◆ CosmoCast ← Back to Home

Terms of Service

Last Updated: August 10, 2024

Table of Contents

  1. 1. Introduction
  2. 2. Acceptance of Terms
  3. 3. Eligibility to Use the Services
  4. 4. Account Registration and Security
  5. 5. Description of Services
  6. 6. User Conduct and Responsibilities
  7. 7. Intellectual Property Rights
  8. 8. User-Generated Content
  9. 9. Third-Party Links and Services
  10. 10. Disclaimer of Warranties
  11. 11. Limitation of Liability
  12. 12. Indemnification
  13. 13. Termination of Access
  14. 14. Governing Law and Dispute Resolution
  15. 15. Changes to These Terms
  16. 16. Contact Information

1. Introduction

Welcome to the Terms of Service of CosmoCast, a computer systems design and related services company operated by Jiujiang Yuboyi Trading Co., Ltd. These terms constitute a legally binding agreement between you, the user, and Jiujiang Yuboyi Trading Co., Ltd., a company registered in China (CN) with its registered office at Room 113-11, Building 1, Phase I, Songjia Pailou Residential Area, Songjia Pai Community, Wuli Subdistrict, Lianxi District, Jiujiang - 332000, China (CN).

By accessing our website located at https://www.cosmocast.buzz, using any of our services, or engaging with our content in any manner, you agree to be bound by these Terms of Service. Throughout this document, references to CosmoCast, we, us, or our refer to Jiujiang Yuboyi Trading Co., Ltd., and references to you or your refer to the individual or entity accessing or using our website and services.

These Terms of Service govern your access to and use of the CosmoCast website, all associated subdomains, any related mobile applications, and all computer systems design, consulting, and related professional services offered through these platforms. Please read these terms carefully before using our website or services. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

Our industry focus includes Computer Systems Design and Related Services, Professional, Scientific, and Technical Services, and Computer Integrated Systems Design. These terms reflect the professional and technical nature of our business and the expectations we have for all users of our platforms.

2. Acceptance of Terms

Your access to and use of the CosmoCast website and services is conditioned upon your acceptance of and compliance with these Terms of Service. These terms apply to all visitors, users, clients, and others who access or use our website or services.

By accessing or using our website or services, you represent and warrant that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you are using our website or services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and in such case, references to you in these terms will refer to that organization.

Your acceptance of these terms creates a binding legal agreement. You acknowledge that these terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby confirm. This consideration includes, but is not limited to, your ability to visit, use, and interact with our website and to engage our professional technology services.

We reserve the right to refuse service, terminate accounts, or restrict access to our website and services at our sole discretion for any reason, including but not limited to a violation of these Terms of Service. Any such action will be without prejudice to any other rights and remedies available to us at law or in equity.

3. Eligibility to Use the Services

Use of our website and services is subject to certain eligibility requirements designed to ensure that all users are capable of entering into and complying with these legally binding terms. By using our website or services, you represent and warrant that you meet all of the eligibility criteria set forth in this section.

Age Requirement

You must be at least 18 years of age to use our website and services. By accessing our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. Our website and services are not directed to, nor intended for use by, individuals under the age of 18.

Legal Capacity

You must possess the legal authority to enter into this agreement and to perform the obligations set forth herein. If you are using our services on behalf of a corporation, partnership, limited liability company, or other legal entity, you represent that you are duly authorized to bind that entity to these terms.

Compliance with Law

You represent that your use of our website and services will comply with all applicable laws, regulations, and ordinances in the jurisdiction from which you access our services, as well as any other jurisdiction whose laws apply to your activities. You agree not to use our website or services for any purpose that is unlawful or prohibited by these terms.

International Users

Our website and services are hosted and operated primarily from China (CN). If you access our website or services from outside China, you do so on your own initiative and are solely responsible for complying with all applicable local laws and regulations in your jurisdiction.

4. Account Registration and Security

Certain features of our website and services may require you to register for an account or provide personal information. This section outlines your responsibilities regarding account creation, maintenance, and security.

Account Creation

When you create an account or provide information through our website, you agree to provide accurate, current, and complete information as prompted by any registration forms. You further agree to promptly update any information that becomes outdated or inaccurate to ensure that all information associated with your account remains true and complete.

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

Account Use Restrictions

You may not access or use the account belonging to another user without their express permission and our authorization. You may not create an account using a false identity or on behalf of another person without their consent. We reserve the right to suspend or terminate accounts that we determine, in our sole discretion, to be in violation of these provisions.

