictly prohibited.
The Site, including all proprietary information, the Site's domain, documentation contained therein, contents, ideas, know-how and Materials (except for those that are referenced with a cite to any governmental agency and/or any other third party, as shown within the Site and/or those within the public domain) including, without limitation, the selection, compilations, sequence and "look and feel" and arrangements of items, is owned and operated by Cosmoto and will remain the exclusive property of Cosmoto. You further acknowledge that you do not acquire any ownership rights by using the Site or Cosmoto's Materials. You shall not challenge, contest or otherwise impair Cosmoto's ownership of the Site and the content therein.
D. Information Provided by Cosmoto
Although Cosmoto strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to change. In addition, the facts and circumstances of every situation differ. Accordingly, although Cosmoto endeavors to use reasonable care in preparing/assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials have been derived from governmental agency and/or third party sources. The inclusion of such information does not indicate any approval or endorsement thereof, and Cosmoto expressly disclaims any liability with respect to the foregoing.
The Site may include inaccuracies or errors, or information that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact Cosmoto at info@cosmotospace.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. Cosmoto will try to address your concerns as soon as reasonably practicable.
E. Links
Cosmoto may provide links to third-party web sites. Your interaction(s) and/or dealing(s) with any third party through links to such third party websites or applications are solely between you and such third party. Cosmoto has no responsibility for the content, goods, or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Cosmoto offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under Cosmoto's control, and we make no representations as to the quality, suitability, functionality or legality of any sites which Cosmoto may provide links. Cosmoto expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge Cosmoto from and waive any claim you might have against Cosmoto with respect to such sites.
YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY COSMOTO (E.G., THIRD PARTY WEBSITES), INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
F. Access By Minors
Cosmoto encourages each parent to use appropriate parental discretion in determining whether to grant authorization to their minor children to access the Site. Cosmoto is designed for use by a parent who is monitoring and approve of their children's participation and activities, on or through the Site, at all times. Unsupervised children under 13 years old are prohibited from using this Site. Each parent acknowledges and agrees that the parent is responsible for the safety of any of their children when engaging in any activity on or through the Site. Each parent agrees to hold Cosmoto harmless from any liability due to any personal injury to any person (whether a minor/adult) and/or property damage arising from accessing and/or participating in any activity on or through the Site.
Any and all communications with Cosmoto should be between Cosmoto and the adult parent of a child. Cosmoto does not authorize and prohibits receiving from a minor/child any communication and/or information. All communications sent to Cosmoto should be from an adult, such as a parent. Each parent agrees to take action to ensure that none of their children send any communication and/or information to Cosmoto. Each parent further agrees to hold Cosmoto harmless from any liability due to any communication and/or information that any of their children send to Cosmoto.
G. Termination
These Terms of Use shall remain effective until terminated, as termination is described herein. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason with or without cause. Upon termination of these Terms of Use, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Cosmoto may immediately deactivate or delete your account and/or registration, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Cosmoto shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Rights and obligations under these Terms of Use which by their nature should survive (as determined by Cosmoto and applicable law) will remain in full effect after termination or expiration of the Terms of Use.
H. Suspected Violation of Law or these Terms of Use; Injunctive, Equitable Relief and Damages
Violation of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Cosmoto's sole discretion, and without prior notice, Cosmoto may terminate and block your access to the Site or to Cosmoto's other activities, remove any unauthorized user content or exercise any other remedy available, if Cosmoto believes that your conduct or the conduct of any person with whom Cosmoto believes you act in concert, or the user content you provide, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Cosmoto, a registrant/member of Cosmoto or another user of the Site.
You agree that abusive use of the Site, as defined above, causes damage and harm to Cosmoto (and/or its principal(s), owner(s), creator(s), and/or agent(s)) in the form of, among other things, lost membership, impaired goodwill/reputation/ standing, and increased expenses associated with responding to abusive use of the Site.
I. Limitation of Liability
To the greatest extent permitted by law, you expressly acknowledge and agree that neither Cosmoto nor any of its principal(s), owner(s), creator(s) and/or agent(s), are or will be responsible or liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site, Materials contained on the Site, any linked site, and/or any of the Activities on or through the Site. Without limiting the foregoing, to the greatest extent permitted by law, you expressly acknowledge and agree that Cosmoto shall have no liability or responsibility whatsoever for (1) the use or the inability to use the Site, Activities, and/or any linked site, (2) your participation in any of Cosmoto's Activities, program and/or activity, (3) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort whether arising or not from the negligence of Cosmoto, (4) unauthorized access to or alteration of your transmissions or data and/or any and all personal information contained therein, (5) any failure of another user to use the Site to conform to the Code of Conduct, (6) statements or conduct of any third party on Cosmoto's Site or any other linked site which promotes and/or discusses the use of the Site and/or Cosmoto and/or any other subject, (7) any interruption or cessation of transmission to or from the Site, (8) any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs, malicious scripts, or other items of a destructive nature which may be transmitted to or through Cosmoto's Site by any third party; (9) any errors, mistakes, inaccuracies or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available via the Site; (10) the truth or accuracy of any content on the Site, (11) any personal injury or property damage arising from any physical supplies and/or object(s) that Cosmoto may mail or otherwise deliver to you in connection with your and/or your child's participation in Cosmoto's Site, Materials, Activities, and/or activities, and/or (12) any other matter relating to the Site or Cosmoto's Activities.
J. Connectivity; Mobile
Normal carrier charges and taxes may apply to any Materials you access from or through the Site. Cosmoto is not responsible for any surcharges from your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions, your carriers' normal rates and fees, including data fees may apply to your use of the Site or Activities.
K. Privacy
We believe that your privacy and the privacy of all our users are important. These Terms of Use should be read alongside Cosmoto's Privacy Policy. You acknowledge and agree that, to the extent permitted by law, any disputes related to this Privacy Policy, including any breaches in security or privacy will be subject to the limitations contained in these Terms of Use.
L. Miscellaneous
You represent to Cosmoto that you have the authority to register with Cosmoto according to these Terms of Use. The failure of Cosmoto to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Except as otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use. If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (1) the validity, legality, and enforceability of the remaining provisions of these Terms of Use (including, without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (2) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and effect of the unenforceable provision and these Terms of Use shall be deemed amended accordingly.
M. Changes:
Occasional changes may be made to this Terms of Use as new Activities and content are added to our site or to reflect changes in Cosmoto's program, circumstances, and/or policies. Visitors to Cosmoto's Site are encouraged to check this document periodically to stay informed of Cosmoto's current Terms of Use.
N. Acceptance of Terms:
By accessing and/or using any part of Cosmoto's Site, you signify your acceptance of Cosmoto's Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Your continued use of any part of Cosmoto's Site following the posting of changes to these terms will indicate your acceptance of these changes.