TERMS OF USE.

1. Terms of Service.
2. Previous Definitions.
3. General Terms.
4. Rights and Obligations.
5. User Verification.
6. Free Services and Payment.
7. Passwords: Personal Use and Multiple Use.
8. Restriction of Content Services.
9. Agreements between Users and Content Transfer.
10. Disputes between Members.
11. Violations of Terms.
12. Intellectual Property.
13. Suspension and Maintenance of Services.
14. Account Cancellation.
15. Disclaimer and Limitations of Liability.
16. Privacy.
17. Applicable Law and Competent Courts.

1 – Terms of Service.

Welcome and thank you for carefully reading the Terms of Service (hereinafter the "Terms") that govern the access to and use of COSMYA (hereinafter the "Platform") and all services therewithin.

The Platform offers a set of services that allow: communication and the controlled transfer of content between websites (hereinafter Content) and/or the Platform, among others.

This means Content (text, graphics, photos, images, applications, etc.) can be loaded onto other webpages, and that other users authorized by you may do the same on their websites, which is a risk and a responsibility that should be kept in mind at all times. In any case, you can easily block, stop or remove content transfer, as well as the respective Users. You will always have the last word in all operations.
Use of the Services (or Accounts) constitutes acceptance of these conditions.
The Standards and Terms of Use will be available along with relevant services, and form part of the agreement, which is established with COSMYA by using its services. We recommend that you read carefully. Violation of any of these clauses may result in the suspension of services, without any consideration, financial or otherwise.
Companies adhering to any of our Programs for Partners, Resellers, or Affiliates (hereinafter Licensors), are subject to the Individual Conditions of each of these groups.

 

2- Previous Definitions

• COSMYA: This includes all that is offered on COSMYA.com. Its main objectives are the promotion of Business and Professional Relations and the Promotion and Sale of Digital Products or Services on the internet.
• Users (You or the Member): The legally authorized representative and account manager. The account owner will match the company name, be it a Partnership, Corporation, Individual or any legally constituted entity. The Administrator of it may in turn assign the ownership to other users authorized by the aforementioned.
• Business Center: The main panel of the Platform that lists users and manages permissions and authorizations for e-commerce.
• WEB Center: The Panel where you perform and execute content transfer agreements reached in the BC. Content is designed, managed and transferred to the webpage or a third party.
• Customer or Consumer: Anyone who visits your site, buys products, applies for services, reads content, or interacts in any way with your website or blog.
  Contents: All information and data (of your own) that You transfer and post on the Platform or other Websites e.g. text, graphics, pictures, videos, links, etc.
• Content of the Platform: All the information, applications, and services on the Platform e.g. APIs, Advertising, Posts, News and E-marketing, third party products, and brands.
• Agreements between Users: This refers to all types of contracts or agreements, whether verbal or written, defined and agreed upon freely between users inside or outside the Platform.
  

 

3 - General Terms.

3.1 The use of the Platform offers great advantages but acts only as a "tool" and "medium" for business relationships and the realization and implementation of e-commerce. Because of this, it is essential that:

• That the data described in the User profile are fully accurate and up to date.
• That the agreements between Users are respected.
• That the content is that agreed upon and does not violate the rules of the Platform or violate legal regulations subject to a Country.

The User agrees to supervise Permits, Activations, Blocking or Suspensions that may affect the agreements reached with other users. Improper or incorrect use can affect your own activity, or that of other Users and/or Consumers.

The User shall be solely responsible for any use which may be made of the services within or through the Platform, on their website or that of a third party, as well as all internal and external Content directly or indirectly linked to their account.

3.2 The user declares that they have permission to publish, sell, rent, import, export, or manufacture, sublicense, or distribute their Content whether it be: Products, Services, Trademarks, Logos, Patents, or Copyrighted content irrespective of its format including, but not limited to: text, video, images, graphics, websites, or links to third parties.

3.3 COSMYA may amend the Terms at its sole discretion at any time without giving notice by posting the relevant amended and restated Terms, in which case the latest conditions published always apply.

3.4 The User acknowledges and agrees that COSMYA is not required to actively monitor nor exercise any editorial control over the content of any message or content published onto, through, or linked to the Platform. Each member is solely responsible for their information, content and activities and will be held legally responsible for the use and publication of those.