Verification

We may, at our discretion, require you to verify your identity or the information you provide during the registration process. This verification may include, but is not limited to, email confirmation, telephone verification, or the submission of additional documentation. Failure to complete verification when requested may result in account suspension or termination.

5. Description of Services

CosmoCast provides professional computer systems design and related services within the Professional, Scientific, and Technical Services sector. This section describes the nature and scope of the services we offer and the terms under which they are provided.

Core Services

Our core service offerings include computer systems integration, cloud architecture design, network infrastructure planning, cybersecurity architecture development, data systems engineering, technical consulting, and related professional technology services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written agreement or statement of work between CosmoCast and the client.

Website Content

The content available on our website, including text, graphics, images, technical descriptions, case studies, and other materials, is provided for informational purposes only. While we strive to ensure accuracy, we make no representations or warranties regarding the completeness, reliability, or currency of any website content. Website content does not constitute professional advice, and you should not rely solely on website information when making technology decisions.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services, including specific features, content, or functionality, at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of any service, except as may be expressly provided in a separate written agreement between you and CosmoCast.

Third-Party Service Integration

Our services may involve the recommendation, configuration, or integration of third-party software, hardware, or platforms. We make no representations or warranties regarding the performance, reliability, or suitability of any third-party product or service, and we expressly disclaim any liability arising from your use of such third-party offerings.

6. User Conduct and Responsibilities

All users of our website and services are expected to conduct themselves in a professional and lawful manner. This section defines the standards of conduct to which all users must adhere and the consequences of failing to meet these standards.

Prohibited Activities

You agree that you will not use our website or services to engage in any of the following prohibited activities: uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of the privacy of another, hateful, or racially or ethnically objectionable; impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity; engaging in any activity that interferes with or disrupts our website, servers, or networks; attempting to gain unauthorized access to any portion of our website, the server on which our website is stored, or any server, computer, or database connected to our website; or using any automated means, including robots, spiders, scrapers, or data mining tools, to access, collect, or harvest information from our website without our express prior written consent.

Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations in your use of our website and services. This includes, without limitation, laws governing data protection, privacy, intellectual property, export control, and electronic communications.

Reporting Violations

If you become aware of any violation of these Terms of Service by any person or entity, you agree to promptly notify us using the contact information provided in Section 16. We will investigate all reports and take such action as we determine to be appropriate in the circumstances.

Consequences of Violation

Any violation of these Terms of Service may result in immediate termination of your access to our website and services, without prior notice and without liability to you. We reserve the right to take any legal or technical action we deem necessary to enforce these terms and to protect the integrity, security, and availability of our website and services.

7. Intellectual Property Rights

Our website and services contain proprietary content and materials that are protected by intellectual property laws. This section explains the ownership and use rights associated with our intellectual property.

Our Intellectual Property

All content, materials, design elements, graphics, logos, icons, text, code, software, and other components of the CosmoCast website and services are the exclusive property of Jiujiang Yuboyi Trading Co., Ltd. or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. The compilation and arrangement of all content on our website is the exclusive property of CosmoCast and is protected by applicable copyright laws.

Limited License

CosmoCast grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for your personal or internal business purposes, subject to your compliance with these Terms of Service. This license does not include any right to copy, modify, reproduce, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any information, content, or materials obtained from our website or services, except as expressly permitted by applicable law or with our prior written consent.

Trademarks

The CosmoCast name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Jiujiang Yuboyi Trading Co., Ltd. or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.

Client Deliverables

Upon full payment for services rendered, CosmoCast will assign to the client ownership of the specific deliverables created for that client under a written statement of work, unless otherwise agreed in writing. CosmoCast retains ownership of all pre-existing materials, tools, methodologies, frameworks, and general knowledge used in the creation of client deliverables.

8. User-Generated Content

Our website may allow you to submit, upload, or transmit content, including but not limited to messages, comments, feedback, project specifications, and other materials. This section governs the rights and obligations associated with user-generated content.

Content Ownership

You retain ownership of any content you submit, upload, or transmit through our website or services. However, by submitting content, you grant CosmoCast a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and improving our services.

Content Warranties

By submitting content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit; that the content does not infringe upon or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party; and that the content complies with all applicable laws and these Terms of Service.

Content Monitoring

We do not undertake any obligation to review, monitor, or moderate user-generated content. However, we reserve the right, but not the obligation, to review, screen, refuse, or remove any content in our sole discretion, without prior notice. We may also report content to law enforcement authorities if we determine in our sole discretion that it is appropriate to do so.

Feedback

Any feedback, suggestions, ideas, or recommendations you provide regarding our website or services may be used by CosmoCast without any obligation to compensate you. By submitting feedback, you assign to CosmoCast all rights, title, and interest in and to such feedback, including any intellectual property rights arising from it.

