Last updated: 05/31/2018
1. Introduction and Acceptance
2. How the Website Works
(B) In order to publish your Site, you will have to become a registered user. You need to be 18 years or older to register. If you are under the age of 18, then you are not permitted to publish a Site, register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian who is at least 18 years of age and this adult will be responsible for all your activities.
(C) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). Once registered, if at any point you create a user name, your profile will be made publicly available if (i) you submit any content for publication on any of our publicly accessible Website services (e.g., App, Extension, Articles, etc.) or (ii) you “star” any content published on any of our publicly accessible Website services. You are responsible for any use of the Website or a Site using your Account and for safeguarding and maintaining the confidentiality of your Account. You agree to notify us immediately at the address or phone number set forth on the Website of any breach of security or unauthorized use of your Account.
(D) Becoming a registered user will provide you with a Free plan, which is 100% free and provides unlimited access to use most of the Website Services.
(E) Upon becoming a registered user, you will have the option to, at any time, upgrade your plan, which provides additional benefits that are not available with our Free plan. The upgraded plans will be automatically billed on a monthly or annual basis and remain in effect until cancelled by you.
(F) Except for any sales tax that we may be required to collect on any purchase/ subscription by you, you are responsible for paying all fees and taxes associated with your use of the Website, if any.
(G) We do not generally offer refunds or credits on purchases unless required by law, but we reserve the right to do so at our sole and absolute discretion.
3. Intellectual Property
4. Website Access and Use
(A) The Website is currently free to use under a Free plan. However, the upgraded plans require a purchase by you, and in the future, we may offer certain other portions of the Website for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Website, Website Content, and services.
interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network- monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state or federal law, impersonate others, use a false email address, or misrepresent your affiliation with others; (ix) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; (x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website; or (xi) solicit other users to join or become members of any commercial online service or other organization without our prior written approval.
5. User Content
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials that members of our developer program or others specifically submit for publication on any of our publicly accessible Website services (e.g., Apps, Knowledge Base, Articles, etc.) (collectively “User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or (vii) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever, including without limitation a breach of Section 5(C) above, to suspend or delete a Site.
6. Website Content & Third-Party Links
We provide the Website and Website Content for entertainment and/or promotional purposes only. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content. The Website may contain links to other websites maintained by third
parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), Cosmic JS is the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at [3208 Bonniebrook Dr. Plano, TX 75075 USA].
The GDPR applies to you if you reside in the European Economic Area (an “EEA Resident”)
(B) We do not intentionally collect personally identifiable information from children under the age of 13 and we ask that children under 13 not submit any personal information to us. If you are under the age of 18, you can browse the Website, but cannot publish a Site or register for an Account without the consent of a parent or guardian. It is the responsibility of parents to monitor their children’s use of our Website.
(C) We respect your privacy. As a general matter, we do not automatically collect your personally identifiable information when you visit the Website. When you publish a Site you will be asked to provide some information about yourself. Whether or not you provide this type of information is your choice; however, in many instances this information is required to realize a benefit we may offer or gain access to certain content on our Website.
- Where the use of your information is necessary for the performance of a contract we are about to enter into or have entered into with you;
- Where the use is necessary for the purposes of our legitimate interests (or those of a third party);
- Where we need to comply with a legal or regulatory obligation; or
- Where you have given your consent (which can be withdrawn at any time).
Personal information provided by you to us may be used by us and contractors in connection with providing the Website services. The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products, or to communicate with you about content or other information you have posted or shared with us via the Website. In certain instances, we may also share your personally identifiable information with our third-party vendors performing functions on our behalf (e.g., vendors that process credit card orders). We do not store any credit card information. Our vendors agree to use this information, and we share information with them, only to carry out our requests. By voluntarily providing information to us when using the Website, you are consenting to the collection, use and disclosure of your personal information by us in the manner prescribed in this Section 7. You acknowledge this by using the Website. You may opt out of receiving future commercial correspondence from us by contacting us in writing via email. Nothing in the foregoing paragraph is intended to affect any rights that an EEA Resident might have, or restrictions that apply, under the GDPR.
(E) We may automatically collect certain non-personally identifiable information from you when you access the Website. We use non-personally identifiable information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from others. We may share your non-personally identifiable information with third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
(F) Like many websites, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. Examples of information we collect and analyze in this manner include (i) Internet Protocol (IP) address, (ii) computer connection information such as browser type and version, (iii) operating system, and (iv) your activities on our Website, including the products you view or search for as well as the URL you come from and go to next. It is important to note that cookies and web beacons that we use do not contain and are not tied to personally identifiable information about you. The anonymous data that the cookies or web beacons collect is kept separate from the personal information in your Account. Other cookies are used to enhance your use of the Website, such as remembering that you are logged in. You are able to minimize or block cookies using the privacy settings in your internet browser, but this may restrict your use of the Website. For general information on cookies, see allaboutcookies.org.
(H) Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services.
(J) European Privacy Rights for EEA Residents.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.
In certain circumstances, you have the right to: (a) request access to any personal data we hold about you and related data, (b) obtain without undue delay the rectification of any inaccurate personal data, (c) request that your personal data be deleted provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim, (d) prevent or restrict processing of your personal data, except to the extent processing is required (i) to comply with a legal obligation under European or Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims; and (e) request transfer of your personal data directly to a third party where this is technically feasible.
If you are an EEA Resident in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.
If you reside in a jurisdiction other than the European Economic Area, you may also have similar rights to the above. Please contact us at [email@example.com] if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.
You can exercise any of these rights by contacting us at [firstname.lastname@example.org] or write to us at: Cosmic JS, [3208 Bonniebrook Dr. Plano, TX 75075 USA].
(K) How Long We Store Your Personal Data
We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfill the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. After that, we will either securely delete or anonymize your personal data so that it cannot be linked back to you.
(M) We value your information. While we take reasonable precautions to preserve the security of your information, please be aware that we cannot promise that your use of our Website will be confidential, and we cannot promise that any information you provide to us is perfectly secure. While using our Website, you may also become aware of confidential information about us or another user. You promise not to disclose any confidential information made available to you through the Website to any other person.
(N) Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COSMIC JS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
10. Limitation on Liability
LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
12. Copyright Policy
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Site and/or Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Website or any Site that may be infringing or the subject of infringing activity.
13. Choice of Law; Jurisdiction and Venue
14. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
16. Amendment; Additional Terms
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.