1Kosmos, Inc. provides use of content, which collectively includes applications and services as well as this website, subject to the following terms of use (“Terms”) as well as our Cookies and Privacy Policies. The Content is offered to you conditioned on your acceptance, without modification, of the Terms. Your use of this website or continued browsing constitutes your agreement to all such Terms. Please read these Terms carefully, keep a copy of them for your reference, and if you have any questions about these Terms of use please contact us prior to using this website.
Changes to these Terms & other Policies.
We are constantly modifying, updating, expanding, and improving the website content. We reserve the right, subject to applicable law, to make changes, modify, or add or remove portions of these Terms, our Privacy Policy, the Cookie Policy, and other incorporated terms and policies at any time, in our sole discretion. Material changes to these Terms shall not be applied retroactively. We encourage you to check our website frequently to see the current Terms of Use in effect and any changes that may have been made to them. If we make material changes to these Terms, we will post the revised Terms. No one at 1Kosmos is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms, except by means of written agreement signed by an authorized agent of 1Kosmos, and any other purported modifications or alterations or conflicting terms shall be null and void.
You are responsible for ensuring that anyone else who accesses the Website through your internet connection is aware of these Terms and the policies referred to above and that they comply with them.
THESE TERMS OF USE INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the 1Kosmos content strictly in accordance with these Terms. As a condition of your use of the 1Kosmos content, you warrant to 1Kosmos that you will not use the 1Kosmos content for any purpose that is unlawful or prohibited by these Terms. You may not use the 1Kosmos content in any manner that could damage, disable, overburden, or impair the 1Kosmos content or interfere with any other party’s use and enjoyment of the 1Kosmos content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 1Kosmos content.
All content included on this site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of 1Kosmos or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the website content. Your use of this website does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any website content. You will use this website solely for your personal use, and will make no other use of 1Kosmos product or service without the express written permission of 1Kosmos and the copyright owner. You agree that you do not acquire any ownership rights in this websites or product or services content. We do not grant you any licenses, express or implied, to the intellectual property of 1Kosmos or our licensors except as expressly authorized by these Terms.
Communication Services
This website may but need not contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”). You agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service.
1Kosmos has no obligation to monitor the communication services. However, 1Kosmos reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. 1Kosmos reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
1Kosmos reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental, or to edit, refuse to post or to remove any information or materials, in whole or in part, at it’s sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
By way of example, and not as a limitation, you agree that when using a communication service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the communication services; violate any code of conduct or other guidelines which may be applicable for any particular communication service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Material
1Kosmos does not immediately claim ownership of the materials you provide to us (including passwords, feedback and suggestions) or post, upload, input or submit to any of our websites or our associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting 1Kosmos, our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submissions; and to publish your name in connection with your submissions.
Material Use
No compensation will be paid with respect to the use of your submissions, as provided herein. 1Kosmos is under no obligation to post or use any submissions you may provide and may remove any submissions at any time at our sole discretion.
By posting, uploading, inputting, providing or submitting your submissions you warrant and represent that you own or otherwise control all of the rights to your submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Indemnification
You agree to indemnify, defend and hold harmless 1Kosmos, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website content, any user postings made by you, your violation these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 1Kosmos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 1Kosmos in asserting any available defenses.
Disclaimer of Certain Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE 1KOSMOS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1KOSMOS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 1KOSMOS CONTENT AT ANY TIME.
1KOSMOS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 1KOSMOS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. 1KOSMOS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1KOSMOS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 1KOSMOS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH, PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER MATTER FOR WHICH WE ARE NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT OUR LIABILITY.
Termination/Access Restriction
1Kosmos reserves the right, in its sole discretion, to terminate your access to the 1Kosmos content or any portion thereof at any time, without notice. To the maximum extent permitted by law, the laws of the State of New Jersey govern this agreement and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the 1Kosmos content. Use of the 1Kosmos content is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 1Kosmos with respect to the 1Kosmos content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 1Kosmos with respect to the 1Kosmos content, except for any customer agreement into which you enter with 1Kosmos. In the case of any conflict, the terms of that customer agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 1Kosmos as a result of this agreement or use of the 1Kosmos content. 1Kosmos’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 1Kosmos’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the 1Kosmos content or information provided to or gathered by 1Kosmos with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Reviews & Comments
We may, from time to time, permit you or other visitors to post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.