Terms of Use
www.heycosmo.com
HeyCosmo is a web-based social communications service provided at www.heycosmo.com and its directly associated domains, widgets, and applications offered via third-party social networking and other web sites (collectively, "HeyCosmo Applications" or "HeyCosmo Services") over the Internet and the telephone. HeyCosmo is owned and operated by Arsenal Interactive, Inc. ("Company"). By using HeyCosmo, you agree to be bound by these Terms of Service (this "Agreement"), which may be revised from time to time without notice to you. You can review the most current version of this Agreement by request.
Effective Date: April 1, 2008
Description of Service:
HeyCosmo provides access to various publishing and communication tools which Members can use to initiate calls, receive calls, publish or display (hereinafter "Post") messages, photographs, audio and video files (hereinafter "Content") to a webpage and participate in web-based discussions, phone calls, and messaging via HeyCosmo’s social communications service and HeyCosmo’s instant message service. HeyCosmo also provides its own media content and programming which may be accessed through the website. For purposes of this Agreement, the term "HeyCosmo" shall mean HeyCosmo’s websites (including, but not limited to, http://www.heycosmo.com), HeyCosmo’s instant message service, HeyCosmo’s email service, and all other software, features, tools, websites and services provided by or through HeyCosmo.com by Company (collectively, the "Services").
Membership:
By using HeyCosmo, you represent and warrant that all registration information is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are thirteen (13) years of age or older and that your use of HeyCosmo does not violate any law or regulation in the United States or any other applicable jurisdiction. Your membership may be terminated without warning if it is found that you are misrepresenting your age or your identity. If you provide any registration information that is untrue or inaccurate, or if HeyCosmo has reason to suspect that such information is untrue or inaccurate, HeyCosmo may suspend or terminate your Membership without notice to you.
User Name, Password and Telephone number:
You will need a valid user name, password, and telephone number to use certain features of HeyCosmo. You must have a valid email address and telephone number in order to register for a user name and password on the HeyCosmo website. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) select or use a telephone number of another person with the intention of impersonating that person, (3) use the user name of anyone else without authorization, (4) use the telephone number of anyone else without authorization, (5) use a user name in violation of the intellectual property rights of any person or entity, (6) use a telephone number in violation of the intellectual property rights or privacy rights of any person or entity or in violation of applicable law, (7) use a user name that Company considers in its sole discretion as being inappropriate or in poor taste, or (8) use a telephone number (in letters) that Company considers in its sole discretion as being inappropriate or in poor taste. Users are responsible for all telephone calls and messages made by User (or through User's account) in connection with the Services or otherwise.
Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name or telephone number or the telephone numbers of others. You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the HeyCosmo website home page, logging in, and clicking on "Settings"). You agree to notify Company of any unauthorized use of your account or any other breach of security, and you shall ensure to exit from your account at the end of each session.
Voice Recording Consent:
You agree and consent that HeyCosmo may record oral, text, or voice communications, utterances, conversations or commands, made by you during the use of the HeyCosmo Services. By using the HeyCosmo Services, you expressly consent and grant to HeyCosmo the right to record and use these recordings. If you do not authorize HeyCosmo to make or use these recordings, you may not use the HeyCosmo Services.
HeyCosmo is under no obligation to monitor any recordings for accuracy, completeness, content, or quality. User understands that recordings may or may not resemble that which User intends to record and that HeyCosmo is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the HeyCosmo Services.
Term and Termination:
This Agreement shall remain in full force and effect while you use HeyCosmo, whether or not you are a Member. You may terminate your membership at any time, for any reason, by sending a request to cancel your account by email to support@heycosmo.com. Company may terminate your membership and cancel your user name for any reason with or without notifying you. In the event your membership is terminated, your user name is cancelled, or your telephone number cannot be used, Company may, without notification, delete any Content Posted by you, and you will need to re-register and obtain a new user name to gain access to any registration based services of HeyCosmo. Company shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to HeyCosmo or cancellation of user names.
