These Terms of Service ("Terms") govern your use of Cognosco Media, LLC (“Company”) as well products for accessing and using content, including all of our websites and software applications (including, but not limited to, mobile applications, other software, documentation, and content), that incorporate or link to these Terms of Service and/or the User Guidelines (“Service” or “Services”) and any written content, audio clips, video clips, or other media or material that is made available through the Services, in any and all formats, including, but not limited to, derived content and/or derived formats ("Content").
Use of the Services may be subject to additional terms and conditions presented by the Services and/or the Company, which are hereby incorporated by this reference into these Terms.
By registering for or otherwise using the Services, you agree to these Terms and User Guidelines. If you do not agree to these Terms, then you must not use the Services, including accessing any Content.
By using the Service, you affirm that you are 18 years or older to enter into these Terms.
You further affirm that all information you have provided to the Services is true and your own.
You may use the Services in one or more ways. “Creators” (singular “Creator”) are people who upload Content to the Services for the purpose of having that Content accessible to others now or in the future. “Consumers” (singular “Consumer”) are people who engage with any Content on the platform through the Services. You may be a Creator, a Consumer, or both. All users, including, but not limited to, Creators and Consumers, agree to the User Guidelines in addition to these Terms.
Subject to your compliance with these Terms (including any other applicable terms and conditions) and User Guidelines, we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Services and the Content ("Access") unless your account is terminated by you or us. You agree that you will not redistribute or transfer the Services or the Content except as permitted under these Terms and User Guidelines.
The Services and Content are licensed, not sold or transferred to you, and the Company and/or the Content owners retain ownership of all copies of the software, documentation, Services, and Content even after installation on your devices.
The Content and other information found within and related to the Services are the opinions of the Content owners, and no claims are made by Company or others. We do not control or endorse, and we make no representations or warranties regarding, any Content, or the people or organizations who provide it. References are provided for informational purposes only and do not constitute endorsement of any websites or other sources, and their correctness has not been confirmed. Consumers should be aware that the websites, software, and other tools referenced in the Content may change. The Services and Content ARE PROVIDED AS IS. Every person and situation is unique. Nothing in these Services or Content is guaranteed to be effective or suitable for your situation. You are responsible for your own choices, actions, and consequences, and any action you take or refrain from taking arising from the Services or Content is at your own risk, and neither the Company nor the Content owners will be liable for any losses and/or damages in connection with your use of this Services or the Content. The Company and Content owners do not assume, and hereby disclaim, any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. Neither the Company nor the Content owners shall be liable for any damages, including, but not limited to, special, incidental, consequential, or other damages except as noted below. Specific restrictions and laws may apply based upon your jurisdiction and/or any contracts or other legal agreements you may have signed. Neither the Company nor the Content owners are representing themselves as lawyers, doctors, CPAs, or any other licensed professional, in any field, and nothing in this book should be taken as legal advice, medical advice, financial advice, or any other advice from any such a professional; you should consult such a professional when appropriate, as well as before taking action based on statements or other information contained in the Services and/or the Content.
You are responsible for the Content you provide to the platform. For the avoidance of doubt, Content includes, but is not limited to, all information, materials, media, text, audio files, video files, images, and other content that is added, created, uploaded, submitted, distributed, transmitted, shared, or posted by you, in any format, from or to any device. You agree that any Content you provide the Services meets the following conditions:
You retain your rights to any Content you submit, post, or upload on or through the Services. The Company does not have any ownership or obligations stemming from the Content you provide.
By submitting, posting, uploading, transferring, or displaying Content on or through the Services, you grant the Company a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your Content and any name, username, or likeness provided in connection with your Content in all media formats and distribution methods now known or later developed on the Services. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any Content, including feedback, and your right to object to derogatory treatment of such Content.
The license is necessary because you own your Content and the Services and Company therefore can’t display or distribute it in various channels without your permission.
The Services and the Content within and used by are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, the Company, other users’ Content on the Services, or any Services’ or Company trademarks, logos or other intellectual property.
If you provide ideas, suggestions, or other feedback in connection with your use of the Services or with respect to any Content, such feedback is not confidential and may be used by the Services or the Company without restriction and without payment to you. Feedback is considered a type of Content under these Terms.
If you believe your Content has been provided to the Service without your permission please contact email@example.com and follow the government guidelines, such as those at https://www.copyright.gov/dmca-directory/. Upon receiving appropriate notice that any content or materials infringe your copyright, the Company will take prompt action to remove such content or materials from the Services as required by applicable law, including the U.S. Digital Millennium Copyright Act (the "DMCA") and similar laws which apply in other jurisdictions.
The Company is not obligated to include, promote, make available, or distribute any Content, nor does the Company have any obligation to monitor or review the Content. Except to the extent prohibited by applicable law, the Company reserves the right to remove or disable access to any Content in its sole discretion, for any or no reason, including, but not limited to, when such Content violates these Terms, the User Guidelines, or any law, without prior notification to you or any third party and without any liability to you or any third party for such removal.
