TERMS OF USE

These Terms of Use (the “Terms of Use”), together with any and all other documents referred to herein, set out the terms of use under which you may use this website, CosmicDevelopment.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. By proceeding to use Our Site, you are agreeing to our Terms of Use. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  

YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE AND THAT BY AGREEING TO THESE TERMS YOU MAY BE LIMITING YOUR RIGHTS. IF YOU DO NOT AGREE WITH ANY PORTION OF THE TERMS OF USE, IMMEDIALY STOP ACCESSING OR USING THE SITE.

• Definitions and Interpretation

1. 1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

• Information About Us

Our Site, CosmicDevelopment.com is owned and operated by COSMIC 

DEVELOPMENT DOO Skopje, Str. Vasil Gjorgov 20A, 4th Floor, Manhattan BC, 

Skopje – Center.

• Access to Our Site and Age Restrictions

1. 1. You must be the higher of 18 years of age or the legal age of majority and/or age of consent in your jurisdiction to use Our Site. By using Our Site or agreeing to the Terms of Use, you warrant and represent to us that you are at least 18 years of age and/or are compliant with any other local laws or regulations regarding use of Our Site which are applicable to you.

1. If We have any reason to suspect that you are under this age or otherwise do not meet any other applicable requirements, We reserve the right to suspend or terminate your access to Our Site.

1. It is your responsibility to make any and all arrangements necessary in order to access Our Site, including but not limited to any hardware or software requirements.

1. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

• Intellectual Property Rights

1. 1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (is protected by applicable intellectual property laws and treaties.

1. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use or reproduce Content from Our Site.

1. You may:

1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
2. Download any Content where We have provided a link enabling you to do so;
3. Download portions of Our Site (or any part of it) for web browser caching purposes only;
4. Save pages from Our Site for later and/or offline viewing.

1. You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  

1. You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.  

1. COSMIC DEVELOPMENT, our logos and our other registered and unregistered trademarks are trademarks belonging to us. we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

1. The third party registered and unregistered trademarks or service marks on our Site are the property of their respective owners and, unless stated otherwise in these terms and conditions, We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any licence to exercise such rights.

5.8 Copyright infringement notices. 

To file a copyright infringement notification with Us relating to Content on our Site you will need to send a written communication that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent at Info@CosmicDevelopment.com. 

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

• Links to Our Site

1. 1. You may link to Our Site provided that:
      1. you do so in a fair and legal manner;
      2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
      4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

1. You may link to any page of Our Site however the link may not work or may revert to another page on Our Site.
   
   
2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. 

1. You may not link to Our Site from any other site the main content of which contains material that violates Section 6 or any other provision of the Terms of Use, and without limiting the generality of the foregoing:

1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
2. promotes violence;
3. promotes or assists in any form of unlawful activity;
4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
5. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6. is calculated or is otherwise likely to deceive another person;
7. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Section 7.4);
9. implies any form of affiliation with Us where none exists;
10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
11. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

• Links to Other Sites and Affiliated Sites

8.1 Links to third-party sites may be included on Our Site.  These sites may not be under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to a third-party site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Disclaimers and Legal Rights

In addition to all other disclaimers that exist in the Terms of Use;

1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for informational purposes only.
2. We do not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  
3. To the extent that Our Site and the information and services on Our Site are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply.
5. You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with Our Site or these Terms of Use.

8. 8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WESBITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.

9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO, YOUR USE OF OUR WEBSITE. YOU EXPRESSLY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

10. THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

• Legal Compliance

11.1 We reserve the right to comply or cooperate with any law enforcement agency and without limiting the generality of the foregoing, to reveal and disclose your User Content including personally identifiable information and message if we receive a legal document such as a search warrant, subpoena, court order, or similar document or if we become aware of any User Content which may violate any applicable law, to report same to the appropriate authorities without notice to you.

• Our Liability

1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
3. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
5. You hereby indemnify Us, and undertake to keep us indemnified and held harmless, from and against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of your use of Our Site or any breach by you of any provision of these Terms of Use.

• Viruses, Malware and Security

1. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
2. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
3. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
4. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
5. By breaching these provisions you may be committing a criminal offence and any and all such breaches may be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
6. You must not:

(a) use Our Site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use Our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with Our Site;

(d) probe, scan or test the vulnerability of Our Site without our permission;

(e) circumvent any authentication or security systems or processes on or relating to Our Site;

(f) use Our site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to Our Site without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without Our express written consent;

(j) access or otherwise interact with Our Site using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use Our Site except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for Our Site;

(m) use data collected from Our Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of Our Site.