Inactive Status:
You must use your user name on a regular basis by logging into HeyCosmo.com, in order to keep your user name and membership active. Company may, without notification, cancel your membership and user name and delete any Content Posted by any Member who has not used such user name for a period of ninety (90) days. If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based services of HeyCosmo.
No Duty to Monitor Content:
Company, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on HeyCosmo including the content of any messaging that occurs on or through the HeyCosmo social communications service, whether the Content is posted in a public area or a non-public area. Company reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, in poor taste, or which may violate the rights of, or harm or threaten the safety of, others. However, Company is not responsible for any failure or delay in removing such Content.
Content Responsibility:
As part of the HeyCosmo Services, HeyCosmo may offer User access to communications, media and commerce services. HeyCosmo does not guarantee the accuracy, integrity, quality, or appropriateness of any messages, communications, calls, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the HeyCosmo Services. You acknowledge that the HeyCosmo Services simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that HeyCosmo has no obligation to screen, preview, or monitor such Content. By using the HeyCosmo Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the HeyCosmo Services, including Content that may be offensive, harassing, indecent, or objectionable. Under no circumstances will HeyCosmo be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the HeyCosmo Services.
Parental Control Protections:
We are concerned about the safety and privacy of all HeyCosmo users, especially children. However, it is important to keep in mind that HeyCosmo is intended for broad general use and users may find that some Content available on HeyCosmo is offensive, indecent, or objectionable. However, Company cannot be held responsible for any Content posted by HeyCosmo users which may be offensive, indecent, or objectionable. While HeyCosmo has established rules to ensure that children under the age of thirteen (13) may not become a member, sometimes children may lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their child’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their child’s on-line activities such as computer hardware, software, and filtering services which can be used to block access to websites such as HeyCosmo.com.
Restrictions on Content and Activity:
You are solely responsible for all Content posted and telecommunications transactions and calls made by you and all Content posted and telecommunications transactions and calls made under your user name, account, or telephone number, including but not limited to photographs, audio, video, telephone calls, audible messaging and SMS text messaging, as well as interactions with other Members and non-members. You may use HeyCosmo for lawful purposes only. Without limiting the foregoing, you may not Post or transmit, whether publicly or privately, any material that:
  1. may constitute or contribute to a crime or tort or the causing of damages
  2. 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, or otherwise objectionable
  3. contains any information or content that is illegal
  4. contains any information or content that you do not have a right to make available under any law or under any contractual or fiduciary relationships
  5. exploits people in a sexual or violent manner
  6. contains nudity, violence, or offensive subject matter or contains a link to an adult website
  7. solicits personal information from anyone under 18
  8. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
  10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming,", "spamming", “telemarketing"or prank calling
  11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
  12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
  13. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
  14. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
  15. includes a photograph of another person that you have posted without that person's consent, or
  16. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
  17. employs misleading email addresses, telephone numbers, caller identifiers, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content posted or transmitted
  18. harasses, threatens, or abuses another person
  19. that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable or in poor taste
  20. violates any applicable law or regulation restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense
  21. gives rise to civil liability
  22. violates the Fair Housing Act or any state or local ordinance by posting any notice or ad for the sale or rental of any dwelling that includes a discriminatory preference based on race, color, national origin, religion, gender, familial status or handicap
  23. violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any posting for employment a preference or requirement based on race, color, religion, gender, national origin, age or disability, or any other status protected by applicable law
  24. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract
  25. advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, or
  26. otherwise violates any applicable local, state, national, or foreign law or regulation
You also may not use HeyCosmo to stalk or harass anyone, disrupt a third party's access and use of HeyCosmo or such person's telephone service, or use HeyCosmo in a way that may cause interruption of the HeyCosmo.com website or any other service whether or not provided by Company. Further, you agree not to Post and transmit irrelevant or inflammatory Content or repeatedly Post and transmit the same or similar content, telephone calls, and/or audible messaging.
