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Cosmos
Design Solutions are committed to providing our members with the
best features and service in the outsourcing industry. If you are
not an existing registered member of Cosmos Design Solutions, please
review the following Terms of Service.
Acceptance of Terms
Completion of the registration process acknowledges Member's ("you"
or "your") acceptance of Cosmos Design Solution’s
("Us" or "Our") Terms of Service ("Terms")
in its entirety. These Terms may be amended without notice at any
time, and will take effect automatically fourteen (14) days after
they are initially posted to the site. Your continued use of our
services after that time constitutes your acceptance of the amended
Terms.
Membership Eligibility
Cosmos Design Solutions welcomes all parties who may enter into
and form contracts under applicable law. You are required to provide
complete, current and truthful registration and you are required
to update said information within three (3) days subsequent to a
change. Membership shall become active once accepted and acknowledged
by Cosmos Design Solutions. Memberships are not transferable.
Provision of Services
Cosmos Design Solutions site and services are provided on an "as
is" and "as available" basis. Your access and use
of the Cosmos Design Solutions site, products and services is governed
by and must be in accordance with the then current published Cosmos
Design Solutions policies and procedures. By submitting this registration
and/or accessing Cosmos Design Solutions site or using Cosmos Design
Solutions services, you agree to comply with all such policies and
procedures. Cosmos Design Solutions and its suppliers make no representations
and offer no warranty express or implied. Cosmos Design Solutions
and its suppliers specifically disclaim all warranties of title,
merchantability, fitness for a particular purpose, and non-infringement.
Cosmos Design Solutions makes no warranty that the service will
meet your requirements or expectations, or will always be available,
accessible, uninterrupted, timely, secure, or operate without error.
Content
You agree that the content you provide in using our services, including
but not limited to data, images, communications and other materials
transmitted to our site or transmitted relative to services offered
on our site: will not violate any law, statute or ordinance; will
not infringe any copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; will not be
false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing,
obscene, profane, or threatening.
You agree that you are solely responsible for the content you provide
in using our services, including but not limited to data, images,
communications and other materials transmitted to our site or transmitted
relative to services offered on our site, and you will indemnify
and hold harmless Cosmos Design Solutions and our employees, officers,
directors, agents and suppliers against any claim arising out of
or related to your content.
You agree that any information or communications you transmit to
us may be used by us for any purpose, including but not limited
to reproduction, disclosure, transmission, publication, broadcast
and posting; and Cosmos Design Solutions is free to use any ideas,
suggestions or other such concepts for any purpose, including but
not limited to developing, manufacturing, and marketing products
or services using such information.
Conduct
You agree that you will not offer for sale through the use of our
services any items that: violate any laws or statutes; are prohibited
in any way through these Terms; and/or, you do not have the legal
right to offer. You agree that you will comply with any and all
applicable laws, statutes and ordinances while you use our services.
You agree that you will comply with any and all terms and conditions
of your agreement(s) with all third party marketplaces.
Account
Termination
You may terminate your account at any time for any reason by contacting
Cosmos Design Solutions.
Cosmos Design Solutions retains the right to cancel your account,
deny you access to the site and/or our services, and remove all
account information and associated content at any time, in our sole
discretion, without notice. You agree that Cosmos Design Solutions
shall not be liable to you or any third-party for any termination
of your access to our service.
Privacy
Cosmos Design Solutions will diligently maintain the confidentiality
of your account information subject to our Privacy Policy; the Privacy
Policy is a part of these Terms. Content that you divulge in public
forums through the use of our service may be collected and used
by others.