9. Third-Party Links and Services

Our website and services may contain links to third-party websites, applications, services, or resources that are not owned or controlled by CosmoCast. This section describes the limitations of our responsibility regarding such third-party offerings.

No Endorsement

The inclusion of any third-party link or reference on our website does not constitute or imply an endorsement, sponsorship, or recommendation by CosmoCast of that third party or its products, services, or content. We provide such links solely as a convenience, and you access them at your own risk.

No Responsibility

We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. By using our website, you expressly release CosmoCast from any and all liability arising from your use of any third-party website, service, or resource accessed through links on our website.

Third-Party Transactions

Any transactions, interactions, or dealings you have with third parties found on or through our website are solely between you and the third party. CosmoCast is not a party to and will not be responsible for any aspect of such transactions, including but not limited to payment, delivery, quality, warranties, or dispute resolution.

Integration Considerations

As a provider of computer systems design services, we may recommend or integrate third-party solutions into your technology environment. While we apply professional judgment in making such recommendations, the ultimate decision to adopt any third-party product or service rests with you, and you bear all risks associated with that decision.

10. Disclaimer of Warranties

Your use of our website and services is at your sole risk. This section sets forth the disclaimers of warranties that apply to our website and services to the fullest extent permitted by applicable law.

As-Is Basis

Our website and all services, content, materials, information, and products made available through our website are provided on an as-is and as-available basis, without any representations or warranties of any kind, either express or implied. CosmoCast and Jiujiang Yuboyi Trading Co., Ltd. expressly disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing, usage, or trade practice.

No Guarantee of Availability

We do not warrant that our website or services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. We make no warranty that any defects or errors will be corrected, or that the results obtained from the use of our website or services will be accurate or reliable.

No Professional Advice Warranty

Content provided on our website is for informational and marketing purposes only and does not constitute professional advice. You should not act or refrain from acting on the basis of any content included on our website without seeking appropriate professional advice tailored to your specific circumstances.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, some of the above limitations may not apply to you, and our liability will be limited to the maximum extent permitted by applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, CosmoCast and Jiujiang Yuboyi Trading Co., Ltd. will not be liable for any damages arising from or related to your use of, or inability to use, our website or services. This section defines the scope and extent of our liability limitations.

Exclusion of Damages

In no event will CosmoCast, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, or subcontractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind including, without limitation, damages for loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, personal injury, emotional distress, or any other intangible losses, regardless of the legal theory under which such damages are sought, including but not limited to contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of or inability to use our website or services, any third-party content or services accessed through our website, or any unauthorized access, use, or alteration of your transmissions or content.

Monetary Cap on Liability

To the fullest extent permitted by law, the aggregate liability of CosmoCast and Jiujiang Yuboyi Trading Co., Ltd. for any claims arising out of or relating to these Terms of Service or your use of our website or services will not exceed the greater of one hundred United States dollars (USD $100.00) or the total amount you have paid to CosmoCast for services in the twelve months immediately preceding the event giving rise to the claim.

Basis of the Bargain

You acknowledge and agree that the disclaimers of warranties and limitations of liability set forth in these Terms of Service are fundamental elements of the basis of the bargain between you and CosmoCast, and that our services would not be provided without such limitations. The limitations of liability in this section apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

Time Limitation for Claims

You agree that any claim or cause of action arising out of or related to these Terms of Service or your use of our website or services must be filed within one (1) year after the claim or cause of action arose, or such claim or cause of action will be permanently barred.

12. Indemnification

You agree to defend, indemnify, and hold harmless CosmoCast, Jiujiang Yuboyi Trading Co., Ltd., and their respective officers, directors, employees, agents, contractors, licensors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses arising from your use of our website or services.

Scope of Indemnification

This indemnification obligation covers all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal and accounting fees) arising out of or relating to: your breach of these Terms of Service; your violation of any applicable law, rule, or regulation; your infringement or misappropriation of any third-party intellectual property right; your use of our website or services in any manner not expressly authorized by these terms; or any content you submit, upload, or transmit through our website or services.

Defense and Control

CosmoCast reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you agree to cooperate fully with CosmoCast in asserting any available defenses. You will not settle any such claim without our prior written consent, which consent will not be unreasonably withheld.

Survival

Your indemnification obligations under this section will survive the termination of these Terms of Service and your cessation of use of our website and services. These obligations remain in full force and effect regardless of the reason for termination.

