TERMS OF SERVICE AGREEMENT & PRIVACY POLICY                                                                                                                        CosMos Social Media LLC 

*** You must be at least 18 years of age to create a Persona and/or use these Services. If you are not at least 18 years of age, DO NOT proceed with this agreement or use CosMos Social. By creating a Persona and/or using the Services provided on and by the CosMos Social Media platform, you hereby agree to all of the provisions of the agreement and policy stated below. You understand and accept that this is a binding, contractual agreement and intend to be bound by its provisions in their entirity.

If you are accessing and/or using these services from, or while, living in any location on the planet Earth or anywhere in the universe known or unknown- These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any and all evolving services, known or unknown at this time, that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms as defined currently here in twelve (12) parts.

1. Who May Use the Services: You may use the Services only if you agree to form a binding contract with CosMos Social Media  and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

2. Privacy: Our  privacy policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, in the United States of Amnerica and/or any other countries for storage, processing and use by CosMos Social Media and its affiliates. 

PRIVACY POLICY: CosMos Social Media  is public and all content is immediately viewable and searchable by anyone around the world. Although we give you non-public ways to communicate on CosMos Social Media  too, through protected Direct Messages, you should always use CosMos Social Media  under an alias or pseudonym (aka “Master Persona” and subsequent “Alter Egos”) which you may create. 

When you use CosMos Social Media , even if you’re just looking at content, we receive some personal information from you such as your real name, the type of device you’re using and your IP address as well username (aka real name) information which you willingly provide upon sign up, and which may be visible to other users within the url bar of some internet browser applications. You can choose to share additional information with us like your email address, phone number, address book contacts, and details offered in your Master Persona public profile. We may and do use this information for things like keeping your account secure and showing you more relevant content, people to interact with, events, and advertisments.

We give you control through your settings to limit the data we collect from you and how we use it, and to control things like account security, marketing preferences, apps that can access your account, and address book contacts you’ve uploaded to CosMos Social Media . 

In addition to information you share with us, we use your posted content, content you’ve read, Liked, or shared, and other information to determine what topics you’re interested in, your age, the languages you speak, and other signals to show you more relevant content. 

It should be noted that although you use CosMos Social Media via pseudonyms known as your "Master Persona" and "Alter Egos" for the purpose of community motif,  CosMos Social Media cannot guarantee your anonymity while using the Services. You should only proceed in using the CosMos Social Media Services under the express understanding and complete agreement that YOU are soley responsible for your own level of anonymity and that any information you may share upon sign up, or by any other use of the Services, are considered public and will be viewable by other users.

If you have questions about the Privacy Policy section of this agreement; how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact CosMos here.

3. Content on the Services and Copyrights: You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations and copyright laws. You should only provide Content that you are comfortable with and which you have the legal right(s) to post and share with others. This includes, but is not limited to, any copyrighted IPs (intelectual porperites) which you may post in celebration or discussion of fandom genres. 

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates this Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. 

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting CosMos Social Media here.

4. Your Rights and Grant of Rights in the Content: You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for CosMos Social Media  to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, sharing of Content, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by CosMos Social Media , or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

CosMos Social Media  has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant CosMos Social Media the license described above.

5. Using the Services: Be aware that you agree by using this service that CosMos Social Media has the express and unchallenged right to decide in realtime what does or does not violate our Community Standards and has further right to remove whatever content or users we see fit. 

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.

In consideration for CosMos Social Media granting you access to and use of the Services, you agree that CosMos Social Media  and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, CosMos Social Media ’s computer systems, or the technical delivery systems of CosMos Social Media ’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CosMos Social Media  (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CosMos Social Media  (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of CosMos Social Media  is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CosMos Social Media , its users and the public. CosMos Social Media  does not disclose personally-identifying information to third parties except in accordance with our privacy policy listed above.

You may not reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, without express permission and/or granting of rights from CosMos Social Media. 

