Cosmos Prepaid Balance Contract
Cosmos, a sophisticated and dynamic digital platform, is owned and operated by Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (“Leartes Studios”). The platform, accessible at cosmos.leartesstudios.com, serves as a comprehensive hub for the licensing and utilization of a wide array of digital assets. These assets encompass, but are not limited to, environments, 3D assets, visual effects (VFX), sounds, tools, and materials. Cosmos is dedicated to providing an innovative and user-friendly environment for both Members and Visitors, facilitating the seamless exploration, registration, licensing, and downloading of digital assets. Leartes Studios reserves the exclusive right to expand and reduce the categories of Assets available.
ARTICLE 1. PURPOSE AND SCOPE OF THE PREPAID BALANCE CONTRACTSubsection 1 . 01This Cosmos Prepaid Balance Contract (the “Contract”) is established between Leartes Studios and the Users of the Cosmos platform as defined in Article III, Section 3.01 of the Terms of Use. The Contract is designed to govern the specific terms and conditions related to the use of prepaid commodity, known as "Cosmos Credits," within the Cosmos platform.Subsection 1 . 02Purpose of this Contract is, to;
- Define the Usage of Cosmos Credits: Set forth the terms under which Cosmos Credits are to be acquired, managed, and utilized by the Users for transactions within the Cosmos platform.
- Ensure Clarity and Compliance: Provide a clear and comprehensive understanding of the operational framework of Cosmos Credits, ensuring adherence to the stipulated guidelines and compliance with applicable laws and regulations.
- Facilitate Secure Transactions: Establish a secure and trustworthy system for the transaction of Cosmos Credits, thereby safeguarding the interests of both Leartes Studios and the Users.
- Outline User Responsibilities: Clearly delineate the responsibilities and obligations of the Users in relation to the acquisition and utilization of Cosmos Credits.
ARTICLE 2. DEFINITIONSSubsection 2 . 01In the context of this Prepaid Balance Contract (the “Contract”) pertaining to the Cosmos platform operated by Leartes Studios, the following terms shall be defined as follows:
- Cosmos Credits: The designated virtual commodity used within the Cosmos platform. These are acquired with real currency and are utilized by Users to procure digital assets and services on the Cosmos platform. Cosmos Credits are non-refundable, non-exchangeable for cash or other real currencies, and are exclusively for transactions within the Cosmos platform.
- Digital Assets: All forms of digital assets available on the Cosmos platform, including but not limited to environments, 3D assets, visual effects (VFX), sounds, tools, and materials. The licensing of Digital Assets, except those belonging to third parties, is governed by the Digital Asset Licensing Agreement.
- Services: The array of functionalities, features, and services offered on the Cosmos platform, which includes browsing, licensing, and downloading Digital Assets, among other related services provided by Leartes Studios.
- Intellectual Property: This encompasses all creations of the mind that are available on the Cosmos platform, including Digital Assets, trademarks, copyrights, patents, trade secrets, domain names, and subdomains. All intellectual property rights, except for those belonging to third parties, are the property of Leartes Studios.
- Website: Refers to the online platform operated by Leartes Studios, accessible at cosmos.leartesstudios.com, where Users engage in activities such as browsing, purchasing licenses, and downloading Digital Assets.
- Terms of Use (“ToU”): Refers to the general terms and conditions applicable to all Users of the Cosmos platform. By accessing or using the Cosmos platform, Users agree to comply with and be bound by these Terms of Use, in addition to this Contract.
ARTICLE 3. USER ACCOUNT AND BALANCE MANAGEMENT AND USE OF COSMOS CREDITSSubsection 3 . 01 Topping Up Balance
- Users can top-up their Membership accounts with Cosmos Credits. Since Cosmos Credits top-up is only available to Members, Members will be able to access the top-up interface after logging in.
- Users are entitled to utilize various payment methods for the purpose of topping up their balance.
- Upon selection of the desired amount of Cosmos Credits, the User will be required to confirm the purchase. This confirmation signifies the User’s agreement to the transaction amount and the corresponding deduction of funds from their chosen payment method.
- Upon successful completion of the transaction, the User will receive a digital receipt detailing the amount of Cosmos Credits purchased, the equivalent value in real currency, the date of the transaction, and the transaction ID. This receipt serves as proof of purchase and should be retained by the User for their records.
- The User unequivocally acknowledges that once Cosmos Credits are credited to their account, these funds are irrevocable, non-refundable, and non-transferable.
- Without prejudice to the provisions set forth by Leartes Studios in this Agreement, in the event of transactions that may raise suspicion of fraud or money laundering, including, but not limited to, causing losses to Leartes Studios through, for example, unauthorised use of credit cards or cancellation of the transaction through the banking system, and material breach of this Agreement, Leartes Studios may cancel the Member's access to the platform and all assets, and may recourse to the Member who carried out such actions for any damages incurred.
