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Terms and conditions

Effective Date: June 25, 2013

NEW YORK COSMOS LLC ("we", "our", "us", or "COSMOS") operates the website, http://nycosmos.com/ ("Site"). Because our Site contains original content and offers certain services to you, we want you to have a clear understanding of our rights and your obligations when using the Site. Your use of and access to the Site is therefore subject to these Terms and Conditions of Use (’Terms“), which, together with our Privacy Policy [hyperlink], constitute a binding agreement between you and COSMOS. If you do not agree with any part of these Terms, you may not use this Site.

Certain interactive features and content on the Site are accessible only to subscribers ("Members") and are subject to additional terms and conditions set out below. (References in these Terms to ’you“ and ’your“ shall include both Members and non-Member users of the Site).

Revisions to Terms

You are reading the most current version of the Terms, effective as of the date listed above. We may update or modify the Terms at any time by posting a new version here without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Site after any such update constitutes your acceptance of and agreement to such changes.

Your Account

In order to register with our Site, you must provide your first and last name, email address, and birth date. We ask for your birth date for the purposes of preventing children under the age of 13 from registering with us. By entering this information, you are granting us permission to use your information in connection with the Site. You are responsible for maintaining the accuracy of your account information.

You are fully responsible for all the activities that take place under your account, including the use of the Site by third parties, whether authorized or unauthorized. You agree to notify us when you discover that there has been an unauthorized use of your account. Further, you agree that you will not share your account password with any other person for any reason whatsoever.

If you wish to terminate your account, you may do so by [INSTRUCTIONS]. We may terminate your account and/or access to the Site at any time, with or without cause, with or without prior notice.

Plug-ins and other Software Certain features of this Site may require a plug-in or other software from third-parties. While you are not obligated to download such plug-ins or software, you may not be able to use certain features of the Site if you do not download such plugs-ins or software. COSMOS has no responsibility or liability for any third-party plug-ins or software and you are solely responsible for reviewing any license and other terms of use of such third party vendor before downloading and installing any such plug-ins or software

Intellectual Property and Ownership

All content included or available on this Site, including without limitation Site designs and layouts, text, graphics, icons, images, photographs, streaming or audio and video, interfaces, the selection, compilation and arrangements thereof, and underlying software and code in various formats (collectively "COSMOS Content"), is owned and controlled by COSMOS and its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions and other countries. NEW YORK COSMOS ®, COSMOS ®, the various COSMOS logos and nycosmos.comâ„¢ are proprietary trademarks and service marks of COSMOS or its affiliates, including Cosmos Soccer Club LLC. COSMOS trademarks and service marks may not be used in connection with any product or service that is not provided, approved or licensed by COSMOS, in any manner that is likely to cause confusion or dilute the distinctive quality of the COSMOS marks, or in any manner that disparages or discredits COSMOS.

Purchases Through the Site

COSMOS may offer products or services for sale through the Site, including through various vendors and licensees of COSMOS. All purchases are subject to availability. If any purchased product is not as described, your sole remedy is to return it in unused condition (subject to the terms of any manufacturer’s or vendor warranties).

COSMOS and its vendors reserve the right to modify the price of any product or service offered for sale through the Site. COSMOS is not responsible for any typographical or other errors in describing any products or services. Any offer to sell any such products or services may be discontinued at any time in the sole discretion of COSMOS or its vendors.

In order to purchase products or services through the Site, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, valid e-mail address, valid credit card information and shipping address. (The COSMOS Privacy Policy [hyperlink] explains how such information may be collected and used.) Your ability to make such purchases may be subject to your further agreement with the terms of purchase established by the applicable third-party vendor and is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your billing address. COSMOS and its vendors may change the pricing of any products they sells or services they offer through the Site at any time.

You may be able to buy certain products and services from third-party operated store-fronts available from within the Site (’Third Party Storefronts“). Even though Third Party Storefronts may have the look and feel of the Site, please be aware that such Third Party Storefronts may be governed by additional terms of use agreements and privacy policies. You should read the terms of use agreements and privacy policies applicable to such Third Party Storefronts.

License and Site Access

COSMOS grants you a limited license to access and make personal use of this Site. You may download and print pages and information from this Site only for your personal, non-commercial, use and reference. You may not modify, distribute, perform, display or create any derivative works from any COSMOS Content or further copy any Cosmos Content without the express written consent of COSMOS. This license prohibits any commercial use of this Site or its COSMOS Content or any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any COSMOS Content on the Site without the express written consent of COSMOS. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of COSMOS or any COSMOS affiliates without the express written consent of COSMOS. Any unauthorized use of this Site terminates the license granted by COSMOS.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site as long as the link does not portray COSMOS, its affiliates, or their vendors’ products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any COSMOS logo or other graphic or design Cosmos Content as part of the link without express written permission from COSMOS. You may download and print out pages and information from this Site only for your personal, non-commercial use, provided you retain all copyright, trademark and other proprietary notices. You may not use, modify, reproduce, distribute, republish, upload, create derivative works from, data mine, post or transmit in any way any COSMOS Content except as expressly permitted by these Terms or otherwise with the prior written permission of an authorized officer of COSMOS.