6. Your Account: You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

7. Your License to Use the Services: CosMos Social Media  gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CosMos Social Media , in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the CosMos Social Media  name or any of the CosMos Social Media  trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CosMos Social Media  and its licensors. Any feedback, comments, or suggestions you may provide regarding CosMos Social Media , or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Ending These Terms: You may end your legal agreement with CosMos Social Media at any time by deactivating your account(s) and discontinuing your use of the Services. 

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms agreed upon  (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal by contacting us via our website. 

For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

9. Disclaimer The Services are Available "AS-IS": Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “CosMos Social Media  Entities” refers to CosMos Social Media , its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CosMos Social Media  ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The CosMos Social Media  Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the CosMos Social Media  Entities or through the Services, will create any warranty or representation not expressly made herein.

10. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COSMOS SOCIAL MEDIA  ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COSMOS SOCIAL MEDIA  ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COSMOS SOCIAL MEDIA , IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COSMOS SOCIAL MEDIA  ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. General: We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always govern our relationship with you and you are advised and required to review this contract regularly. We will attempt to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms as they evolve..

The laws of the State of Colorado, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and CosMos Social Media . All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Denver County, Colorado, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Colorado (excluding choice of law).

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. CosMos Social Media’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12. Contractual Agreement: These Terms are a binding agreement between you and CosMos Social Media LLC.  If you have any questions about these Terms before agreeing, please feel free to contact us here. If you do not agree to these terms in their binding entirety, and/or if you do not feel that you fully and completely understand the terms of this agreement, then YOU MAY NOT join or use the CosMos Social Media platform in any way shape or form, and therefore DO NOT, join or use the CosMos Social Media platform in any way shape or form. 

Effective: February 14th 2019

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If you have chosen to proceed in using the CosMos Social Media Services by accepting the agreement above, please also proceed to review our Community Standards below to help make your expereince on CosMos Social the best it can be.

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-COMMUNITY STANDARDS-

CosMos Social Media

CosMos is a community where people who love fandom and fiction can enjoy a fun and escapist alternate reality in the form of social media. And so we respectfully, but very sternly, ask that all users please abide by our Community Standards listed here. Not doing so may result in the removal of your account and/or content at the sole discretion of the CosMos Social Media staff-

1. INCLUSIVITY: The CosMos community is diverse and emphatically inclusive to all people and social/cultural groups of all types, period. We do not “tolerate” people here on CosMos, we simply and fully accept all people as the people they are or have chosen to be. We do not allow discrimination, non-inclusion or cultural demeaning in any form, for any reason or against any user or group. If you preach, practice or promote non-inclusion or any form of discrimination on CosMos you WILL be removed at the discretion of the CosMos Social Media staff.

2. APPROPRIATE CONTENT: Content which is appropriate for the CosMos motif can be broad. This platform celebrates, fandom, fiction, television, film, literary, time period, original creations, cosplay personas, video games and much more. It is meant to be a vast celebration of the entertainment we love and the wonders we are inspired to create. CosMos is not the place to share your vacation videos (unless of course you vacationed in Gotham) So feel free to post your favorite nerd topics, discussions and pics via fan or Persona pages, share events and news stories, but please keep it in general theme. And HAVE FUN!

3. POLITICS & POLITICAL CONTENT: CosMos does not allow politics or political discussion whatsoever (this includes civic, religious and cultural politics of all types). If your post or related content breaks this rule, it will be removed. If you or your posts consistently break this rule, your profile and usership may also be subject to interuption or removal at the discretion of the CosMos Social Media staff.

****And before you ask; someone proclaiming themselves a Christian, Wiccan, non-binary, of a certain race, or part of any specific cultural group is NOT automatically a political statement. It only becomes political when someone attaches a political motivation/discussion to it, OR WORSE, when someone feels the need to dispute another user’s personal proclamation of truth or self. (So live and let live, please!)

As you can imagine; there can be a lot of opinion and debate about what is political and what is not, which is why we don’t allow it here on CosMos. If you feel the unbridaled need to argue about politics, religion, culture or conspiracies: see Facebook/Parler. However, if you would like to agrue about who the best Bond was... WELCOME TO CosMos!!! ;)

4. OTHER NON-APPROVED CONTENT: The staff has the unchallenged right to remove any and all content or user which falls outside the intended fandom related motif of the CosMos platform or any content or user which we feel violates any part of these Community Standards. We know this can be a blurry line sometimes, but we have faith in your judgement and ours when needed.

