Last updated on Aug 22, 2023
This agreement constitues a binding legal contract between Cosmic Web Designs, LLC (sometimes referred to as “we”, “us”, or “our”) and you, with respect to your use of this site and all websites, applications and communications that post a link to this agreement (collectively, the “Site”)(“Terms and Conditions”). We reserve our right to change these Terms and Conditions in the future. Except as explicitly stated otherwise, your continued use of the Site will constitute deemed acceptance of our updated Terms and Conditions.
- We may from time to time, at our sole and absolute discretion and without notice to you, update the Site (or any part of it). We will not be liable to you or any third party for any modification, variation, interruption, suspension or discontinuation of the Site.
- The Site uses no cookies at all.
By using the Site and providing your e-mail address, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may unsubscribe from these emails at any time.
Unless explicitly agreed by us, you acknowledge and agree that you may not use our Site for the following purposes:
- in any way that breaches any applicable local, national or international law or regulation
- impersonate or attempt to impersonate any person or entity
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability
- monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site
- use the Site in any manner that could disable, overburden, damage, or impair the Site
- attempt to interfere with the proper working of the Site in any way whatsoever
Fees and Payment
- You may be required to purchase or pay a fee to access some features of the Site. You agree to pay all fees due and payable to us (including all applicable taxes) at the prices then in effect for your purchases.
- You represent and warrant that the information you provide to us is true, correct and complete.
- Where payments are processed through our Site using third party payment processors, you also agree to any terms and conditions set by those payment processors.
Where we provide you with a free trial to use the Site, for the duration of the free trial period, we may at our sole discretion: (i) limit your ability to access certain features; (ii) limit any technical support to you that may usually be available to paying users; (iii) without notice to you, stop your free trial.
- We may, from time to time, set certain minimum specifications required to access our Site to ensure all users have the best possible experience. You are solely responsible to obtain, keep and maintain all equipment and other software that meets our minimum specifications to enable you to have the best possible experience of our Site.
- We may from time to time, at our sole discretion and without notice to you, make variations, modifications, alterations or updates to our Site (“Enhancements”). These Enhancements may be made to improve our Site to you or to comply with relevant legal requirements.
- We will use reasonable endeavors to notify you of any scheduled disruptions to our Site, including those due to any Enhancements. However, regardless of whether a disruption is scheduled or not, we are not liable to you or any third party for any loss or damage caused by any disruption to our Site.
Copyrights and Trademarks
- Except as expressly stated otherwise, you acknowledge and agree that the original content on the Site, and the software, features and functionality comprising the Site are the exclusive property of Cosmic Web Designs, LLC (the “Materials”) and its licensors.
- You agree you will not copy, reproduce, create derivative works from, transmit or distribute the Materials in any way without our prior written consent.
Limitations of Liabilities, Indemnities, and Warranties
- Except as expressly provided by law, we shall not be liable to you or any third parties for any loss, damage, expenses or any other liability arising directly or indirectly from the performance of our services to you. To the fullest extent permitted by law, all warranties or conditions implied by statute, at law, by trade, custom or otherwise are excluded.
- You acknowledge and agree that you assume sole and entire responsibility for, and indemnify and hold us harmless from, any and all claims, liabilities, losses, expenses, responsibilities and damages by reason of any claim, proceedings, action, liability or injury arising out of or as a result of (i) your conduct in relation to these Terms and Conditions; (ii) your use of any material, advice or other results of the services provided to you; (iii) your relations with your clients and/or other third parties; or (iv) any breach of these Terms and Conditions by you.
Term and Termination
- These Terms and Conditions will remain in full force and effect while you use the Site.
- We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.
- Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.
- These Terms and Conditions will bind and inure for the benefit of the parties, including their respective successors, permitted assigns and legal representatives.
- We may, without notice to you, immediately stop providing any services to you at our sole discretion for any reason whatsoever.
- Provided your rights are not affected under these Terms and Conditions, we will be permitted to assign our interest in these Terms and Conditions without prior notice to you. However, you may not assign, transfer, novate or other dispose of your rights and obligations under these Terms and Conditions without our express written approval (which we may withhold in our sole discretion).
Our failure to exercise, or delay in exercising, our rights under these Terms and Conditions does not operate as a waiver of that right.
Exclusion of Implied Relationships
Nothing in these Terms and Conditions shall be deemed or construed to constitute any party a partner, agent, representative, employer or employee of another party or to create any trust or commercial partnership unless specifically otherwise provided. We do not owe you any duty of good faith under these Terms and Conditions.
If any part of these Terms and Conditions are held to be illegal, invalid, or unenforceable, then that part shall be deemed deleted and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the parties with respect to the Company’s services and supersede all previous versions of the Terms and Conditions, understandings, arrangements, agreements, and communications, whether verbal or written, between the parties.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with United States law. Both parties agree to submit to the jurisdiction of the courts of United States with respect to any claim or dispute arising out of these Terms and Conditions.