Limitation of Liability
In no event will Cosmos Design Solutions or our suppliers be liable
for lost profits or any special, incidental, indirect or consequential
damages (however arising, including negligence) arising out of or
in connection with these Terms, our site, our services and any inability
to use such services. Additionally, because Cosmos Design Solutions
is not involved in the actual transaction between you and buyers,
in the event that you have a dispute with one or more users or buyers,
you release Cosmos Design Solutions, and its officers, directors,
agents, subsidiaries and employees, from any and all claims, demands
and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
Indemnification
You agree to indemnify, defend and hold Cosmos Design Solutions
and our employees, officers, directors, agents and suppliers harmless
from and against any loss, cost, damages, liability or expenses
arising from or relating to (a) a third-party claim, action or allegation
of infringement, misuse or misappropriation based on information,
data, files or other content submitted by you to Cosmos Design Solutions;
(b) any fraud, manipulation, or other breach of these Terms by you;
(c) any third-party claim, action or allegation brought against
Cosmos Design Solutions arising out of or relating to a dispute
with you over the terms and conditions of an agreement or related
to the purchase or sale of any goods or services; (d) your violation
of any law or the rights of a third party; or (e) your use, or Cosmos
Design Solutions provision of services or use of your account by
any third party.
Limited Agency
You agree to authorize Cosmos Design Solutions to access third-party
marketplace(s) with which you have agreements, on your behalf, to
retrieve and post information and materials necessary to provide
our services to you, and you hereby appoint us as your agent for
this limited purpose. You hereby permit us to use such retrieved
information and materials to accomplish the foregoing, and to communicate
with your customers on your behalf. You hereby acknowledge that
our services may or may not provide all the information and functionality
that you could obtain directly from the marketplace(s).
No Agency
You agree that except for the limited purpose stated above in the
"Limited Agency" clause, you and Cosmos Design Solutions
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended
or created by these Terms.
License
You agree to grant to Cosmos Design Solutions a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub licensable (through multiple
tiers) right to exercise the copyright and publicity rights (but
not other rights) you have in your content, in any media now known
or not currently known, for the sole purpose of providing our services.
Notices
Cosmos Design Solutions will provide notice to you at via email
at the address supplied by you in your account information, and/or
generally through our site.
Trademark Information
Cosmos Design Solutions retains all right, title and interest in
and to its trademarks, service marks and trade names worldwide (collectively,
the "Marks"). You will only use Cosmos Design Solutions
' Marks with the express permission of Cosmos Design Solutions and
then only in the manner authorized. Under no circumstances may you
alter, modify, or change Cosmos Design Solution’s Marks.
Intellectual Property
All content included or available on our site, including but not
limited to images, iconography, graphics, buttons, logos and software
is the property of Cosmos Design Solutions and/or third parties
and is protected by copyrights, trademarks and/or other intellectual
and proprietary rights. You may not sell copy, alter or otherwise
interfere with said content and software in any way other than that
which is expressly allowed under these Terms.
Terms of Service Violations
If you believe that a violation of our Terms has occurred, please
provide the following information:
• Your Cosmos Design Solutions user name;
• Your telephone number and email address;
• A description of the content or action you believe to be
a violation;
• The location on our site of the content or action you believe
to be a violation.
In the event of a violation of these Terms, Cosmos Design Solutions
reserves the right to delete any and all images or other content
you provide or transmit through the site, to suspend or deny you
access to the our site and our services, or to terminate your account,
in our sole discretion.
User Policy
The User Policy sets forth the policies, terms and conditions applicable
to your use of the Cosmos Design Solutions sites, services, software
and products. This Policy, along with the applicable agreement with
Cosmos Design Solutions that you acknowledged or executed and Cosmos
Design Solutions accepted or executed, governs your right to use
the same. Cosmos Design Solutions may add, delete, or modify this
Policy, and/or its sites and their features and services, at any
time without notice. Changes to this document will be posted on
the Cosmos Design Solutions site. All amended terms shall automatically
be effective 5 days after they are initially posted on the Cosmos
Design Solutions site.
Service Use and Access
Cosmos Design Solutions act as a passive conduit for your online
distribution and publication of products, services and information.
Your use of the Cosmos Design Solutions site is at your own discretion
and risk. You are solely responsible for any and all loss of data,
damage to data or damage to your computer system resulting from
any material or use of said material obtained from or through Cosmos
Design Solutions or its sites.