Example: Don’t post cat videos! Unless said kitties are dressed like Mario or a Vulcan or something... ;)

5. CONCERNING NUDE CONTENT: Artistically nude or semi-nude content may be allowed, but overtly pornographic or any forms of illegal nude content are expressly not allowed. All content which contains any degree of nudity will be subject to removal or approval at the discretion of the CosMos Social Media staff. Any nude content which potentially violates the civil and/or human rights of those depicted or which is potentially illegal in any way will be removed and evidenced to be reported to applicable law enforcement agencies for investigation.

6. THE GRAY AREAS: If your content contains some kind of clever, or what you may consider to be subtle political or non-approved content overlap, please think twice about posting it or it may be reported and thus removed at the discretion of the CosMos Social Media staff.

7. SELF PROMOTION: We are a community of fans and creatives, so we encourage self promotion, celebration and even commerce. CosMos currently has no specific restrictions on self promotion or commerce-based Pages or Personas as long as it does not violate the virtual space of others. If you are an artist or fan, we want to see your wares and art forms, just keep it respectful and do not spam others’ Pages , Personas and/or Istant Messaging inboxes.

8. COPYRIGHTS: You are solely responsible for obtaining any and all applicable licenses, permissions and/or copyrights which may be required for anything you may sell, post, share or promote. (See "Terms of Service & Privacy above" for complete legal requirements and responsibilities concerning copyrights).

9. CYBER BULLYING: Don’t do it EVER! or you will be removed at the discretion of the CosMos Social Media staff.

10. HATE SPEECH: Don’t do it EVER! or you will be removed at the discretion of the CosMos Social Media staff. NOTE: Any and all threats of violence (implied or otherwise) or hate speech which potentially violates the civil and/or human rights of any other user or targeted group will be evidenced and reported to applicable law enforcement agencies for investigation.

11. SPAM: All spam profiles and/or content will be removed and may result in subsequent removal of the user(s) responsible at the discretion of the CosMos Social Media staff.

12. EMPOWERING YOUR EXPERIENCE: We are not here to police or censor your experience on CosMos, we want you to feel invested and in control of your own experience in the CosMos community. So please employ the use of the innate social functionalities of the platform when needed. We advise that if you have a bad experience with another user that you unfriend, or block them as needed to maintain your own desired level of comfort and positivity here on CosMos. We know that the criteria which constitutes the difference between "trolling" and "bullying" can be a thin line that varies from user to user, so again; please unfriend or block anyone who you are uncomfortable with. If problems persist with a specific user, or if you feel you are being targeted in contrast to the rules of these Community Standards, please reach out to us via email for support.

13. ANONYMITY & PRIVACY: As with all social media, it is up to you to decide upon, and ultimately practically achieve, whatever level of anonymity you wish to keep. CosMos has been designed to promote the fictional Personas, aliases and online avatars of our users, but any actual personal information which you choose to share with CosMos during sign up, on CosMos while using the platform Services, or with other users is your sole responsibility. (See Terms of Service & Privacy above for complete legal explanation of our Privacy Policy).

14. PROTECTING YOURSELF: Any real life contact or interactions which you may choose to pursue, allow or partake in with others, or any other form of contact or communication which you may choose to pursue, allow or partake in with others, including but not limited to public or private events, are your sole responsibility and you do so at your own risk.

CosMos emphatically encourages you to stay safe and always err on the side of extreme caution when considering any type of interactions with anyone inside or outside of any social media platform.

15. REPORTING PROBLEMS: Even though we would like to empower you to decide for yourself who to socialize or not socialize with on CosMos, we are always here to take reports that violate the above listed Community Standards or other activity which may be questionable, offensive or illegal, please reach out to the CosMos Social Media staff with any reports or concerns that violate these Community Standards.

Thanks!

-The CosMos Team!

Click HERE for general contact.