3.5 The User acknowledges and agrees that they are solely responsible for compliance with applicable laws and regulations, and that the proper use of the Platform will not infringe upon or violate any law.

3.6 The User declares that they are of legal age to form a binding contract with other Companies, Organizations, or other Professionals in accordance with the laws of their country.

3.7 If a User violates any of the Terms or if COSMYA has reasonable grounds to believe that a User has breached the Terms, or is notified by other users of a breach, they may partially or fully suspend access to services or give a reasonable time, deemed appropriate by the Platform, for the provision of documentation to prove otherwise.

4- Rights and Obligations.

4.1 All rights, titles, and interest regarding the Services (excluding Content of Users) is and will be owned and licensed by COSMYA. The Services are protected by intellectual property and branding rights, as well as the regulations of the United States and other countries. These Terms do not grant you any right in connection with the use of the name COSMYA, its logos, domain names, or any other distinctive brand features.

4.2 By becoming a Member, you consent to the inclusion of the information from your user profile in our database, authorizing COSMYA and its Licensors to share that information with any Platform User or handle such information in accordance with the Privacy Policy.

4.3 The Services may include advertisements in free accounts in consideration of the fact that COSMYA allows the access and use of its Services, or in paid accounts (if authorized by the User) that may be related to the Content or information provided in your Profile or any other information. The type and characteristics of advertising COSMYA shows through Services are subject to change. You agree that COSMYA and its Licensors may include advertising in Services in connection with the reproduction of Content or the information that you or others provide through the same.

4.4 COSMYA reserves the right to access, read, save, and disclose any information as is reasonably necessary in order to (a) comply with any law, regulation, legal process or governmental request whenever applicable, (b) enforce the Terms, including investigation of any potential violation thereof, (c) detect, prevent, or deal with fraud or security or technical issues, (d) respond to requests for assistance from users, or (e) safeguard the rights, property or safety of the Platform, its users, and the public.

4.5 By posting your Content and information on the Platform, your website, or on the website of Users on the Network you grant an irrevocable, perpetual, worldwide, royalty-free, sub-licensable to display, transmit, distribute, reproduce, publish, copy, adapt, modify, translate, create derivative works, and use any or all User Content in any form, media or technology now known or not currently known in any manner and for any purpose which may be beneficial for its company, the operation of the Platform and/or the provision of Services. You confirm and guarantee to COSMYA that you have all the rights, power and authority necessary to grant the above license.

4.6 In order to inform and protect the interests of the Consumer, Users that offer content from the Platform on their website should properly inform them the Terms of Use in any legal section of its website or in their absence, visible elsewhere including following note: "The use of services implies the acceptance of the Terms of any content which this site may contain, publications, news, information, advertising, products belonging and linked to other websites via hyperlinks (links) , in which case this website acts solely as a means disseminator and advertiser of their rightful owners and the latter,  are those responsible for the publication, sale, collection, or any content, to which they shall require all certificates, warranties, explanations and/or previous or posterior responsibilities and damages that apply and are applicable, exempt "YOURCOMPANYWEBSITE.COM" of any responsibility that may arise".
If the drafting of this is not possible in your country or could not be transcribed as-is for reasons of grammar or legal regulations, the disclaimer should communicate this message.

4.7 The platform offers different services which show contents of each User. This content is solely the responsibility of the entity who has made it available. We can review the content to determine if it is illegal, if it violates our policies, remove or refuse to publish it if we reasonably believe that violates our Terms or the law. However, this possibility does not necessarily imply that we review content, so it should not be assumed that we will do so.

 

5 – User Verification.

5.1 The user is informed that there may be risks when dealing with people acting under false pretenses or identities. Although COSMYA tries to verify the identity of Users, procedures may not be accurate and therefore cannot guarantee that this identity corresponds to the owner. The User will always ultimately be responsible for authenticating users prior to any contact, communication, or relationship that arises, exempting COSMYA from any liability as a result of incorrect data, false documentation, or impersonation of identity.

5.2 As part of the verification procedure, the user is required to provide information about their company, business or products/services as part of the registration process. The information in the user profile must be authentic, corresponding to the company name and address.

