PLEASE READ THESE TERMS AND CONDITIONS OF WEBSITE ("TERMS") BEFORE ACCESSING OR USING THIS WEBSITE.
THIS WEBSITE OS OWNED BY Kosmik Ventures S.A. (“KOSMIK VENTURES” OR “WE”).
By continuing to access or use this site, you accept these TERMS. From time to time, WE may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using this site. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by WE and shall be of no force or effect.
If you decide to download and use any of our Applications or continue using our Websites, you are bound by these Terms.
Use of the Service is also governed by KOSMIK VENTURES's Privacy Policy and other relevant policies, which are incorporated herein by reference. Before accessing or using the Service, including browsing any website or accessing the Application, you must agree to these Terms and Conditions and the Privacy Policy.
By accessing our Apps or Websites, you agree to the following Terms. The Agreement defines your rights and responsibilities as a user ("User").
1. The KOSMIK VENTURES Services (“Services”) may include mobile applications, websites, content, software products, online and mobile services, the servers, software and the framework through which they are provided to you, currently or in the future, by Kosmik Ventures S.A., or any one of its applications.
2. These terms of use (the “Terms”) govern your access to and use of such Services ("user" or "you"). By using the Services and Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria. In addition, our Privacy Policy will give you a clear understanding of our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these documents before accessing a Service.
3. Subject to your compliance with these Terms and Conditions, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and install (1) our Applications to your supported device, and (2) access and use our Websites and/or Services, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
4. You may not: (i) copy, modify or distribute our Applications for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute our Applications or our Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of our Applications or our Services; (iv) make the functionality of our Websites, Applications or Services available to multiple Users through any means; (v) use multiple accounts per individual User per device; or (vi) use our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly-display, publicly-perform, transmit, stream, broadcast or otherwise exploit the KOSMIK VENTURES Program, except as expressly permitted in these Terms and Conditions. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by KOSMIK VENTURES or its licensors.
5. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE AND ANYTHING CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, CONTENT, WEBSITES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND THAT KOSMIK VENTURES MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
6. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS KOSMIK VENTURES AND ITS EMPLOYEES, REPRESENTATIVES, SUPPLIERS AND AGENTS, AGAINST ANY CLAIM, SUIT, ACTION OR OTHER PROCEEDING, TO THE EXTENT BASED ON OR ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY LINKS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: (I) YOUR USE OR SOMEONE USING YOUR COMPUTER'S USE OF THE WEBSITE; (II) A VIOLATION OF THE TERMS BY YOU OR ANYONE USING YOUR COMPUTER; (III) A CLAIM THAT ANY USE OF THE WEBSITE BY YOU OR SOMEONE USING YOUR COMPUTER INFRINGES ANY COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, OR ANY RIGHT OF PERSONALITY OR PUBLICITY, IS LIBELOUS OR DEFAMATORY, OR OTHERWISE RESULTS IN INJURY OR DAMAGE TO ANY THIRD PARTY; (IV) ANY DELETIONS, ADDITIONS, INSERTIONS OR ALTERATIONS TO, OR ANY UNAUTHORIZED USE OF, THE WEBSITE BY YOU OR SOMEONE USING YOUR COMPUTER; OR (V) ANY MISREPRESENTATION OR BREACH OF REPRESENTATION, WARRANTY OR COVENANT MADE BY YOU CONTAINED HEREIN. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AND COSTS AWARDED AGAINST OR INCURRED BY OR IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, SUIT, ACTION OR PROCEEDING.
7. Either you or KOSMIK VENTURES may terminate this agreement with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Website and destroying all materials obtained from the Website.
8. You acknowledge that KOSMIK VENTURES has the right to change the content or technical specifications of any aspect of the Website at any time at KOSMIK VENTURES's sole discretion. You further accept that such changes may result in your being unable to access the Website.
9. If a dispute arises between you and KOSMIK VENTURES, we strongly encourage you to first contact us directly to seek a resolution by sending an email to 
. Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. To that end, you agree to first contact KOSMIK VENTURES, using the email above, to describe the problem and seek a resolution. If that does not resolve the issue, then you and KOSMIK VENTURES agree that any dispute or claim relating to your use of our Applications, Websites and Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in a small claims court, if your claims qualify. In addition, you and KOSMIK VENTURES both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If, for any reason, a claim proceeds in court rather than in arbitration, you and KOSMIK VENTURES each waive any right to a jury trial.
10. You and KOSMIK VENTURES agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative action. Furthermore, unless both you and KOSMIK VENTURES agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This entire arbitration provision shall survive termination of this Agreement and the termination of your KOSMIK VENTURES membership(s).
11. If any controversy, allegation or claim (including any non-contractual claim) arises out of, or relates to, our Services or Terms and Conditions, then you and we agree to send a written notice to the other, providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. Your notice to us must be sent to us at . For a period of sixty (60) days from the date of receipt of notice from the other party, KOSMIK VENTURES and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or KOSMIK VENTURES to resolve the dispute on Terms and Conditions which either you or KOSMIK VENTURES, in each of our sole discretions, are uncomfortable with.
12. You agree that all disputes between you and KOSMIK VENTURES shall be governed by the laws of Portugal, without regard to conflict of law provisions. You agree that any claim or dispute you may have against KOSMIK VENTURES must be resolved exclusively by a court located in Portugal.
13. Each Party will be responsible for its expenses throughout the Arbitration or Court Process. Unless If the Arbitrator or Court of Law finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose, there will be no expense claim of Expenses.
14. We reserve the right to assign or transfer our rights and obligations under this Agreement. These Terms and Conditions are personal to you and, as a result, you may not, without the written consent of KOSMIK VENTURES, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
15. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
16. Any failure by us to enforce any of the Terms and Conditions of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms and Conditions be taken to be a waiver of the provision or provisions itself.
17. KOSMIK VENTURES may publish additional policies related to specific services such as applications, contests, tournaments, challenges or loyalty programs. Your right to use such services is subject to those specific policies and these Terms and Conditions.
18. This Agreement, including any Terms and Conditions, conditions and policies expressly referenced herein, together with any legal notices published on any of our available platforms, shall constitute the complete understanding and agreement between you and us and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by KOSMIK VENTURES.
19. You acknowledge that the rights granted and obligations made under these Terms and Conditions to KOSMIK VENTURES are of a unique and irreplaceable nature, the loss of which shall irreparably harm KOSMIK VENTURES and which cannot be replaced by monetary damages alone so that KOSMIK VENTURES shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or the KOSMIK VENTURES App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 20 (if any).
20. KOSMIK VENTURES shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of KOSMIK VENTURES, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond KOSMIK VENTURES's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
21. We may notify you via postings on http://www.kosmikventures.com, via e-mail or any other communications means to contact information you provide to us
22. If you have any questions about these Terms and Conditions, please contact us at .