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Terms of Use

INTRODUCTION AND ACCEPTING THE TERMS

Effective date: December 1, 2020

These Cosmos Video User Terms (“Terms”) govern your access to, and use of the virtual proximity based video chatting platform (“Platform”) provided via the website at cosmos.video by Cosmos Video Ltd (incorporated in England at Wales with registered number 12875387) at the Companies registered address ("we", "us", or our").

You confirm that you have read, understood and agree to be bound by these Terms by clicking the “accept” button pertaining to our Terms of Use before being granted access to Cosmos Video, or otherwise where you access or use Cosmos Video, or you register an account with us. A legally binding contract between you and us will then be formed (the “User Agreement”), consisting of these User Terms, governing your access to and use of Cosmos Video.

The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Cosmos Video. If the changes affect your usage of Cosmos Video or your legal rights, we’ll notify you no less than seven days before the changes take effect. Unless we state otherwise, your continued use of the Platform after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using our platform.

THESE TERMS ALL APPLY TO COSMOS VIDEO USERS

RIGHTS TO USE THE PLATFORM

Cosmos Video provides a video chat and social platform. The platform may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Platform. The Platform may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform.

You agree not to (and not to attempt to) (i) use the platform for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Platform or any portion of the Platform, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Platform. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Platform without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Platform. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.

TECHNICAL REQUIREMENTS

In order to use Cosmos Video, it is necessary that you have a device that allows you access to the Internet, a website browser installed with plugins that allow Flash technology, with “cookies” and JavaScript enabled, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application.

You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using Cosmos Video may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of Cosmos Video.

YOUR ACCOUNT

You are responsible for your login credentials and for any activity resulting from the use of your login credentials or other activity on your account (“Account”) on the Platform. Upon launching the Platform, if you do not already have an Account, you will be prompted to create one by providing an email address.

You will be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete.

You will ensure that your e-mail address is kept accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

We will only use this personal information in accordance with our Privacy Policy, which you can access here. Please refer to our Privacy Policy for details about how we will use your personal information, how we keep it safe and what your rights are in relation to your personal information.

By using Cosmos Video, you agree to us collecting and using technical information about the devices you use Cosmos Video on and related software, hardware and peripherals to improve Cosmos Video.

Certain aspects of Cosmos Video, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for Cosmos Video on the device.

ACCEPTABLE USE AND RESTRICTIONS

You must:

  • not defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
  • not use Cosmos Video in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Cosmos Video or any operating system;
  • not use contact or other user information obtained from Cosmos Video (including email addresses) to contact other Users outside of Cosmos Video without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of Cosmos Video
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Cosmos Video;
  • not infringe our intellectual property rights or those of any third party in relation to your use of Cosmos opin, including by the submission of any material (to the extent that such use is not licensed by these User Terms);
  • not use Cosmos Video in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from any aspect of Cosmos Video or our systems or attempt to decipher any transmissions to or from the servers running Cosmos Video;
  • not access, search or create accounts for Cosmos Video by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk)

You must also:

  • not reproduce, duplicate, copy or re-sell any part of the Platform or any content on it in contravention of the provisions of our User Terms (or unless you are explicitly permitted to do so).
  • Not access, modify or copy any content or information on Cosmos Video using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Not to deep-link to any portion of Cosmos Video for any purpose without our express written permission;
  • Not to “frame”, “mirror” or otherwise incorporate any part of Cosmos Video.to into any other website without our prior written authorisation;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of the Platform;
    • any equipment or network on which the Platform is stored;
    • any software used in the provision of the Platform; or
    • any equipment or network or software owned or used by any third party

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, or improper use of the Platform and to take action including termination of your Account and exclusion from further participation on the Platform.

FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the Platform. If you choose to provide feedback, comments or suggestions for improvements to the Platform or otherwise (in written or oral form) (“Feedback”), you represent and warrant that

  1. you have the right to disclose the Feedback,
  2. the Feedback does not violate the rights of any other person or entity, and
  3. your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Cosmos Video and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Platform. All rights in this section are granted without the need for compensation of any sort to you.

THIRD PARTIES

We use third-party services to help us provide the Platform, but such use does not indicate that we endorse them or are responsible or liable for their actions.

In addition, the Platform may integrate third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service.

Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites.

You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.

INTELLECTUAL PROPERTY

All intellectual property rights in Cosmos Video throughout the world belong to us (or our licensors) and the rights in Cosmos are licensed (not sold) to you. You have no intellectual property rights in, or to, Cosmos Video other than the right to use it in accordance with these Terms.

LIMITATION OF LIABILITY

If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. Cosmos Video is for domestic and private use. If you use Cosmos Video for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Cosmos Video is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Cosmos Video. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

ASSET ATTRIBUTION

Some of the images used to create our maps, and emojis used on our website have been licensed under the Creative Commons License 4.0 and are attributed to the following sources:

OTHER IMPORTANT TERMS

Updates to Cosmos Video: From time to time we may automatically update and change Cosmos Video to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need your consent to do this and your continued use of Cosmos Video following the update will be subject to these Terms.

Changes to these User Terms: We may need to change these User Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will do so by sending you a notification when you next use Cosmos Video where you will be required to accept the updated User Terms.

If you do not accept the notified changes you will not be permitted to continue to use Cosmos Video.

If someone else owns the phone or device you are using: If you use Cosmos Video onto any phone, laptop, desktop or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

We may transfer this agreement to someone else: We may transfer our rights and obligations under these User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these User Terms to another person if we agree in writing.

Even if we delay in enforcing this agreement, we can still enforce it later: Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

CONTACTING US

If you are having any issues using Cosmos Video or wish to contact us for any other reason please email our customer service team at support@cosmos.video

If we have to contact you we will do so using the contact details you have provided to us.

JURISDICTION

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdiction will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.