The Content on the platform that is made available shall be accessible in any order, placement, or manner that the Company sees fit. It may or may not be based on commercial considerations, including, but not limited to, advertising, promotions, and/or other financial arrangements.
The Company is not responsible for monitoring, policing, or otherwise enforcing your intellectual property rights. The Company cannot control or monitor how other people use your content. Your intellectual property and/or other rights may be violated unrelated to the Service. Your Content will be on the devices owned and controlled by other people, not by the Service or the Company. We are not responsible, and bear no liability for any damages, including, but not limited to, special, incidental, consequential, or other damages, due to theft, copy, or other infringement on your intellectual property or other rights except as noted below. If you are not comfortable knowing that others can view and access your content do not use the Services.
In order for us to provide our Services to users round the world, you agree that we may process, transfer and store the Content you provide and/or information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.
The Service may offer products and services for purchase through its websites and/or software applications (including, but not limited to, mobile applications). If you choose to make a purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make a purchase by paying with your credit card, debit card, PayPal, or similar account (“Payment Method”) which will be processed by a third-party processor. Once you have made a purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
The Services may offer some access and/or functionality as automatically-renewing subscriptions, e.g., a monthly subscription, an annual subscription. If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at the then-current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the subscription to which you have subscribed and an opportunity to cancel. If the Services change these prices and you do not cancel your subscription, you agree that you will be charged at the Services’ then-current pricing for subscription.
You may cancel your subscription via your profile. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (a) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (b) your subscription will not be renewed when that period expires and (c) you will then no longer be able to access some or all of the functionality, potentially even access to the Service itself, enabled by your subscription.
If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described below. Deleting your account or deleting the application from your device does not cancel your free trial or the subsequent subscription.
You may have other rights depending on your state of residence. Should you be eligible for a refund under laws of your state, in addition to canceling, you must request a refund to receive
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. If you have violated the Terms, User Guidelines, or other terms your account may be suspended or canceled and no refund will be given for the unused portion.
The Service or its payment processors may determine that it has a legal obligation to collect a Sales Tax from you in connection with these Terms. In such a case we will collect such Sales Tax in addition to the payments required for the subscription. If any subscriptions or other paid functionality under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable tax to the Service, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES OR THE CONTENT THEREIN IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICES AND THE CONTENT THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR THE CONTENT OWNERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR RESULTING FROM ANY CONTENT THEREIN (INCLUDING, BUT NOT LIMITED TO, THE USE OR APPLICATION THEREOF), INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Company, and our officers, directors, agents, partners, and employees (individually and collectively, the “Companies Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation, or infringement of any rights of another (including, but not limited to, intellectual property rights or privacy rights), or related to your violation of the law. You agree to promptly notify Company Parties of any third-party Claims, cooperate with Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement, at Company’s sole option, of any third-party Claims.
These Terms are governed by and shall be construed in accordance with the laws of the State of New York in the United States of America, without regard to New York's choice or conflicts of law principles. You agree to the jurisdiction of the federal and state courts located in New York County, New York, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms that is not subject to mandatory arbitration listed below.
We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at firstname.lastname@example.org. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If we can’t resolve the matters within sixty (60) days after any notice is sent, either party may initiate a formal proceeding.
You agree that any claims will be adjudicated on an individual basis, and waive the right to participate in a class action, class arbitration, or other joint action or representative proceeding with respect to the claims. Unless the Company agrees, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
You hereby agree to waive your right to a jury trial and to have any dispute arising out of these Terms or relating to your use of the Service resolved in court. You and the Company agree that any dispute you bring will be submitted to JAMS and will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and the Company agree that you will pay the filing fee for any dispute you bring. The Company will be responsible for any fees with any disputes it initiates.
Any dispute must be filed within one year of when the relevant claim first arose. Otherwise you waive your right to assert the claim.
Should any provisions of this section (“Governing Laws and Arbitration”) be invalidated or found to be unenforceable, it shall not impact the other clauses of this section or in the rest of the Terms. The “Governing Laws” provision will still apply regarding jurisdiction and laws.
We may make changes to these Terms from time to time. As we don’t have contact information for all users, we cannot always notify users of the Services of any changes, instead we will update the date at the top of these Terms and/or related terms. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions.
You warrant that any Content you provide is not subject to any US export control.
You warrant that any Content you upload, download, access, transmit, or otherwise use does not violate any restricted speech or other content limitations in your jurisdiction.
Severability If any provision or part of a provision of these Terms, the User Guidelines, or related terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
No failure or delay by the Company or any other party in exercising any right, power or privilege under any of Terms, the User Guidelines, or related terms will operate as a waiver thereof nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
The use of headings in these Terms, the User Guidelines, and related terms is only for ease of reference, and the headings have no legal effect and are not to be considered part of these Terms.
Words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders. “Including” will be interpreted as “including without limitation.”
The Terms will continue, even after your relationship with the Service has ended and/or your account suspended or terminated.
These Terms and the others referenced by them contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
The Company may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms, to any third party.