Please read the Terms of Use carefully before accessing or using this Site.
When
accessing and using CosmoSoft.us ("CosmoSoft")
site, products and services, or a third party site, service
or product linked to or obtained through CosmoSoft as
applicable in the following, you agree to the terms and conditions
listed on this page (the "Terms of Use"). CosmoSoft
reserves the right to change these terms and conditions, and
the products, services, prices, and programs mentioned in
this site at any time, at its sole discretion, without notice.
CosmoSoft reserves the right to seek all remedies available
by law and in equity for any violation of these terms and
conditions.
CosmoSoft's
advertising, products, discussion board, messaging, resume
posting, and developer information may reference sites and
information located worldwide throughout the Internet. Because
we have no control over such sites and information, we make
no guarantee as to such sites and information, including the
accuracy, currency, content or quality of any such sites and
information and we assume no responsibility as to whether
the content directs the user towards unintended or objectionable
content. Display of such content on our site cannot be deemed
an endorsement of such content or of those propagating such
content. Furthermore, because some content on the Internet
consists of material that is adult-oriented or otherwise objectionable
to some people, the results of links provided on our sites
may automatically and unintentionally generate links or references
to objectionable material. We make no claim that such surprises
might not occur and assume no responsibility for such occurrences.
In
addition, as CosmoSoft is a community, CosmoSoft's
advertising, products, discussion board, resume posting, and
developer information is updated by our community as well
as CosmoSoft and its employees. Therefore, CosmoSoft,
its affiliates, directors, and employees are not responsible
for any content available within our site. CosmoSoft
may, but is not obligated to, review or monitor areas on its
site where users may transmit or post communications, including
discussion boards, resume posting and advertising. Although
we reserve the right to remove without notice any content
for any reason, we have no obligation to delete content that
you may find objectionable or offensive.
CosmoSoft
permits anyone to link to CosmoSoft's web site subject
to the linker's compliance with the following terms and conditions:
A
site that links to CosmoSoft's web site:
- May link to, but not replicate, content
contained in CosmoSoft's site;
- Must not create a border environment or browser around
content contained in CosmoSoft's site;
- Must not present misleading or false information about
CosmoSoft's services or products;
- Must not misrepresent CosmoSoft's relationship
with the linker;
- Must not imply that CosmoSoft is endorsing or sponsoring
the linker or the linker's services or products;
- Must not use CosmoSoft's logos or trade dress without
prior written permission from CosmoSoft;
- Must not contain content that could be construed as obscene,
libelous, defamatory, pornographic, or inappropriate for
all ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon
CosmoSoft's request pursuant to CosmoSoft's
reserved rights to rescind its consent to allow the link.
Users
alone are responsible for the contents of the messages, discussion
posts, products and advertising they communicate when using
our services and as well as the consequences of any such messages.
You agree that you will not use our services for chain letters,
junk mail, "spamming" or to engage in illegal activities.
Commercial solicitations are allowable only within the framework
of our project posting area or through direct response to
our resume posting services. You are prohibited from posting
or transmitting to or from this web site any libelous, obscene,
defamatory, pornographic, or other materials that would violate
any laws. However, if such communications do occur, CosmoSoft
will have no liability related to the content of any such
communications. You
further agree not to use our services to send any message
or material that is unlawful, or gives rise to civil liability
.
The user is responsible for maintaining the confidentiality
of your username and/or password. You are responsible for
all uses of your account and the use of services and products
obtained through CosmoSoft as associated to your user
account, subject to these terms and conditions, whether or
not actually or expressly authorized by you.
We
may modify or discontinue our services or your account with
us, with or without notice, without liability to you, any
other user or any third party. We reserve the right to terminate
your account if we learn that you have provided us with false
or misleading registration information, interfered with other
users or the administration of CosmoSoft's services,
or violated these Terms of Service.
In
order to ensure that CosmoSoft is able to provide high
quality services which are responsive to customer needs as
well as in line with our terms of service, you must consent
to CosmoSoft employees being able to access your account
and records on a case by case basis to investigate complaints
or other allegations or abuse. CosmoSoft shall not disclose
the existence or occurrence of such an investigation unless
required by law. Violation of terms of service may result
in immediate deletion of a user's account.
The
information on this web site is protected by copyright. Except
as specifically permitted, no portion of this web site may
be distributed or reproduced by any means, or in any form,
without CosmoSoft's prior written permission.
The
software and accompanying documentation available to download
from this site developed by CosmoSoft are the copyrighted
work of CosmoSoft. All other products available for
purchase are subject to the legal terms set forth by the institution
who originally provided said product for purchase through
our site. Use of the software is governed by the terms of
the end user license agreement in either circumstance, which
accompanies such software. If no license accompanies the download,
the terms of the license that accompanied the original product
being updated will govern, whereas prior versions of a product
constitute as the original product. You will not be able to
use, download, or install any software unless you agree to
the terms of such end user license agreement.