5.3 The primary contact of the account acts as an authorized legal representative of the account, whether a Partenership, Corporation, Individual, or any legally constituted business name, therefore becoming the Administrator of it.

5.4 Each Member represents, guarantees, and agrees that (a) that the information submitted during the registration process or later is true, accurate, current, and complete and (b) that all information that affects the business, organization, or professional profile will be promptly updated to be true, accurate, and complete. The proof of its falsity, absence, or inaccurate data may lead to the total or partial cancellation of service without any right of complaint until an Official Body (local, national or international) or a Certification Authority (CA) verifies this information.

6 - Free Services and Payment.

6.1 The opportunity to enjoy free services is offered, however COSMYA may suspend, limit, extend, or restrict, even without notice, the service of free accounts without this resulting in any liability for the removal of content.

6.2 The enforcement of payment of contracted products begins on the date of contracting, except in the products where activation is not immediate, in which case they will start when COSMYA communicates to you that you may now access the Services, at which time you receive a set-up email with the access information.

6.3 The prices of products or services provided always correspond with those published at the time of their acquisition or renovation.

6.4 The payment of contracted products must be made in advance and exclusively through credit/debit and whose payment periods may be: per month, trimester, or year, depending on the specific characteristics of the product purchased, the client can choose between the available products the time of contracting. In any case, the client may change the frequency of payment afterwards, provided that the contracted product characteristics permit it and that the invoice for that period has not yet been issued.

6.5 In general, extensions and/or additional services contracted for the product will be charged with the same payment frequency that has been chosen for the product itself.

6.6 Extensions and additional services contracted after the main product is billed at the time of contracting and the amount will not be prorated so that the following invoices are issued with the same periodicity of payment chosen for each service independently.

6.7 The Toolbar offers unlimited transfer (Bandwidth) and space; however the Online Shops provide limits for the product purchased. The User should consult the transfer flow and space consumed by the indicators on the panels of the Business Center, Web Center, or email in order to not exceed the limits that can lead to the sudden suspension of service.

6.8 The prices indicated on the website include VAT.

6.9 COSMYA reserves the right to temporarily suspend services because of any incident in the collection of payment for the service and/or for non-payment until resolution of the same. If the client does not proceed to pay after notice of temporary suspension it will be cause for permanent expulsion from the service for breach of the Conditions of the Contract on their part, COSMYA assumes no responsibility for any consequences that may arise as a result of the temporary suspension or service de-registration. Failure to pay for additional services will result in interruption of service.

6.10 In the case of deactivation of services because of non-payment, all data associated with it may be eliminated. If you contract it again, you must add all the data again.

6.11 The amount of the contracted price applicable to the product may be reviewed at any time by COSMYA, as provided in the modifications clause of these Terms.

6.12 Due to the complexity of the processes and/or irreversibility of contracted products such as capacity expansion of accounts or hosting for web services, no right of return is offered for any payment made for the acquisition of services.

6.13 The guarantees apply to the initial contracting of service and covers the amount of product purchased, excluding other items not specifically mentioned in the Conditions of Contract that are applicable.

6.14 Specifically, outside the scope of this warranty, given that the customer must pay the amount in such cases, are: the extensions, additional services, software licenses, and consumption amounts for transfer or disk space in excess of the assigned contracted service.

7 - Passwords: Personal Use and Multiple Use.

7.1 By registering with the site, you need to have a secure contact email to serve as primary liaison for sending documentation, notices, messages, passwords, or other data. The User will act as the Administrator of the account.

7.2 The Administrator will be solely responsible for maintaining the confidentiality and security of multiple passwords for access to different panels: Business Center, Web Center, or other management panels. No User may share, assign, or permit the use of their account, ID, or passwords to persons not expressly authorized by you. You acknowledge that the unauthorized access to the BC may irreversibly compromise all agreements and ongoing business operations, loss, theft, extraction, manipulation of content, or dissemination of messages with confidential information critical to your business. The user should apply for a new password as soon as possible if there is knowledge of the loss, subtraction, or unauthorized access to the panel, taking responsibility for damages that may arise from this.