Reporting Certain Abuse to Law Enforcement:
The HeyCosmo service is intended for use by a general audience including children as young as thirteen (13) years of age. Sexually explicit content is strictly prohibited. In addition, the traffic data and personal information of HeyCosmo Members who Post and transmit sexually explicit material may be reported to law enforcement authorities for the unlawful transmission of sexually explicit material to minors.
Company fully complies with the Congressional mandate of 42 U.S.C. ˇ×13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit content and other criminal offenses involving children under the age of 18. This includes, but is not limited to, the posting and displaying of sexually explicit material (including photos, videos, and live webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms of Service that may compromise the safety of our members but which do not fall within the Congressional mandate of 42 U.S.C. ˇ×13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
Your Communications and Messages on HeyCosmo:
The HeyCosmo Services include certain services that may be available via your mobile and landline telephone such as placing or receiving calls, placing and receiving audible text messages or interacting with HeyCosmo-related WAP pages to reply to calls, audible messages, and text messages (collectively, the "Mobile Services"). Regardless of whether we charge a fee for the Mobile Services, your mobile carrier's normal messaging, calling, data and other rates and fees will still apply. Accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and certain Mobile Services may not work with certain carriers, plans or devices. You should check with your carrier to find out if the Mobile Services are available for you, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, audible message, text message, telephone calls, or other electronic means to your mobile and landline telephone devices and that certain information about your usage of the Mobile Services may be communicated to us.
You understand and agree that HeyCosmo will make reasonable efforts to retain your messages according to HeyCosmo’s then-current retention policies. HeyCosmo does not guarantee that it will retain your messages and assumes no liability for deletion of your messages. If you have questions about HeyCosmo’s retention policies, please contact us via our Support site.
Anti-Spam Rule and Consent to Damages:
HeyCosmo will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to HeyCosmo (and our customer base) in numerous ways including, but not limited to, damaging the HeyCosmo brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. HeyCosmo retains sole discretion for calculating losses; because such losses and other damages are often difficult to quantify. If actual damages cannot be reasonably calculated by HeyCosmo, then you agree to pay HeyCosmo liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your HeyCosmo account; otherwise, you agree to pay HeyCosmo's actual damages, to the extent such actual damages can be reasonably calculated by HeyCosmo.
Rights to Content Posted to Public Areas:
If you use HeyCosmo to Post Content or other information to public areas, other people will have access to this information and Content. You may only Post to public areas, Content that you created or which the owner of the Content has given you permission to Post. By posting Content to public areas, you represent and warrant that you own the rights to such Content or are authorized to use and distribute such Content publicly. You further represent and warrant that such Content does not and will not infringe any third party's rights or violate any applicable law or regulation.
You or the owner of the Content shall retain ownership of all right, title and interest in Content that you Post to public areas. However, by submitting or posting Content to public areas, you grant Company, its affiliates, subsidiaries, assigns, agents, and licensees, an irrevocable, perpetual, royalty-free, worldwide right and license to reproduce, display, perform, distribute, adapt, promote, and create derivative works of such Content, in any medium. This includes, but is not limited to, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You will not be compensated for any Content which you Post to public areas.
Public areas of HeyCosmo are those areas that are generally available to other Members and users of HeyCosmo. Public areas do not include HeyCosmo services intended for private communications, such as HeyCosmo instant messenger service, or areas that are accessible via hypertext or other links to third party websites not part of the HeyCosmo network or service.
Name and Likeness:
By registering for and maintaining a HeyCosmo Account, you grant to Company, its affiliates, subsidiaries, assigns, agents, and licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide right and license to use and to permit others to use your professional name, likenesses, other identifications, and posted biographical material concerning you, solely in connection with the advertising and promotion of HeyCosmo and Company. You will not be compensated for the use of your name or likeness in accordance with the above.