You
may download a copy of product and other information or software
("Materials") found on this site, provided that
(1) the above copyright notice (or the copyright notice on
the Materials) appear unaltered on all copies, (2) use of
such Materials is for individual consumers for informational
purposes only and not for further commercialization, (3) you
will not further copy the Materials, or post all or any part
of them on any network computer, bulletin board or similar
service or rebroadcast them via any media, and (4) no modifications,
alterations, deletions or derivative work of any Materials
is made by any copying or reproduction, redistribution or
rebroadcasting. Use for any other purpose or for commercial
exploitation is not granted and is prohibited by law, and
could bring civil and criminal penalties. CosmoSoft
generally prosecutes violators to the maximum extent possible
under applicable law. CosmoSoft may terminate this authorization
to use the Materials at anytime. Upon such termination you
must immediately destroy all copies of the Materials in your
possession.
Materials
specified above do not include the layout or design of this
web site. Elements of this site are protected by trade dress
or other laws and may not be imitated or reproduced in whole
or in part.
Materials
specified above do not include logos, graphics, sounds or
images on this web site, which may be reproduced or distributed
only when expressly permitted by CosmoSoft.
All CosmoSoft
communications and posts are public and not private communications,
in that the information may not be readily accessible through
access to the site, but is available for CosmoSoft's
use at our discretion. With the exception of credit card numbers
for the purchase of products and services, CosmoSoft
does not want to receive confidential or proprietary information
through its web site. Any information sent to CosmoSoft,
with the exception of credit card numbers, will be deemed
NOT CONFIDENTIAL. You grant CosmoSoft an unrestricted,
irrevocable license to display, use, modify, perform, reproduce,
transmit, and distribute any information you send CosmoSoft,
for any and all commercial and non-commercial purposes. You
also agree that CosmoSoft is free to use any ideas,
concepts, or techniques that you send CosmoSoft for
any purpose, including, but not limited to, developing, manufacturing,
and marketing products that incorporate such ideas, concepts,
or techniques.
Materials Disclaimer
COSMOSOFT
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION
ABOUT THE SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING
ANY DOWNLOADABLE SOFTWARE, MATERIALS, INFORMATION AND SERVICES
(INCLUDING TECHNICAL SUPPORT SERVICES AND INFORMATION) CONTAINED
ON THIS SITE WHICH ARE AVAILABLE ONLY "AS IS," WITHOUT
WARRANTY OF ANY KIND, AND MAY BE USED ONLY AT YOUR OWN RISK.
COSMOSOFT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER DISCUSSIONS,
MESSAGES, CHAT, PROJECTS, PRODUCTS, RESUMES, OR PERSONALIZATION
SETTINGS. IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, COSMOSOFT
MAY DELETE USER ACCOUNTS OR THE INFORMATION THEREIN IF THE
ACCOUNT IS INACTIVE FOR GREATER THAN NINETY (90) DAYS.COSMOSOFT
AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS
ABOUT THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. COSMOSOFT DOES NOT WARRANT
THAT THE MATERIALS WILL SATISFY USER REQUIREMENTS OR THAT
THE MATERIALS ARE WITHOUT DEFECT OR ERROR. THE MATERIALS COULD
CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE AND INFORMATION ADDED TO THIS
SITE. ALL SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
ON OR THROUGH THIS WEBSITE OR OTHERWISE. COSMOSOFT AND/OR
ITS RESPECTIVE SUPPLIERS MAY AT ANY TIME MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S), PROGRAM(S) AND/OR MATERIALS
DESCRIBED IN OR AVAILABLE THROUGH THIS SITE. COSMOSOFT
ASSUMES NO OBLIGATION TO TIMELY CORRECT ANY ERROR, INACCURACY
OR DEFECT IN THIS SITE.
COSMOSOFT
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS SITE OR ANY DOWNLOADING OF DATA, TEXT, IMAGES,
VIDEO, AUDIO OR SOFTWARE FROM THIS SITE.
Limitation on Liability. REGARDING THIS SITE, AND SOFTWARE,
MATERIALS, INFORMATION AND SERVICES (INCLUDING TECHNICAL SUPPORT
SERVICES AND INFORMATION) AVAILABLE THROUGH IT, IN NO EVENT
SHALL COSMOSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
PROFITS, GOODWILL OR LOSS OF DATA EVEN IF COSMOSOFT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES OR INFORMATION ON OR AVAILABLE THROUGH THIS SITE.
SOME STATES IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL
OR PART OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
You
agree to indemnify, defend and hold harmless CosmoSoft,
its affiliates, officers, directors, employees, consultants
and agents from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys
fees) arising from your use of our services, your violation
of the Terms of Service or your infringement, or infringement
by any other user of your account, of any intellectual property
or other right of any person or entity. The Terms of Service
will inure to the benefit of CosmoSoft's successors,
assigns and licensees.
These
Terms of Service constitute the entire agreement between the
parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by CosmoSoft.
This web site can be accessed from countries around the world
and may contain references to CosmoSoft services, programs,
and products that have not been announced in your country.
These references do not imply that CosmoSoft intends
to announce such services, programs, or products in your country.
Governing Law and Jurisdiction
You
agree that all matters relating to your access to, or use
of, this web site shall be governed by the laws of the state
of Sao Paulo (Brazil). CosmoSoft makes no representation
that information on this web site are appropriate or available
for use in all countries, and prohibits accessing materials
from territories where contents are illegal. Those who access
this site do so on their own initiative and are responsible
for compliance with all applicable laws. If for any reason
a court of competent jurisdiction finds any provision or portion
of the Terms of Use to be unenforceable, the remainder
of the Terms of Use will continue in full force and effect.