7.3 The Administrator recognizes that access, use, and management of their account by third parties (Multiple use) inside or outside of their activity, can lead to failures, errors, negligence, insecurity, or irreparable damage to your account and/or to other Users or Consumers. You assume all liability that may arise from such practice.

7.4 The Administrator states that they, and each additionally authorized User of the account, have obtained all necessary consent, approval, and waivers from the owner, partners, or associates in order to operate on all Platform Services including, but not limited to: (a) authorizations, confirmations, cancellations, messages, agreements and all types of contracts, validations, cancellations and permits with third parties, management of applications, purchase or cancellation of services (b) Content management and publishing, true, accurate, complete and legal descriptions and information, (c) is not false, misleading or deceptive; (d) does not contain information that is defamatory, libelous, threatening or harassing, obscene, hateful, offensive, sexually explicit, or harmful to minors; (e) does not contain information that is discriminatory or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (f) does not violate the policy of selling products, or any Additional Terms applicable, (g) does not violate current laws and regulations (including those governing export control, consumer protection, unfair competition, false advertising) or promote any activity that may violate any laws and regulations; (h) contains no direct or indirect link to any other website containing content that would violate the terms and in which case they act as legitimate representatives assuming as their own and on behalf of the entity, all the responsibility that such actions may result in.

8 - Restrictions of Content Services.

8.1 You agree to use the Platform only for your own purposes whether private, public or personal, and agree not to take any action to undermine the integrity of other Users or gain unauthorized access to computer systems or networks of this type. You may not (a) copy, reproduce, download, republish, sell, distribute, or resell any of the Services or any information, text, images, graphics, video clips, sound files, directories, databases, lists, etc. available within or through the Platform and (b) not to copy, reproduce, download, compile, or use any site content for the purpose of operating a business that competes with COSMYA, or otherwise commercially exploit the content of platform. (c) Automatic scanning (scrubbing) and the systematic removal of content from the platform (scraping) to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, devices automatic or manual processes) without written permission from COSMYA, (d) any attempt to interfere with or disrupt the activities of other Users or the Platform including, but not limited to, the following: sending viruses, overloading, flooding, sending emails whether unwanted (spam) or fraudulent (fishing), bombarding with emails, or using Content script which Interferes or supposes an unreasonable burden to the Services or Users. (e) Access, tamper with, or use non-public areas of the Services, COSMYA computer systems or technical systems or the technical delivery providers of the Platform, (f) probe, check or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (g) simulated communication applications (bots) (h) access, attempt, or purport to access or search the Services by any means (automated or otherwise) other than COSMYA interfaces that are provided publicly (and, in any case, are subject to these terms and conditions), unless you have been specifically authorized by an individual agreement with COSMYA, i) carry out agreements, associations, or commercial transactions with other users of the Platform while not acting in good faith. The detection of such processes or publication of the contents without permission could result in the automatic suspension of services and civil claims or criminal proceedings before the Courts and legal bodies on the part of COSMYA or its Licensors.

8.2 You may not use the Platform or any of its applications to participate in activities that are identical, similar, or that may result in a parallel activity on the Internet.

 

9 - Agreements between Users and Content Transfer.

9.1 The User has complete freedom to establish, promote, and realize all types of agreements or partnerships with others and freely establish: forms and terms of payment, length of contracts, rates, etc. as appropriate, for the Sale of products online, web space Rental, Content Exchange. Thus the User has the authority to terminate or interrupt the transfer of Content with other Users from their BC when deemed appropriate.

9.2 Each User has the authority to accept, suspend, and remove the content of other users on their own website, even without notice, if terms are violated, agreements between the parties are not complied with, or may cause adverse impacts whether economic, regarding image, use of excessive resources, or otherwise. However, the user agrees to act in good faith and give prior notice to the extent possible that such violation may lead to suspension of the agreements if not corrected.

9.3 The User may be required for local legality reasons, that the publications of third-party content include some identification informing the consumer who is offering content before clicking on it.

9.4 COSMYA will not intervene in agreements between Users or their content, neither is any content safeguard, nor is it witness, moderator, directly or indirectly, leaving COSMYA exempt from any liability that may arise, without exception. Their performance is limited solely to the application of the Terms and the proper provision of the services offered.

