The COSMOS Social Media Service is owned and operated by Cyberstar Solutions LLC. The COSMOS social media web service will be collectively referred to in this agreement as "COSMOS" or "COSMOS Service". Ownership of the COSMOS Service will be referred to in this agreement as "Cyberstar Solutions". This website/domain will be collectively referred to in this agreement as the "Client Site". In reference to the Client Site, COSMOS is a 3rd party product which is licensed to the Client Site. This section of the Agreement applies to the COSMOS Service. You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Notices and Additional Terms specific service for which you are now signing up. The COSMOS Service is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of COSMOS constitutes your agreement to these Terms of Use and Notices.
LINKS TO THIRD PARTY SITES
Links within the COSMOS Service may let you leave
the Client Site and the COSMOS Service. You acknowledge that the linked
sites are not under the control of Cyberstar Solutions and that
Cyberstar Solutions is not responsible for the contents or operation
of such linked sites or any link contained in such linked site,
or any changes or updates to such sites. Cyberstar Solutions is
not responsible for web casting or any other form of transmission
received from any linked site. Any link does not imply endorsement
by Cyberstar Solutions of
the linked site or any association with their operators.
USE OF COMMUNICATION SERVICES
The COSMOS Service may contain bulletin board
services, chat areas, news groups, forums, communities, personal
and business web pages, yellow page listings, electronic mail
postings 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, and to comply with all applicable laws
and these Terms of Use and Notices. In addition to above acceptable
use limitations, you agree that when using a Communication Service,
you will not:
· Advertise or offer to sell or buy any goods or services, unless
such Communication Service specifically allows such messages;
· Falsify, delete or alter any material, author attributions,
legal or other proper notices or proprietary designations or
labels of the origin or source of material contained in a file
that is uploaded via the Communication Services;
· Restrict or inhibit any other user from using and enjoying
its rights in the Communication Services;
· Violate any code of conduct or other guidelines that may be
applicable for any particular Communication Service;
· Harvest or otherwise collect information about others, including
e-mail addresses, without their express consent;
· Link the Communication Services to any unsolicited communication
sent to any third party, or otherwise use or mention the Communications
Services in connection with any such unsolicited communication;
or,
· Violate any applicable laws or regulations.
Cyberstar Solutions reserves the right, but is not obligated, to review materials posted to a Communication Service and to remove any such materials in its sole discretion, without notice at any time. In addition, Cyberstar Solutions reserves the right to terminate any user account, access to any or all of the Communication Services within COSMOS at any time without notice for any reason whatsoever. Furthermore, Cyberstar Solutions reserves the right to terminate or change any Communication Service at anytime.
Cyberstar Solutions is not obligated to monitor the Communication Services within COSMOS. However, with respect to the use of the Communication Service, Cyberstar Solutions reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the COSMOS Service in Cyberstar Solutions's sole discretion.
You acknowledge that Communication Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. Cyberstar Solutions does not control or endorse the content, messages or information found in any Communication Service within COSMOS and, therefore, Cyberstar Solutions specifically disclaims any liability with regard to the COSMOS Communication Services and any actions resulting from your participation in any Communication Service. Forum managers and hosts of the Communication Services are not authorized COSMOS agents or spokespersons, are not able to bind COSMOS, nor do their views necessarily reflect those of COSMOS or Cyberstar Solutions. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
OWNERSHIP OF MATERIALS
Cyberstar Solutions does not claim ownership of the materials you provide to COSMOS
(including feedback and suggestions) or post, upload, input or submit in connection
with your use of COSMOS or any web site created in connection with the use of
COSMOS. Cyberstar Solutions is under no obligation to post or use any materials you
may provide, and may remove such materials at any time in Cyberstar Solutions's sole
discretion. By posting messages, uploading files, inputting data, submitting
any feedback or suggestions, or engaging in any other form of communication
with or through any COSMOS Web Page, you warrant and represent that you
own or otherwise control the rights necessary to do so, and you will defend
and indemnify Cyberstar Solutions from any third party claim
related to a breach of any of the foregoing representations or warranties.
LIABILITY DISCLAIMER
The information, software, products, services and other material
included in or available through the COSMOS Service
may not be complete, and may include inaccuracies or errors,
and may also be modified or deleted from time to time. Advice,
information, products, services or other materials received
via the COSMOS Service should not be relied upon for
personal, medical, legal, business, financial or other decisions
and is not intended to replace the advice of appropriate and
qualified professionals. You acknowledge that you should consult
an appropriate professional for specific advice tailored to
your situation. Your access to and use of the COSMOS
Service, and products and services of Cyberstar Solutions, is
at your own risk. Cyberstar Solutions, and its members and sponsors,
will not be liable for any damage, loss or disclosure of information,
data, revenue, accounts or business that occurs in connection
with your use of the COSMOS Service, or such products
or services. Cyberstar Solutions makes no guarantees of any kind
regarding the dependability, accuracy, security, timeliness
or availability of the COSMOS Service, or such products
or services. Without limiting the foregoing, CYBERSTAR SOLUTIONS
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN COSMOS
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
CYBERSTAR SOLUTIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL CYBERSTAR SOLUTIONS AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 COSMOS OR RELATED SERVICES,
WITH THE DELAY OR INABILITY TO USE COSMOS OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH COSMOS, OR OTHERWISE ARISING
OUT OF THE USE OF COSMOS, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYBERSTAR SOLUTIONS
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 COSMOS, OR WITH ANY
OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING COSMOS AND ITS RELATED SERVICES.
