Terms of Use
Last updated: March 31, 2023
Welcome and thank you for your interest in Cosmic FOMO. These Terms of Use (“Terms”) are a legally binding agreement between you (“user,” “you”) and Tothemoon Development Ltd., a company registered in accordance with legislation of Cyprus with its registered office at 6 Themistokli Dervi, Flat 4D, Nicosia 1066, Cyprus (“Company,” “we,” “us,” and “our”) and govern your access to and use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other products and services related to our game Cosmic FOMO (collectively, the “Service”).
By signing up to use a Cosmic FOMO account or Service through our site, and mobile application, by obtaining, holding or using a NFT pilot, or GalaxyBox by the Company, or by otherwise accessing or using the Service, you agree that you have read, understand, and accept all of the terms and conditions contained in these Terms.
You should carefully read these Terms before using the Services. If you do not agree with all of these Terms, you may not use the Services.
Eligibility
By using the Service, you represent and warrant that you are at least 18 years of age or older and have the legal capacity to enter into these Terms. If you are under the age of 18, you must have the consent of a parent or guardian to use the Service.
Our Service
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity). The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by the Company or its licensors. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by the Company in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
Except as expressly provided herein, the Company does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that the Company has in the Service and Content are retained by the Company, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.
No aspect of the Service constitutes legal, financial, medical, or other category of professional advice.
Mobile software applications
You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from the Company.
The Company may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are not permitted to modify, transfer, or distribute any Apps. the Company does not guarantee that the Apps will be compatible with your device. The Company may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at the Company’s discretion. You may not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as authorized by applicable law and the laws of the jurisdiction in which the software was obtained.
User Account
You may be required or permitted to create a user account (an “Account”) in order to access or use certain aspects of the Service. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself and not about another individual (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
The Account shall not contain: misleading, inaccurate or fraudulent information, including, but not limited to fake phone numbers, creating fake information for a third party account, providing fraudulent identification documents.
You agree that we have the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if we believe the information you provide is not correct, current, or complete, or that you have otherwise violated these Terms or any applicable law. You agree that we may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. By accepting these Terms, you waive any claims resulting, directly or indirectly, from any action taken by the Company during or as a result of these investigations.
You are solely responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Virtual Items
The Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money.
You agree that you will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited. The Company has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion, and the Company will have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be immediately lost, deleted from your Account, or otherwise forfeited if your Account is terminated or closed for any reason or when the Company discontinues, modifies, or updates an applicable aspect of the Service. You acknowledge and agree that the Company will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. The Company may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability. If the Company revokes your license to Virtual Items, the Company will not have any liability to you for any time or money spent by you on Virtual Items, any Virtual Items associated with your Account, or for any other reason whatsoever.
The Service features an internal marketplace where users can exchange Virtual Items with other users ("Internal Marketplace"). The purpose of the Internal Marketplace is to facilitate the trading and exchange of Virtual Items within the Service.
As Virtual Items have no real-world monetary value and are not redeemable for any sum of money, goods, or services, the exchange of Virtual Items within the Internal Marketplace is solely for in-game purposes and does not result in any financial gain or compensation for users.
The rules and guidelines governing transactions on the Internal Marketplace are established and provided within the Service. By participating in the Internal Marketplace, you agree to comply with all applicable rules and guidelines, as they may be amended from time to time. The Company reserves the right to modify, suspend, or terminate the Internal Marketplace or any user's access to it for any reason or for no reason, at its sole discretion and without prior notice.
User Content
“User Content” means any and all information and content that a user submits to, or uses with the Service. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by the Company. We are not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You represent and warrant that you have and will maintain all rights necessary to grant to the Company the rights granted in these Terms, and by providing your User Content to the Company in accordance with the Terms, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws.
You hereby grant the Company a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of the Company necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Use of Service
You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:
constitutes or promotes illegal activity;
is infringing, libelous, defamatory, abusing, harassing, or threatening;
contains any obscene, pornographic, racist, or otherwise offensive material;
exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by the Company;
is subject to confidentiality or non-disclosure obligations;
includes any visible logos or trademarks that belong to third parties;
disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers; or
links to any third-party sites or services that would violate the standards contained in this list.
In using the Service you also agree not to:
attempt to interfere with the operation of the Service in any way;
copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service;
use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
assign, sublicense, pledge or transfer any of your rights or obligations under these Terms to any person or entity without the Company’s prior written consent which may be withheld in the Company’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);
use the Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service.
Limitation of access, termination, suspension
We may terminate, suspend, or limit access to the User Account or to the Service at the our sole discretion in the following situations:
you violate these Terms;
we have a reason to believe that the your use the Service violates any applicable laws;
we have a reason to believe that the you have provided us with false, inaccurate, incomplete, misleading or fraudulent information during the registration or use the Service;
you have performed an attempt (either successful or unsuccessful) of unauthorized access to any part or component of the Service, bypass or break any security mechanism of the Service or use the Service in any other manner that poses a security risk to us or to any other user;
you have performed an attempt (either successful or unsuccessful) to interrupt Service;
we are required to do so by any applicable state law or/and order issued by the state authority.
International Use
The Company makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:
you do so on your own initiative and at your own risk;
you will not use the Service if you are prohibited from receiving Services under local laws and regulations;
you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.
Third-Party Websites
The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Websites”). The Company does not endorse and is not responsible for Third Party Websites, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and the Company disclaims all liability in connection therewith. References to Third Party Websites do not imply endorsement of any Third Party Websites by the Company or any association with its operators. Your dealings with Third Party Websites are solely between you and the applicable Third Party Websites.
Limitation of Liability, Disclaimer of Warranties
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICE, OR THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF THE COMPANY’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICE, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICE; (II) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICE; OR (III) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT.
You agree to indemnify and hold harmless the Company and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of these Terms or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.
Applicable Law, Dispute Resolution
These Terms are governed by the laws of England and Wales.
Any dispute arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration of Riga International Commercial Arbitration Court (RICAC), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be 1, the seat or legal place of arbitration shall be Riga, Latvia. The language of the arbitration shall be English.
General Provisions
Force Majeure. The Company will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
No Waiver. No failure or delay by the Company in exercising its rights under these Terms will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.
Severability.If any portion of these Terms shall be unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or portions thereof.
Construction. The titles of the sections of these Terms are for convenience of reference only and are not to be considered in construing these Terms. Unless the context of these Terms clearly requires otherwise references to the plural include the singular, the singular the plural, and the part the whole.
Survival. Any provision herein which by its nature contemplates your continued observance following termination of these Terms will survive termination of these Terms.
Entire Agreement. These Terms are the entire agreement between the parties relating to the matters contained herein.
English version. In an event the App shall be available in multiple languages, the English version of the Terms shall prevail.
Updates to the Terms. We reserve the right to change these Terms from time to time. If you continue to use the service after those changes took effect, you consent to the new Terms. We will always have the latest Terms posted on the Service.
Contact Us
If you have comments or questions about the Terms, please contact us by email at info@cosmicfomo.com.
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