9.5 Agreements between users do not differ from any other legal agreement. The Platform is offered as a means of connecting the contents of messages and digital acceptances, but this may not be sufficient. Therefore, the user should contact all guarantees, endorsements, signatures, invoices, or documentation deemed appropriate in order to verify, protect, and enforce the agreements reached by the parties, pledging to keep backup copies of the messages, emails, or other documentation evidencing the agreements such as: dates and duration of contracts, fees, payment forms, or any contractual consideration whether it be Web Space Rental or Exchanges that have no economic value.

9.6 Each Member declares, guarantees, and accepts that: (a) they will be solely responsible to provide all necessary legal approvals and third party licenses and permissions required with respect to any content they submit, post, or display on their own website or in that of a third party (b) any content they submit, post, or offer does not infringe or violate any copyright, patent, trademark, trade names, trade secret, or any other personal or proprietary rights of third parties, and that (c) they have the right and authorization to sell, market, distribute, exchange, rent, publish or sell, or exploit the products or services shown and that these products, services, brands, or patents do not violate the rights of others.

9.7 The User agrees that "by Clicking" on the corresponding buttons: Activate, Refuse, Block, Suspend, Cancel, Accept or Deny gives "legal value" to all activities carried out such as: acceptance of agreements, alliances, partnerships, subscriptions, sending, or receiving messages, permits, validations or otherwise, be deemed to have been authorized by the User using their full power, assuming all responsibility that such actions may cause to your account, or that of third parties.

10 - Violations of Terms.

10.1 Failure to comply with the Terms described herein, or any breach of COSMYA´s Regulations of Use (which are an integral part of these Terms), assumes the partial, total, temporary, or permanent suspension without notice and without the right of a refund or compensation and which may include without limitation: (a) Claims by other Users, (b) the falseness, impersonation, or misrepresentation of the data provided, (c) dissemination of content that violates property be it intellectual, copyright, trademark, or the Patents of their respective owners, (d) content that is abusive, insulting or threatening, content, products, or services which are illegal or lack sufficient legal safeguards or clearly violate the interests of others, (f) the demand of a lawsuit or any other judicial action applied from any country, (g) non-payment of services (if the services are paid), or (h) any free account.

10.2 The Platform may publish, report or warn of illegal, dishonest, or fraudulent activity that may harm the Platform or interests of its members.

11 - Disputes between Members.

11.1 COSMYA does not act as a mediator between users, does not set or value, or intervene, or claim, nor judge any contractual right between users.

11.2 If you feel your contractual rights with third parties have been violated, such as: abuse, overreaching, or interruption of service agreed before the due date, misrepresentation, illegality, deception, changes, negligence of the agreed content to be published, default, or any damage that supposes a loss, economic, or regarding image, measures that are deemed appropriate should be taken in the corresponding courts.                      

COSMYA stands apart and is exempt of any dispute between users affecting the agreements and individual contracts between parties, but reserves the right in individual cases without involving any obligation of acting in case of clear violation of the terms or repeated requests, with the temporary suspension of the account until clarification of the allegations.

11.3 In order to protect your own interests regarding potential disputes, the User must save all messages or documentation that clearly list and detail confirmation of the agreements reached.

11.4 Before a potential arbitration or investigation either on the part of the Police, COSMYA (in relation to the violation of the Terms), or Judicial arising from a complaint whether civil or criminal, the User agrees to provide all information, documentation and irrefutable proof necessary (including contracts, emails, letters, bills, text messages, etc.), with which to evaluate and verify without a doubt that another user has violated the Terms, rights or contractual agreements. After checking the documentation, COSMYA may take action it deems appropriate and ranging (without incurring an obligation) from notice, to blocking certain services until the violation is corrected, or the suspension of the service. It will assess the recidivism of the offender or the repeated complaints from other Users.

12 – Intellectual Property.

12.1 COSMYA.com is the sole owner or lawful licensee of all rights and interests and content.

12.2 Trademarks, Logos, and other distinctive graphics, documentation, and/or videos correspond to their owners (Users or not). They are not to be reproduced without authorization.