- Users shall have continuous access to view their current Cosmos Credit balance, which shall be conspicuously displayed in the top right section of the Member interface on the Cosmos platform.
- Members shall have the right to access a comprehensive record of their transaction history, including detailed documentation of Cosmos Credit expenditures, through their personalized profile page on the platform.
- By confirming this Agreement, the Member hereby authorises the withdrawal of [______] US Dollars from his/her account by the authorised payment agent and the replenishment of his/her Cosmos account with [______] Cosmos Credits, and Leartes Studios undertakes to make such replenishment upon successful completion of the payment transaction.
- Cosmos Credits are to be utilized by Members for the procurement of services and licenses to digital assets available on the Cosmos platform.
- It is hereby stipulated that Cosmos Credits are strictly non-refundable and non-transferable. Under no circumstances shall Cosmos Credits be exchanged for cash or used as a medium of exchange for any other currency or commodity.
- Notwithstanding any provision to the contrary, it is expressly declared that Cosmos Credits credited to a Member’s account shall not be subject to any expiration date and shall remain available for use on the Cosmos platform indefinitely, subject to the continued existence and operation of the platform.
ARTICLE 4. PURCHASE OF SERVICES, DIGITAL ASSET LICENSES, AND USER RESPONSIBILITIESSubsection 4 . 01 Services Offered
- The Cosmos platform offers a variety of services available for purchase using Cosmos Credits. These services encompass a range of digital offerings designed to enhance the User's experience on the platform.
- A detailed description of the services available for purchase, including any limitations or conditions of use, shall be provided to the Member on the Cosmos platform.
- Members may utilize Cosmos Credits to acquire licenses for digital assets available on the Cosmos platform.
- The terms and conditions governing the licensing of digital assets shall be as per the separate Digital Asset Licensing Contract, which Members must accept at the time of each asset purchase.
- Users are required to adhere strictly to the terms of this Contract, the Terms of Use (ToU) of the Cosmos platform, and any other relevant policies or agreements. Failure to comply with these terms may result in suspension or termination of the User's account and access to the platform.
- In accordance with the ToU, Members are responsible for maintaining the confidentiality and security of their account information, including usernames and passwords. Users must take all necessary steps to prevent unauthorized access to their account and promptly notify Leartes Studios of any suspected security breaches or unauthorized use.
- Refunds or partial refunds for licenses of digital assets licensed using Cosmos Credits, whether topped up by the User or credited by Leartes Studios in accordance with the Subscription Agreement, are subject to the terms outlined in the Digital Asset Licensing Contract.
- In cases where a refund is possible in accordance with the Digital Asset Licensing Contract, the refunded amount can only be reflected in the User's Cosmos Credits balance if the transaction was carried out entirely using Cosmos Credits. In this case, no refund shall be made to another payment instrument and no cash refund shall be possible.
- Except as otherwise provided in this Contract, topped-up balances in the form of Cosmos Credits are generally non-refundable. Users acknowledge that once Cosmos Credits are credited to their account, these funds are intended for use within the Cosmos platform and are not subject to cash refunds or withdrawals.
- In accordance with the mandatory provision of Article 15 (ğ) of the "Regulation on Distance Contracts" published in the Official Gazette dated 27.11.2014 and numbered 29188, the Member irrevocably declares and undertakes that he/she understands that the right of withdrawal is NOT available if this Contract is subject to consumer purchases, and that he/she has been clearly informed in this regard within the scope of this provision and this Contract.
- In cases where a User mistakenly tops up an excessive amount of Cosmos Credits (e.g., £10,000 instead of £100) due to a bona fide error, and such mistake is promptly reported to Leartes Studios in accordance with good-faith principles, the excess amount may be refunded to the User’s original payment method. This exemption is subject to verification and confirmation of the mistake by Leartes Studios.
ARTICLE 5. TERMINATION AND SUSPENSIONSubsection 5 . 01 Conditions and Consequences for Termination or Suspension
- Member-Initiated Termination:
- Members may terminate their membership and request account deletion as per the procedure outlined in Section 11.01(a) of the Terms of Use (ToU).
- Upon initiation of account termination, Cosmos shall notify the Member of their remaining balance of Cosmos Credits. Members should be cognizant that any remaining balance shall be forfeited and is not subject to refund or compensation.
- The forfeiture of the Cosmos Credits balance upon Member-Initiated Termination is irrevocable.
- Company-Initiated Termination:
- In accordance with Section 11.01(c) of the ToU, Leartes Studios reserves the right to terminate a Member's account and revoke access to the platform in cases of Agreement breach.
- Such termination may result in the immediate suspension or cancellation of any ongoing services or transactions and restriction on access to the platform.
- In these instances, the User shall forfeit any remaining balance of Cosmos Credits, with no entitlement to repayment, refund, or compensation.
- End-of-Service Termination:
- Should Leartes Studios decide to terminate the Cosmos service, Members shall be informed about the termination process.