13. Termination of Access

These Terms of Service will remain in full force and effect while you use our website or services. This section describes the circumstances under which your access may be terminated and the consequences of termination.

Termination by You

You may terminate these Terms of Service at any time by ceasing all use of our website and services and, if applicable, closing any account you have created. Termination by you does not relieve you of any obligations accrued prior to the effective date of termination, including any payment obligations for services rendered.

Termination by Us

We may terminate or suspend your access to our website and services, with or without cause, at any time and without prior notice. Grounds for termination include, but are not limited to: breach of any provision of these Terms of Service; conduct that we determine, in our sole discretion, to be harmful to our interests, to other users, or to any third party; a request by law enforcement or other government agency; or the discontinuance or material modification of our website or services.

Effects of Termination

Upon termination, your right to access and use our website and services will immediately cease. We will have no obligation to maintain or provide any data associated with your account and may delete all such data, unless we are required by law to retain it. Provisions of these Terms of Service that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and governing law provisions.

Post-Termination Rights

Termination of these terms does not release you from any obligation to pay fees or costs that accrued prior to termination. All remedies available to CosmoCast at law or in equity are cumulative and may be exercised concurrently or separately.

14. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of China (CN), without regard to its conflict of law principles. This section describes the legal framework that governs disputes arising from your use of our website and services.

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of China (CN). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms or any transactions conducted through our website or services.

Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting CosmoCast through the channels listed in Section 16. We will similarly attempt to resolve any dispute with you informally. You agree to participate in good faith in such informal resolution efforts for a period of at least sixty (60) days before initiating any formal proceedings.

Arbitration

Any dispute that cannot be resolved through informal means will be resolved by binding arbitration. The arbitration will be conducted in accordance with the rules of a recognized arbitration institution selected by CosmoCast. The arbitration proceedings will be conducted in English, and the decision of the arbitrator will be final and binding. Judgment on the arbitral award may be entered in any court having jurisdiction over the matter.

Waiver of Class Action

You agree that any dispute resolution proceedings, whether through arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against CosmoCast or Jiujiang Yuboyi Trading Co., Ltd.

Exceptions to Arbitration

Notwithstanding the arbitration requirement, CosmoCast may seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent imminent harm. You agree to submit to the personal jurisdiction of the courts located in Jiujiang, China for any such equitable actions.

15. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms of Service at any time in our sole discretion. This section explains how changes to these terms will be communicated and what effect they will have on your ongoing use of our website and services.

Notification of Changes

When we make changes to these Terms of Service, we will update the Last Updated date at the top of this page and post the revised terms on our website. For material changes, we may also provide additional notice through our website, by email, or through other reasonable means of communication.

Effective Date of Changes

Changes to these Terms of Service become effective immediately upon posting unless we specify a later effective date. Your continued use of our website or services after the effective date of any revised terms constitutes your acceptance of and agreement to be bound by the modified terms.

Duty to Review

It is your responsibility to review these Terms of Service periodically for changes. You should revisit this page regularly to ensure that you remain informed of the current terms governing your use of our website and services. Your failure to stay informed of changes will not affect the applicability of the revised terms to your continued use.

Historical Versions

We maintain records of prior versions of these Terms of Service. Upon written request, we can provide you with a copy of a previous version of these terms that was in effect at a specific date. However, you acknowledge that only the most current version posted on our website governs your relationship with CosmoCast.

16. Contact Information

For any questions, concerns, complaints, or claims regarding these Terms of Service or your use of our website and services, please contact us using the information provided below. We are committed to addressing all inquiries in a timely and thorough manner.

Company Name: Jiujiang Yuboyi Trading Co., Ltd.

Operating Name: CosmoCast

Registered Address: Room 113-11, Building 1, Phase I, Songjia Pailou Residential Area, Songjia Pai Community, Wuli Subdistrict, Lianxi District, Jiujiang - 332000, China (CN)

Email: feedback@cosmocast.buzz

Phone: +1 (925) 631-3790

Website: https://www.cosmocast.buzz

When contacting us regarding legal matters, please include your full name, contact information, and a detailed description of your inquiry. This will enable us to process your communication efficiently and direct it to the appropriate department. We endeavor to respond to all legitimate inquiries within a reasonable timeframe, typically within fifteen (15) business days of receipt.

If you are contacting us about a potential violation of these Terms of Service, please provide as much specific detail as possible, including the nature of the violation, the date and time it occurred, and any supporting evidence you may have. We take all reports of violations seriously and will investigate each report thoroughly.

↑

© 2024 CosmoCast / Jiujiang Yuboyi Trading Co., Ltd. · Back to Homepage