Please read these Terms of Service ("Terms", "Terms of Service") carefully, as they constitute a binding legal contract between you ("you" or "your" either an individual or a legal entity) and Cosmogence Inc ("Cosmogence", "us", "we", or "our"). These Terms govern your access to and use of the web sites, media, platforms, forums, portals, and any other online services offered by Cosmogence Inc including without limitation the https://www.cosmogence.com website and any media, software, programs, services, tools, features, databases, materials, content, features, products, platforms, forums, portals, or information available or sold on or through it or used in connection therewith (collectively, the "Services"). Your use of the Services is subject to these Terms, our Privacy Policy and our Community Guidelines.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Services.

We reserve the right, at our sole discretion, to amend, change, modify, revise or replace these Terms at any time by posting revised Terms on the Service.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. You are responsible for reviewing the Terms for any changes, so please check back here every time you use the Services.

Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited, revocable license to access and use the Services in accordance with these Terms. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (a) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Services; (b) create derivative works of the Services; (c) use the Services in whole or in part for any purpose except as expressly provided herein; or (d) disable or circumvent any access control or related device, process or procedure established with respect to the Services.

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Your username and password may not be used by any other person. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and you must ensure that you exit from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with any of these Terms.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. Your use of the Services or any content accessed through the Services must comply with all applicable laws, regulations and ordinances.

By providing us with your email address and other contact information, you consent to our using such contact information to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as changes to features of the Services and other information about our organization.

Some areas of the Services allow users to submit, post, display, provide, upload, or otherwise make available content such as profile information, contact information, photos, user forum features, comments, questions, and other content or information (any such materials a user submits, posts, displays, provides, uploads or otherwise makes available on the Services is referred to as "User Content"). User Content may be viewable by other users of the Services and through third-party websites. As such, any User Content may be treated as non-confidential and non-proprietary. All User Content publicly posted or privately transmitted through the Services is the sole responsibility of the user who originated such User Content.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms. You retain all of your ownership rights in your User Content, but you grant us and our affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, display, distribute, modify, adapt, publish, translate, create derivative works from, and perform such User Content in connection with the provision of the Services and otherwise in connection with our business operations, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms.

We have the right but not the obligation to monitor and edit all User Content provided by users. We reserve the right to remove or refuse to post any User Content for any reason or no reason, and to terminate or refuse a user's access to the Services at any time, without notice and in our sole discretion.

You agree not to use the Services to upload, post, email, transmit or otherwise make available any content that:

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• harvests or collects any personally identifiable information, including account names, from the Services;
• impersonates another person or otherwise misrepresents your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
• interferes with the proper working of the Services;
• accesses any content on the Services through any technology or means other than those provided or authorized by the Services; or
• bypasses the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

You agree not to post User Content that:

• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime or tort;
• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains information the disparages, tarnishes or otherwise harms, in our opinion, us and/or the Services or;
• contains any information or content that you know is not correct and current.

We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates any of these provisions.

We reserve the right to modify or terminate the Services for any reason, without notice at any time. We may also modify these Terms at any time without notice. By continuing to use the Services after any modifications have been made, you agree to be bound by such modifications.

All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cosmogence Inc or its content suppliers and protected by United States and international copyright laws.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Services, including code and software.

You acknowledge that any and all Intellectual Property Rights subsisting in or used in connection with the Services and their original content, features and functionality are and will remain the exclusive property of Cosmogence Inc and its licensors and you shall not at any time (including after termination of the license granted herein) in any way dispute, challenge, or undertake any action directly or indirectly that would be inconsistent with the ownership thereof by us or our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cosmogence Inc.

Our Services may contain links to third-party web sites or services that are not owned or controlled by Cosmogence Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Cosmogence Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to indemnify and hold Cosmogence Inc and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law or the rights of a third party.

In no event shall Cosmogence Inc, nor its directors, employees, agents, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose

In no event shall Cosmogence Inc's total liability to you for all damages, losses or causes of action exceed the amount you have paid Cosmogence Inc, if any, in the last six (6) months, or one hundred dollars ($100), whichever is greater.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Cosmogence Inc, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

These Terms shall be governed and construed in accordance with the laws of the state of Oregon, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Portland, in accordance with the rules of the American Arbitration Association then in effect. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

If you have any questions about these Terms, please contact us at info@cosmogence.com.