Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cosmily, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Cosmily offers information on products based on their ingredients and formulation and our users also offer information and opinions on Cosmily. However, this is not medical advice. Visit a doctor before using any product suggested on the Website.
You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Cosmily may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Cosmily liability. You must immediately notify Cosmily of any unauthorized uses of your content, your account or any other breaches of security. Cosmily will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you comment on material available by means of the Website (any such material, “Content”), post Content to the Website, post links on the Website, or otherwise make (or allow any third party to make) Content, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Cosmily, you grant Cosmily a world-wide, royalty-free, fully paid, transferable, sub-licensable and non-exclusive license to reproduce, reformat, copy, distribute, modify, adapt and publish the Content. You grant us the right to use the name or username that you submit in connection with Your Content. If you delete Content, Cosmily will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Cosmily has the right (though not the obligation) to, in Cosmily’s sole discretion (i) refuse or remove any content that, in Cosmily’s reasonable opinion, violates any Cosmily policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cosmily’s sole discretion.
Responsibility of Website Visitors
Cosmily has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cosmily does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cosmily disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cosmily.com links, and that link to Cosmily.com. Cosmily does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cosmily website or webpage, Cosmily does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cosmily disclaims any responsibility for any harm resulting from your use of non-Cosmily websites and webpages.
Copyright Infringement and DMCA Policy
As Cosmily asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cosmily.com violates your copyright, you are encouraged to notify Cosmily in accordance with Cosmily’s Digital Millennium Copyright Act (“DMCA”) Policy. Cosmily will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cosmily will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cosmily or others.
Subject to your compliance with these Terms of Service, Cosmily grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Cosmily. This license does not include any resale or commercial use of any Cosmily services, or its contents; any collection and use of any product listings, descriptions, or prices; any benchmark, product, or user data; any derivative use of Cosmily or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by Cosmily or its licensors, suppliers, merchants, publishers, rightsholders, or other content providers. No Cosmily service, nor any part of Cosmily, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cosmily. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cosmily without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cosmily's name or trademarks without the express written consent of Cosmily. You may not misuse Cosmily. You may use Cosmily only as permitted by law. The licenses granted by Cosmily terminate if you do not comply with these Terms of Service.
Cosmily reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cosmily may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Cosmily may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cosmily.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Cosmily and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cosmily nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Cosmily, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cosmily under this agreement during the twelve (12) month period prior to the cause of action. Cosmily shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Cosmily, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.