Cosmos Design Solutions site acts as a venue to allow just about
anything, from anywhere and at anytime, to be bought or sold. Cosmos
Design Solutions is not involved in the actual transaction between
buyers and sellers, and as a result, has no control over the quality,
safety or legality of the items advertised, the truth or accuracy
of the listings, the ability of sellers to sell items or the ability
of buyers to buy items. Additionally, Cosmos Design Solutions cannot
ensure that a buyer or seller will actually complete a transaction.
Cosmos Design Solutions does not monitor or control the information
or material provided by users through Cosmos Design Solutions system.
You may find some user's information to be offensive, harmful, inaccurate,
or deceptive, and should therefore use caution when using Cosmos
Design Solutions sites. Because the Cosmos Design Solutions services
are available via the Internet, please be aware that there are risks
of dealing with minors, people acting under false pretense or foreign
nationals.
Cosmos Design Solutions site and services are only intended for
use with selling through online auction sites, storefront sites,
and/or your own web site and shall not be used to: transmit or offer
any unsolicited "spam" or unsolicited advertising; engage
in fraud or other illegal activity; infringe on the intellectual
property rights of others; upload, email or transmit any software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment or that may interfere
with or disrupt the normal flow and operation of any system. While
using our sites or services, you shall not Interfere, or attempt
to interfere, with or disrupt our sites or services, and the servers
or networks connected to our site, and shall not in any way interfere
or attempt to interfere with any transaction conducted on our site.
While using our sites or services, you shall comply with any and
all applicable laws, statutes and ordinances and with any and all
terms and conditions of your agreement(s) with Cosmos Design Solutions
and any and all third parties to the extent such are applicable.
Cosmos Design Solutions retains the right to block, suspend or deny
access to the Cosmos Design Solutions site, and/or our services,
to any person or entity, in our sole discretion.
Content
The products, services, information and material that you and your
customers, buyers or users provide while accessing, using or conducting
business with or through the Cosmos Design Solutions sites: (a)
shall not be false, inaccurate or misleading; (b) shall not involve
counterfeit or stolen items; (c) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) shall not violate
any law, statute, ordinance or regulation (including, but not limited
to, those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising); (e) shall
not be defamatory, libelous, unlawfully threatening or unlawfully
harassing; (f) shall not be obscene or harmful to minors; (g) shall
not contain any viruses, Trojan horses, worms, time bombs or other
harmful code or item that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; and (h) shall not link directly or indirectly to or
include any products, services, information or materials that are
prohibited under this Agreement.
The content you provide in using our services, including but not
limited to data, images, communications and other materials transmitted
to our site or transmitted relative to services offered on our site,
and any such content offered on our site for your use will be used
solely for the purpose of selling through online auctions, storefronts,
and your own web site. Any and all HTML or similar coding generated
on our site for your use will be used in its entirety without modification.
Without limiting any other remedies, Cosmos Design Solutions may
suspend or terminate your account if Cosmos Design Solutions suspect
that you (by conviction, settlement, insurance or escrow investigation,
or otherwise) have engaged in fraudulent activity in connection
with Cosmos Design Solutions site. Additionally, Cosmos Design Solutions
retains the right to remove any and all content you provide in using
our services, including but not limited to data, images, communications
and other materials transmitted to our site or transmitted relative
to services offered on our site, at any time, at our sole discretion.
Provision and Access to Sites and Services
Your use of our site is at your own discretion and risk. You are
solely responsible for any and all loss of data, damage to data
or damage to your computer system resulting from any material or
use of said material obtained from or through our site and/or company.
Cosmos Design Solutions may add, delete, or modify the site and/or
features and services at any time.
Copyright and Infringement
Cosmos Design Solutions respects copyright laws and expects you
to do the same. If you believe that infringing content is being
hosted on our site, please provide Cosmos Design Solutions with
the following information:
• A description of the copyrighted work that is believed to
have been infringed;
• The location on our site of the content that you believe
to be infringing;
• Your address, telephone number, and email address;
• A statement by you that you believe in good faith that the
disputed use of the copyrighted material is not authorized by the
copyright owner, its agent, or the law (e.g. fair use);
• An electronic or physical signature of the copyright holder
or a person authorized to act on behalf of the copyright holder;
and
• A statement by you, made under penalty of perjury that the
above information is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. |