Without limiting the foregoing, Cyberstar Solutions is not responsible
for any of your data residing on COSMOS and COSMOS
Service hardware. You are responsible for backing-up your data
and information that may reside on the COSMOS or COSMOS
hardware, whether or not such information is produced through
the use of COSMOS. It is your responsibility to take
the necessary steps to ensure your primary means of business
is maintained. You agree to defend, indemnify and hold Cyberstar Solutions
and its suppliers harmless from and against any and all claims,
losses, liability costs and expenses (including but not limited
to attorneys' fees) arising from your violation of these Terms
of Use and Notices (including, without limitation, violation
of applicable Additional Terms of Use), or any third-party's
rights, (including, without limitation, infringement of any
copyright, violation of any proprietary right and invasion of
any privacy rights). These obligations will survive any termination
of your relationship with Cyberstar Solutions or your use of COSMOS.
ACCESS RESTRICTION
Cyberstar Solutions reserves the right to deny in its sole discretion
any user access to COSMOS or any portion thereof without
notice. Cyberstar Solutions may terminate this Agreement and your access
to COSMOS (in whole or in part) and related services
at any time, with or without cause, and with or without notice.
Anyone determined by Cyberstar Solutions to have violated these
Terms of Use and Notices, or any Additional Terms may be barred
from using the COSMOS Service. In addition,
you are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued by you to COSMOS,
and for any use or misuse of your account in COSMOS
resulting from any third party using a password or user name
issued by you.
GENERAL
This Agreement is governed by the laws of the State of NJ, U.S.A.
You hereby consent to the jurisdiction of and venue in courts
located in Hudson County, NJ, U.S.A. in all disputes arising
out of or relating to the use of the COSMOS Service.
In addition, you hereby consent to the exclusive jurisdiction
of and venue in such courts for any action commenced by you
against Cyberstar Solutions, (or its affiliates). Use of the COSMOS
Service is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and Cyberstar Solutions as a result of this Agreement or use
of COSMOS. Cyberstar Solutions performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Cyberstar Solutions
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the COSMOS
Service or information provided to or gathered by Cyberstar Solutions
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.
Unless otherwise specified herein, this Agreement constitutes
the entire agreement between the user and Cyberstar Solutions with
respect to the COSMOS Service and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Cyberstar Solutions
with respect to the COSMOS Service. 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.
You may not rent, lease, license, grant a security interest
in, or otherwise transfer or sublicense your rights hereunder
to any third party. The example companies, organizations, products,
people and events depicted herein are fictitious. No association
with any real company, organizations, product, person or event
is intended or should be inferred.
PRIVACY POLICY
Is my member profile kept private
and confidential?
Yes. Only you have access to your member profile(Public and Private Data).
Family and Friends that you add to your Family/Friends list will only have access
to the data that you make public. Remember to keep your
user name and password secure to avoid compromising your member profile.
Does the Cyberstar Solutions staff
have access to my account?
In the event that you encounter errors or any other technical problems with COSMOS, it may
be necessary for technical support to access your account to track down the origin of the
reported issue and make the necessary fixes to the web service. Other than this case, the
Cyberstar Solutions staff will NOT have access to your account.
Does this Client Site that licenses the COSMOS Service
have access to my account?
No, none of the Client Sites in which host the COSMOS Service has access to your account.
However, each Client Site does have an email list of users that signed up for the COSMOS Service
on their website. In addition, a Client Site may or may not collect demographic or other information
through the COSMOS Service. You will need to review the Terms Of Use and
Privacy Policy of this Client Site or contact this
Client Site to determine how personal information is collected and used.
How does Cyberstar Solutions use
Personal Information?
Cyberstar Solutions uses your Personal Information to operate
COSMOS and to deliver our services. For example, in the event a
member forgets their username and/or password, COSMOS's Request Info Page will send
the members login information to the email address that was provided
during sign up.
Does Cyberstar Solutions share
my Personal Information with other companies?
No, Cyberstar Solutions does not share your Personal Information with any
company or any third party.
This Concludes The COSMOS Terms Of Use And
Privacy Policy Section