Proprietary Rights in Content Created by Company:
Company owns and retains all proprietary or intellectual property rights in HeyCosmo. The compilation of all Content on HeyCosmo is the exclusive property of Company (or its partners or licensors). Except as otherwise provided in "Rights to Content Posted to Public Areas" above, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, active-x code, Java script code, and HTML code, presented to you on or through HeyCosmo by Company or its partners and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and applicable laws. You are only permitted to use this Content as expressly authorized by Company, its partner, or the advertiser. You may not copy, reproduce, distribute, or create derivative works of, such Content without the express written permission Company, its partner, or the advertiser.
Regulation Compliance:
User agrees to comply with all applicable laws, rules, and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations, along with any other similar laws that may be applicable to User’s use of the HeyCosmo Services. User agrees not to violate these, or any other applicable Federal or State laws, and represents and warrants that use of the HeyCosmo Services will not cause HeyCosmo or any Users to violate these or similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. ˇ×227, the Federal Communications Commission's implementing regulations, at 47 CFR ˇ×64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the HeyCosmo Services will not cause HeyCosmo or any Users to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any applicable laws (including state, federal, local, and all related rules and regulations) in the jurisdiction in which HeyCosmo Services will be used. User understands and agrees that HeyCosmo will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by any applicable laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney General's office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the HeyCosmo Services.
Modifications:
Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify HeyCosmo, and (c) discontinue HeyCosmo at any time. Company shall post any revision to this Agreement to the HeyCosmo.com website, and the revision shall be effective immediately upon such posting. You agree to review this Agreement and other online guidelines posted on the HeyCosmo website periodically, to be aware of any revisions. You agree that, by continuing to use or access HeyCosmo following any revision, that you shall abide by any such revision. Company shall not be liable for any damages or losses related to the modification, cancellation or termination of HeyCosmo and/or this Agreement.
Privacy Policy:
Use of HeyCosmo is also governed by our Privacy Policy.
DISCLAIMER OF WARRANTIES:
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY MAKES HEYCOSMO AVAILABLE "AS IS," "WITH ALL FAULTS," AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, HEYCOSMO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH HEYCOSMO IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. COMPANY DOES NOT WARRANT THAT HEYCOSMO WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF HEYCOSMO WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
LIMITED LIABILITY:
COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND OR NATURE (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE HEYCOSMO OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
INDEMNITY:
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, DAMAGES, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS?FEES, RESULTING FROM A CLAIM BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, OR MAKE AVAILABLE THROUGH HEYCOSMO, YOUR USE OF HEYCOSMO, YOUR VIOLATION OF THIS AGREEMENT, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Copyright Infringement:
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on HeyCosmo. Company has adopted a policy that provides for the immediate suspension and/or termination of any HeyCosmo user who is found to have infringed on the rights of Company, or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good faith belief that your rights have been violated and you ask us to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have 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; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated Agent for Notice of Claimed Infringement. Company’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
By mail to:
         Copyright Agent
         Arsenal Interactive, Inc.
         2672 Bayshore Parkway, Suite 524
         Mountain View, CA 94041
         Or by Email to: copyright@heycosmo.com
Affiliated Sites:
Company has no control over, and no liability for, any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with HeyCosmo. Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of HeyCosmo, you may have access to content owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.
Member Disputes:
You are solely responsible for any disputes between you and other Members. Company reserves the right, but has no obligation, to monitor or resolve disputes between Members.
Choice of Law and Forum:
HeyCosmo is controlled and operated by Company from its offices in the State of California. Company makes no representation that HeyCosmo is available or appropriate for use in other locations. Your use of or access to HeyCosmo should not be construed as Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If there is any dispute about or involving HeyCosmo and/or this Agreement, you irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California.
Other:
Inaction or failure by Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid, or inoperative provision had not been contained herein. Any cause of action arising out of or related to HeyCosmo and this Agreement must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred. This Agreement contains the entire understanding between you and Company with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of the parties' Agreement. The section headings in this Agreement are solely for convenience and have no legal or contractual significance.

© 2008 Arsenal Interactive, Inc. All rights reserved.




   
   
   
   



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