- In such cases, Leartes Studios may, at its discretion, propose a method for refunding the remaining balance of Cosmos Credits, subject to specific terms to be communicated at that time.
ARTICLE 6. MODIFICATION OF CONTRACTSubsection 6 . 01 Notice of Changes
- Leartes Studios commits to providing Members with advance notification of any amendments, modifications, or alterations to this Contract. Such notifications shall be delivered to Members via their registered email addresses at least ten (10) days prior to the implementation of the changes. Furthermore, an announcement regarding upcoming changes shall be prominently displayed on the Cosmos Website/Platform.
- In cases of substantial modifications, Leartes Studios shall extend the notice period to a minimum of thirty (30) days before the enactment of these changes. The notification process for these significant changes shall follow the standard procedure, encompassing both email communication and website announcements.
- In every transaction involving Cosmos Credits, Members shall be presented with the current version of the Contract along with a Pre-Contractual Information Form. This presentation shall occur regardless of whether there have been recent amendments to the terms of the Agreement.
- Members are required to review and accept the terms outlined in the Contract and the Pre-Contractual Information Form at each transaction point involving Cosmos Credits.
- Members who have topped up their balances with Cosmos Credits under the Subscription Agreement are advised to regularly review this Contract for any changes related to the terms governing Cosmos Credits. While the amount of Cosmos Credits provided for each Subscription is governed under the Subscription Agreement, the use and management of these Cosmos Credits are governed by this Contract.
- Continued use of the Cosmos Website/Platform following the effective date of changes communicated under Subsection 6.01, specifically in relation to Cosmos Credits obtained through the Subscription Agreement, shall constitute the Member's acceptance of the revised terms. This is due to the fact that, in these instances, Members may not be presented with this Contract or the Pre-Contractual Information Form for each transaction, but shall have agreed to the Subscription Agreement at the commencement of their subscription.
ARTICLE 7. DISPUTE RESOLUTION AND GOVERNING LAWSubsection 7 . 01 Dispute Resolution Mechanisms
- The parties shall engage in good faith efforts to amicably resolve any disputes, claims, questions, or disagreements arising from or related to this Contract or its breach, through consultation and negotiation, aiming for a just and equitable solution satisfactory to both parties.
- If no resolution is reached within 60 days from the initiation of the dispute, either party may elect to escalate the matter to formal legal proceedings.
- This Contract shall be governed and interpreted in accordance with the laws of Turkey, irrespective of its conflict of law principles.
- Legal actions or proceedings arising under this Contract shall be brought exclusively in the courts and enforcement offices of Istanbul (Çağlayan), Turkey, to which the parties irrevocably consent in terms of jurisdiction and venue.
- Notwithstanding the foregoing, consumer rights are expressly reserved under this Contract. For purchases made through the Cosmos platform by consumers residing in Turkey, the Provincial/District Consumer Arbitration Committees are authorized for disputes below 104,000 Turkish Liras (for the year 2024), and the Consumer Courts at the consumer's location are authorized for disputes exceeding this limit. For consumers residing in the European Union, the European Online Dispute Resolution Platform (ODR platform) is available for Consumer Disputes and can be accessed at http://ec.europa.eu/consumers/odr/
ARTICLE 8. MISCELLANEOUS PROVISIONSSubsection 8 . 01 Severance
- If any provision of this Contract is determined invalid, illegal or unenforceable by a competent judicial authority or agency, such provision shall, to the extent applicable, be deemed to be null and void. Such disregard shall have no effect on the validity and enforceability of the other provisions of this Contract, nor shall the Parties assert any objection or defence that they would not have become parties to the Contract had the relevant provision not existed at the time of its conclusion, nor shall they claim that the omitted provision should be annulled in respect of transactions prior to the date of such omission.
- If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- The failure of a Party to exercise any right or enforce or delay in enforcing any provision of this Contract shall not constitute a waiver of such right or provision unless agreed in writing by the Party not exercising such right or delaying in enforcing such provision.
- The Member may not assign this Contract or any rights or obligations hereunder without the prior written consent of the Leartes Studios. Leartes Studios may assign this Contract or any rights or obligations hereunder, provided that Leartes Studios ensures that any assignee agrees to fulfill the Leartes Studios’s obligations under this Contract, and the Leartes Studios notifies the Member of such assignment.
ARTICLE 9. ACCEPTANCE AND EFFECTIVENESS OF CONTRACTSubsection 9 . 01This Contract shall be continuously accessible to the Members on the Cosmos Website/Platform. Additionally, Leartes Studios agrees to provide a copy of this Agreement to the Membr via registered e-mail upon their request. It is the Subscriber's responsibility to ensure their e-mail address is current and accurate. Leartes Studios is committed to ensuring the Member’s ease of access to the terms of this Contract.Subsection 9 . 02 This Contract, which consists of only 9 (Nine) Articles, shall enter into force immediately upon being read by the Member and accepted electronically with all its terms and conditions and without any reservation.