• Acceptable Usage Policy and Termination

1. 1. You may only use Our Site in a manner that is lawful and that complies with the Terms of Use including but not limited to Section 6 which addresses User Content. Without limiting the foregoing, 
      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      5. Collect user names or email addresses of Users of Our Site for the purpose of sending unsolicited communication.
      6. Make any statements that you imply are endorsed by Us without our prior written consent.
      7. Direct any Users to another service or website through Our Site.
   2. Termination. We may cancel or terminate your right to use Our Site or any part of Our Site at any time without notice. In the event of termination you are no longer authorized to access the part of Our Site affected by such termination or if applicable, at all. The restrictions imposed on you and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive. 
   3. We reserve the right to make use of any technological, legal, or other means available to enforce these Terms at any time, without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Website.
   4. We reserve the right to suspend or terminate your access to Our Site for any reason in our sole and unfettered discretion, including but not limited to if you materially breach the provisions of this Section 14 or any of the other provisions of the Terms of Use.  Specifically, We may take one or more of the following actions:
      1. suspend, whether temporarily or permanently, your access Our Site;
      2. remove any Content submitted by you that violates this Acceptable Usage Policy; 
      3. issue you with a written warning;
      4. take legal proceedings against you for reimbursement of any and all relevant costs on a full indemnity basis resulting from your breach;
      5. take further legal action against you as appropriate;
      6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      7. any other actions which We deem reasonably appropriate (and lawful).
   5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

14.6 Except as expressly permitted by the Terms of Use, you must not edit or otherwise modify any Content on Our Site.

14.7 Unless you own or control the relevant rights in the Content, you must not:

(a) republish material from our Site (including republication on another website);

(b) show, share, transmit, reproduce, or disclose any Content, including User Content and Unlocked Content, from Our Site in public or with another person who is not a Member or who was not the intended and authorized User or recipient of such material;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

• Privacy and Cookies

Use of Our Site is also governed by Privacy Policy which includes Cookies, available at: https://www.CosmicDevelopment.com/privacy.  This policy is incorporated into these Terms of Use by this reference.

• Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of our Privacy Policy.

• Communications from Us

1. 1. We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Use.
   2. By agreeing to the Terms of Use, you consent to receiving communications and marketing emails.  Any and all marketing emails sent by Us include an unsubscribe link.
   3. For questions or complaints about communications from Us please contact Us at https://www.CosmicDevelopment.com/contact. 

• Changes to these Terms of Use

1. 1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
   2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

• Contacting Us

To contact Us, please see https://www.CosmicDevelopment.com/contact.

• Law and Jurisdiction

1. 1. Due to the nature of the Internet, it is not possible for Us to restrict access to Our Site only to only certain jurisdictions. Some or all of the services offered on or through, or advertised on Our Site may not be eligible for provision, solicitation, and/or display in your jurisdiction. If you are accessing Our Site from such a jurisdiction, you should not consider anything on Our Site as an offer to provide, display or as a solicitation to the public to purchase any product or service from or through Our Site. Our Site is for use only by persons residing in jurisdictions where such products and services are legal.

20.2 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Macedonia.

20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Macedonia. By accessing and using Our Site you hereby irrevocably consent to the jurisdiction and venue of Macedonia for any dispute between you and Us arising from or related to Our Site.

20.4 UK and EU.  If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in the Terms of Use affects your rights as a consumer to rely on any such mandatory provisions of local applicable law.

20.5 Moral Rights. If you are a resident of any jurisdiction where moral rights may not be assigned or waived, the moral rights to your User Content shall not be assigned or waived.

20.6 California. If You are a California resident, you waive California Civil Code Section 1542, which says as follows: 

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”. 

Under California Civil Code Section 1789.3, Our contact information is set out above. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs here: https://www.dca.ca.gov/about_us/contactus.shtml.

20.7 Australia. You consent to the transfer to and processing of your information in the any jurisdiction throughout the world and you acknowledge that other jurisdictions (including Macedonia) may not have privacy protections equivalent to the Australian Privacy Act 1988. You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act may apply

21. Assignment

21.1 You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms of Use.

21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Terms of Use.

22. Severability

22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

23. Third party rights

23.1 A contract under these terms and conditions is for Our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

24. Entire agreement

24.1 These terms and conditions, together with our Privacy Policy and all other agreements and polices referenced herein and incorporated by reference, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.