Usage Rights and Prohibited Activities

You are solely responsible for your actions when using the Site, whether or not you have created an account with us. You may also be held responsible for encouraging or trying to have someone else do what you are prohibiting from doing.
You understand and hereby agree that you may and will not:

· Violate any intellectual property or other proprietary rights of COSMOS, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity;

· Copy, distribute, transmit, share, download, upload, sell, or transfer COMOS Content in any way without COSMOS’s prior written permission or authorization;

· Submit, post or share with other users material that is libelous, defamatory, obscene, vulgar, threatening, abusive, indecent, racist, sexist, pornographic, hateful, or is otherwise objectionable in COSMOS’ sole discretion;
· Engage in any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international laws or regulations;

· Use a virus, Trojan horse, worm, time bomb, spyware, bot, program, code, file or any other material designed to interrupt, disrupt, alter, destroy, or limit the Site or Content;

· Transmit, store or otherwise make available the private information or a third party or a third party’ trade secrets or other material that contains any information, software or other material of a commercial or proprietary nature;

· Use the Site to make unsolicited offers, requests, advertisements, proposals, or send spam of any kind to other users;

· Exploit, harm, personally attack or impersonate players, management or employees of soccer teams or leagues, or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; \

· Impersonate or pretend to be someone else, or allow someone to impersonate or pretend to be you;

· Use a false registration or billing information or otherwise mislead as to the origin of a credit card or other content. 

If you believe your rights are being violated or infringed upon or someone is not complying with the Terms or the Privacy Policy, please notify us immediately at support@nycosmos.com. If you violate any term or condition in these Terms, we reserve the right to terminate your access to the Site.

Third-Party Sites
 
You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein.

Disclaimer of Warranties

THE SITE IS PROVIDED TO YOU ON AN ’AS IS“ AND ’AS AVAILABLE“ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSMOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COSMOS NOR ANY OF ITS VENDORS, INCLUDING THOSE OFFERING SERVICES THROUGH THE SITE OR THIRD PARTY STORE FRONTS, SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COSMOS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER BASED IN TORT, CONTRACT OR OTHERWISE), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY LINKS EMBEDDED WITHIN THE SITE; (ii) ANY TRANSACTION OR USE OF ANY PRODUCT OR SERVICE FROM THIS SITE OR FROM ANY VENDOR; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS, POSTINGS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless COSMOS, its parents, subsidiaries, affiliates, officers and employees, from any claim or demand, and all resulting or incurred liabilities, damages, costs and expenses (including reasonable attorneys’ fees), made by any third party concerning, arising out of or relating to your use of the Site, your violation of these Terms, or any direct or contributory infringement or violation by you of third party intellectual property, publicity, privacy or other rights. We reserve the right to assume all or any part of the defense and control of any such claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.

Governing Law and Jurisdiction

You acknowledge and agree that you use and access the Site voluntarily. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable to your use of the Site.

These Terms will be construed and enforced under the laws of the state of New York. You agree that the state and federal courts in the state and county of New York shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to plead, claim or allege that the state of New York is an inconvenient forum.

You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association ("AAA"). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. You waive any right to a trial by jury.

Special Notice for California Residents

Under California Civil Code Section 1789.3, California users of the Site are entitled to receive contact information in order to resolve a complaint regarding any services offered through the Site or to receive further information regarding use of any such service. Please submit any such complaints or questions to the following:New York Cosmos LLC

750 Third Ave,  Suite 2601  

New York, NY 10017

Attention: Kevin Kletz

Email: support@nycosmos.com

Currently there are no charges to the consumer for use of the Site, except for the cost of any products or services purchased on or through the Site and any applicable taxes, shipping fees and other charges associated with such purchases.

You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Other Terms

If any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that these Terms and any other agreements referenced herein may be assigned by COSMOS, in its sole discretion, to a third party in the event of a merger, acquisition or sale by COSMOS or its affiliates of all or a portion of its assets relating to the business involving the Site.

These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between you and COSMOS. Our failure to enforce any provisions of these Terms or to respond to an alleged breach by you or other parties shall not in any way waive COSMOS’ right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

Questions and Reporting Violations

If you have any questions or to report any violations of these Terms, please send us an email at: support@nycosmos.com.
Copyright © 2013 New York Cosmos LLC. All rights reserved worldwide.