Terms & Conditions
The Agreement constitutes the entire and only agreement between you and Cosmobox with respect to your use of the Website and Services (as defined below), and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Website, the content contained therein and/or any other products and services provided by or through same. Please review the Agreement carefully. If you do not agree to the terms of service contained within the Agreement in its entirety, you are not authorizedto use the Website or Services in any manner or form whatsoever.
a) Cosmobox provides its users with an infrastructure, which enables the user to save electronic files on internet servers. It is not allowed to save files whose possession and/or distribution is illegal. The files saved with FileDefend are treated confidentially. Cosmobox does not provide any search function, with which Cosmobox’s infrastructure can be searched. Cosmobox does not scan or open the files of its users. The files are not catalogued nor listed in tables of contents by Cosmobox. Only the owner of the account has the possibility to allow the access to his files.
(b) Images, videos and files that violate copyrights or trademarks are strictly prohibited. Pornographic material is also disallowed. Cosmobox will immediately block the access to such content after having been notified. Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. Cosmobox reserves the right to delete files and/or disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
(c) Cosmobox is not liable for its users images, videos or files or any lost business due to the unavailability or loss of the website. Cosmobox makes no claims of future reliability in serving, hosting or storing your images, videos or files.
Items through above shall be referred to collectively herein as the "Fees." All Fees will appear on your account or Credit Card, as Cosmobox. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions (as defined below) of Cosmobox in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Cosmobox reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Cosmobox authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Cosmobox reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Your Premium Member Account may be deactivated, and access to the Website and/or Services denied, for non-payment.
2. MODIFICATION OF AGREEMENT
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with, and be bound by, all of the terms of service contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that Cosmobox is not responsible or liable in any manner whatsoever for your inability to use the Website, become a Member or use the Services.
The Website and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
In order to obtain Standard Services and/or Premium Services, you must first submit the applicable registration form ("Application") to FileDefend for review and initial approval. Cosmobox reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever.
(a) Standard Services: The information that you must supply on the Application in order to obtain Standard Services may include, without limitation: (i) your e-mail address; (ii) your Facebook® (as defined below) account ID, but only where you request Facebook® Connection Services; and (iii) any other information requested by us on the Application (collectively, "Standard Services Registration Data").
(b) Premium Services: The information that you must supply on the Website in order to obtain Premium Services may include, without limitation: (i) your e-mail address; (ii) your Facebook® account ID, but only where you request Facebook® Connection Services; (iii) information (depending on your preferred means of payment); and (iv) any other information requested by us on the Application (collectively, "Premium Services Registration Data" and, together with the Standard Services Registration Data, the "Registration Data").
(c) General: You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Cosmobox will verify and approve all Applications in accordance with its standard verification procedures. If Cosmobox approves your Application to become a Standard Member or Premium Member, you can set up your account ("Account") by selecting your: (i) user name; and (ii) password. You can access your Account at the Website using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password including, without limitation, any and all purchases made there through.
4. SERVICE SUPPLY REGULATION
Upon purchase of Premium Membership,your premium cosmobox access will be instantly activated through Cosmobox system. Data storage of product/service purchasers complies with general security regulations.
You may cancel your Membership at any time if you are not completely satisfied. If you wish to cancel your Membership, simply cease using the Website and applicable Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Cosmobox. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 here in below shall immediately terminate. The following conditions apply to any Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Cosmobox
6. REFUND POLICY
COSMOBOX manages all refund requests separately. Each refund request is evaluated taking into account factors such as but not limited to usage quantity, purchase time, date of purchase and payment method, ect. The final decision is made based on results of the internal investigation and communiaction with the customer.
7. REJECTION & TERMINATION
Cosmobox may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Cosmobox believes that you are in any way in breach of the Agreement; and (b) where Cosmobox believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.
8. DELETION & MODIFICATION
We reserve the right in our sole discretion to delete any Content, documents, information or other material appearing on the Website.
8.1 Neutral Party
Notwithstanding the foregoing, Cosmobox undertakes no responsibility to monitor or otherwise police the Content made available by Members. Cosmobox operates the Website and Services as a neutral party, and, Cosmobox does not regularly monitor, regulate or police the use of the Website and/or Services by any of its Members. The use of the Website and/or Services by a Member or otherwise does not constitute an endorsement by, Cosmobox of that Member. Cosmobox is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.
9. LICENSE GRANT
As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Cosmobox URLs, Website, Services and associated content (collectively, " Cosmobox Content"). Cosmobox may terminate this license at any time for any reason. Unless otherwise expressly authorized by Cosmobox, you may only use the Cosmobox Content for your own personal, non-commercial use. No part of the Cosmobox Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Cosmobox Content except as expressly permitted by Cosmobox. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Cosmobox Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the Cosmobox Content. You may not use the Cosmobox Content in conjunction with any other third-party content. You may not exploit any aspect of the Cosmobox Content for any commercial purposes not expressly permitted by Cosmobox. You further agree to indemnify and hold harmless Cosmobox for your failure to comply with this Section 14. Cosmobox reserves any rights not explicitly granted in the Agreement.
10. PROPRIETARY RIGHTS
The Cosmobox Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Cosmobox Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the FileDefend Content is strictly prohibited. You do not acquire ownership rights to any Cosmobox Content or other materials viewed at or through the Website. The posting of information or material at the Website does not constitute a waiver of any right in such information and/or materials.
10.1 Representations and Warranties
Member hereby represents and warrants to Cosmobox that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Cosmobox Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Cosmobox Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Cosmobox Content and any use thereof.
You agree to indemnify and hold Cosmobox its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Cosmobox Content in any way; (b) your breach of the Agreement; (c) the Cosmobox Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of Cosmobox, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
11.1 Disclaimer of Warranties
You expressly understand and agree that:
a. Your consuming this website is at your sole risk. Service is provided on an "as is" and "as available" basis. Cosmobox and your subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of little kind, whether express or implied, including, yet not limited to the implied warranties of merchantability, fitness for only a particular purpose and non-infringement.
b. Cosmobox and your subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the site will meet your requirements; (ii) the location will be uninterrupted, timely, secure or error-free; (iii) the outcomes that could be more likely to be got from the employment of the positioning would certainly be accurate or reliable; (iv) the overall quality of any products, services, information or other material purchased or obtained near you through service will meet your expectations; and (v) any errors by the software shall be corrected.
12. LIMITATION OF LIABILITY
You expressly understand and agree that COSMOBOX shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
13. LEGAL WARNING
Any attempt by any individual, whether or not an Cosmobox customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services is a violation of criminal and civil law and Cosmobox will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions about the Agreement or about the practices of Cosmobox, please feel free to Contact Us.