12.3 Regarding software licenses and other intellectual/industrial property rights, the User acknowledges the ownership of the manufacturers and/or suppliers of all intellectual property rights that may be held over them and promises to observe the terms of said licenses and to answer to the use thereof.

13 - Suspension and Maintenance of Services.

13.1 COSMYA changes and constantly improves its services. Therefore, we may add or eliminate certain functions or features, suspend or cancel all or part of a Service, either because it is not useful or does not meet expectations for which it has been created. Users will be informed well in advance of such actions without thereby reserving the right to do so without notice. In no case is COSMYA responsible for the suspension of services that may be caused.

13.2 Services can be totally or partially suspended for any reason of force majeure which prevents operation or threatens security without this resulting in any right to claim any compensation or extension of the contract by the user.

13.3 COSMYA reserves the right in free accounts, without notice, to restrict or eliminate access to services and are subject to other conditions that may be imposed by their sole and complete discretion.

14 – Account Cancellation.

14.1 You may terminate your account at any time. From that moment you will no longer appear as a User and therefore will not appear in searches made on the Platform, however for security reasons, we establish a period of three months where you can still recover your account (and its contents), if wanted. After three months the account is deleted completely.

14.2 The Platform reserves the right to disable or delete free accounts due to prolonged inactivity.

15 - Disclaimer and Limitation of Liability.

15.1 In no case is COSMYA nor its suppliers or resellers liable for loss of profits, revenue, data, financial loss or for any indirect, special, consequential, exemplary, or punitive damages, nor shall they be liable for any direct or indirect cause related to the utilization that any of the the Users of COSMYA.com services among which may include without implying any limitation of any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, which may have been incurred in directly or indirectly, or any loss of use, goodwill, or other intangible losses resulting from (i) access to or use of or inability to access or use services, (ii) any conduct or content generated by another user or a third party through the services, including without limitation to: any defamatory, offensive, or illegal conduct, (iii) any content posted through the Services, or (iv) access, use, or unauthorized change of passwords.

15.2 The parties acknowledge that the entry into force of these Terms and/or Product Specific Conditions contracted, does not imply any representation, delegation, guarantee, or agreements other than those specifically described therein, and accordingly, all terms, conditions, guarantees or other aspects implied by general regulations or agreements are explicitly excluded to the extent permitted by Law.

15.3 Some jurisdictions provide certain guarantees, such as a specific warranty of merchantability, appropriateness for a particular purpose and non-infringement. To the extent permitted by law, COSMYA excludes all warranties.

15.4 To the extent permitted by law, the total liability of COSMYA, as well as its suppliers and distributors, for any claim made under these conditions, including any implied warranty is limited to the amount paid for contracted services.

16 – Data Protection.

16.1 Any information that you provide COSMYA is subject to our Data Protection Policy that covers the collection and use of your information by COSMYA. They hereby inform you that the use of the Services involves implied consent to the collection and use of this information (as provided in the Data Protection Policy), including, also, your implicit consent for the transfer of this information to the United States or other countries for storage, processing, and use by COSMYA. As part of providing the Services, we may have to notify you of certain information such as, for example, developments in connection with the provision of the Services, or administrative posts. These notifications are considered part of the Services and your Account, so it is possible that, for this reason, you cannot refuse to receive them.

17 – Applicable Law and Competent Courts.

17.1 These Terms and any action related thereto will be governed in accordance with the provisions of the law of the State of New York without any principles being in conflict with laws of your state or country of residence. For this, you agree that any claim, proceeding or litigation arising in connection with the Services will irrevocably be submitted to the federal or state courts located in New York County, NY, USA, and also will hereby be subject to the jurisdiction and venue of courts, and waives making any exception of forum non conveniens.

17.2 In the event that you are a federal, state or local U.S. government entity using the Services in the capacity as such and cannot be subject to the applicable regulations or the forum provided in the preceding clauses, such clauses shall not be applicable. In the case that it is a governmental entity of the United States federal character, these Terms and any action arising therefrom shall be governed in accordance with the laws of the United States (without reference to principles of conflict of laws) and, in the absence of federal law and to the extent permitted by federal law, the laws of the State of New York (excluding choice of applicable law).