You may need an account with ValuSoft Cosmi to use some Services. If you are assigned an account, you are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify ValuSoft Cosmi of any unauthorized use of your password or account or any other breach of security. ValuSoft Cosmi cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
User Content. You retain ownership of any User Content that you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Service, your are granting ValuSoft Cosmi, its affiliates, and their respective officers, directors, employees, consultants, agents, and representatives a perpetual, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, analyze, create derivative works (such as those resulting from translations, adaptations or other changes made so that the User Content works better with the Services), communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new services. This license continues even if you stop using the Services. You will not be compensated for any User Content. You agree that ValuSoft Cosmi may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Services, you warrant and represent that your own the rights to the User Content or are otherwise authorized to post, use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content.
Compliance with Laws. When accessing or using the Services, you agree to comply will all applicable federal, state and local laws, rules and regulations (“Applicable Laws”), including, without limitation, any Applicable Laws with to respect the patent, copyright, trademark, and intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any Applicable Laws, including, without limitation, any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any Applicable Laws including any infringements of any third party rights caused by any access or use of the Services, or any User Content provided or transmitted by you or your account. The burden of proving that any User Content does not violate any Applicable Laws or third party rights rests solely with you.
Prohibited Uses. ValuSoft Cosmi imposes certain restrictions on your permissible use of the Services. You are prohibited from misusing the Services or violating or attempting to violate any security features of the Services, including, without limitation:
(a) any unauthorized copying, redistribution, publication, or retransmission of any portion of the Software or Services, or making the Software of Services available to anyone other than an authorized user;
(b) selling, reselling, renting or leasing the Services;
(c) attempting to reverse engineer or to extract the source code of the Services, or attempting to create derivative works based upon all or part of the Services;
(d) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(e) attempting to probe, scan, or test the vulnerability of the services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(f) interfering or attempting to interfere with service to any user, hose, or network, including, without limitation, by means of submitting a virus or harmful code to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(g) upload, post, email, transmit or otherwise make available any unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) forging any TCP/IP packet header or any part of the header information in any e-mail or any posting using the Services;
(i) falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the software or other material contained in a file that is uploaded;
(j) violating any code of conduct, policies, procedures, or other guidelines that may be applicable for any particular Service; and
(k) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.
Any violation of system or network security may subject you to civil and/or criminal liability.
Contributions. In your communications with ValuSoft Cosmi, please keep in mind that ValuSoft Cosmi does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to ValuSoft Cosmi any creative or original materials, such as ideas for software products, web sites, toys, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to ValuSoft Cosmi, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ValuSoft Cosmi is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ValuSoft Cosmi shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ValuSoft Cosmi may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ValuSoft Cosmi without any obligation of ValuSoft Cosmi to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ValuSoft Cosmi under any circumstances.
ValuSoft Cosmi has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on with the Services. ValuSoft Cosmi has adopted a policy the provides immediate suspension and/or termination of any Service user who is found to have infringed on the rights of Company or a third party, or otherwise violated any intellectual property laws or regulations. ValuSoft Cosmi policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ValuSoft Cosmi to delete, edit, or disable the material in question, you must provide ValuSoft Cosmi with all of the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located in the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ValuSoft Cosmi’s agent for notice of claims of copyright or other intellectual property infringement can be reach as follows:
1635 Chelsea Rd. - Suite A, San Marino, CA 91108
The Services are provided on an “as is, as available” basis. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VALUSOFT COSMI MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES WILL BE COMPLETE, RELIABLE, CURRENT, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
VALUSOFT COSMI’S LIABILITY TO YOU IS LIMITED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VALUSOFT COSMI IS TO DISCONTINUE YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VALUSOFT COSMI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES CONSULTANTS, AGENTS, AND REPRESENTATIVES BE LABILE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT CHEERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
No License. Nothing contained in the Services should be understood as granting you a license to any of the trademarks, service marks, or logos owned by ValuSoft Cosmi or by any third party.