Cosmos Terms of Use
This document shall be referred to as the "Cosmos Terms of Use" (hereinafter referred to as the “Agreement”)
I. PartiesI.1. Parties of the AgreementThis Agreement is a legal and binding contract between:
(a)Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi (hereinafter referred to as “Leartes Studios” or “We”), owner and operator of the Cosmos Website/Platform (hereinafter referred to as “Cosmos”) and,
(b)any individual or entity who accesses or uses the Cosmos (hereinafter collectively referred to as “Users”). This includes both registered members (hereinafter referred to as “Members”) and non-registered visitors (hereinafter referred to as “Visitors”).
II. Scope and Acceptance of AgreementII.1. Scope of the Agreement
(a)This Agreement sets forth the general terms and conditions applicable to all Users of the Cosmos Website/Platform. By accessing or using the Cosmos website, including browsing, registering for membership, or purchasing assets, Users agree to comply with and be bound by the terms of this Agreement.
II.2. Reference to Digital Asset Licensing Agreement(a)Specific terms related to the licensing and intellectual property rights of individual digital assets are governed by a separate "Digital Asset Licensing Agreement," which must be accepted by Users at the time of each asset purchase.
III. Definitions III.1. Definitions
(a)Asset: Any digital content, including but not limited to environments, 3D assets, visual effects (VFX), sounds, tools, and materials, currently available or made available in the future for license or purchase on the Cosmos Website/Platform.
(b)Digital Asset Licensing Agreement: A separate agreement that governs the specific licensing terms and intellectual property rights related to individual assets purchased by Users on the Cosmos Website/Platform.
(c)Intellectual Property: Refers to creations of the mind, such as assets, trademarks, copyrights, patents, and trade secrets, particularly as they relate to the digital content available on the Cosmos Website/Platform.
(d)User: Any individual or entity that accesses or uses the Cosmos Website/Platform, including both Members and Visitors.
(e)Member: An individual or entity that has registered for an account on the Cosmos Website/Platform and agreed to comply with the terms of this Agreement.
(f)Visitor: An individual or entity that accesses the Cosmos Website/Platform without registering for an account.
(g)
Website: The online platform operated by Leartes Studios, accessible at cosmos.leartesstudios.com, where Users can browse, register for membership, purchase licenses, and download assets.
IV. Membership EligibilityIV.1. Age and Legal Capacity Requirements
(a)Majority and Capacity: Only individuals who have attained the age of majority, as defined by the governing laws of their respective domicile, and who have not been previously suspended or removed from the Cosmos Website/Platform, are eligible to enter into this Agreement. By accepting these terms and registering for an account, the individual warrants that they have reached such legal age of majority and possess the legal capacity to form a binding contract under applicable law.
(b)Representation of Majority: Each Member hereby represents and warrants that they have the legal authority and capacity to enter and adhere to the terms of this Agreement. In jurisdictions where the age of majority is greater than eighteen (18) years, the Member affirms that they have attained that age.
(c)Legal Entities: In the case of a legal entity seeking membership, the entity must be duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation or formation. The individual executing this Agreement on behalf of the legal entity represents and warrants that they have the authority to bind the entity to the terms and conditions of this Agreement. The legal entity must ensure compliance with all applicable laws and regulations in its jurisdiction, including those pertaining to online commerce and digital asset licensing.
IV.2. Account Registration and Security(a)Creation and Maintenance of Account: Membership necessitates the establishment of an account on the Cosmos Website/Platform. The Member is obliged to furnish accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Cosmos reserves the right to suspend or terminate, without prior notice, any account that is suspected to contain inaccurate, outdated, or incomplete information.
(b)Confidentiality Obligation: Members are solely responsible for maintaining the confidentiality of their account credentials, including but not limited to the username and password associated with their account. Members agree to notify Cosmos immediately of any unauthorized use of their account or any other breach of security. Cosmos disclaims any liability for losses or damages arising from the Member's failure to comply with this provision.
(c)Prohibition of Unauthorized Use: Members are prohibited from authorizing third parties to use their account, and from selling, trading, or otherwise transferring their Cosmos account to another party. The Member acknowledges that they are responsible for all activities that occur under their account and agrees to indemnify Leartes Studios for any unauthorized, improper, or illegal use of their account.
(d)Security Measures: Members are encouraged to use robust security measures, including strong passwords, to protect their account. While Leartes Studios endeavors to protect Member accounts, the Member undertakes that they shall take precautions in securing their account against unauthorized access.
(e)Liability for Account Misuse: Members accept full responsibility for any and all activities conducted through their account. Leartes Studios, reserves the right to suspend or terminate a Member's account if it is used to engage in illegal or fraudulent activities, or in a manner that violates the terms of this Agreement.
V. Account Creation and ManagementV.1. Account Registration Process
(a)To become a Member of the Cosmos Website/Platform, an individual or entity must complete the account registration process. During registration, the Member is required to provide accurate, current, and complete information as requested by Cosmos.
(b)The Member acknowledges and agrees that any information provided during the registration process will be treated in accordance with the Privacy Policy of Cosmos, as outlined in Section 9.01
V.2. Account Security and Confidentiality(a)The Member is solely responsible for maintaining the confidentiality and security of their account credentials, including but not limited to the username and password associated with their account.
(b)The Member agrees to promptly notify Leartes Studios in writing of any unauthorized use of their account or any other breach of security.
(c)Leartes Studios shall not be liable for any losses or damages arising from the Member's failure to comply with their confidentiality and security obligations, including unauthorized access to their account.
V.3. Prohibition on Account Transfer(a)The Member acknowledges and agrees that they are prohibited from authorizing any third party to use their account on the Cosmos Website/Platform.
(b)The Member further acknowledges and agrees that they shall not sell, trade, or otherwise transfer their Cosmos account to any other individual or entity.
V.4. Obligation to Comply with Applicable Laws(a)Compliance with Laws: Users must adhere to all applicable local, national, and international laws and regulations in their use of the Cosmos. This includes laws related to intellectual property, digital asset licenses, e-commerce, privacy, and online conduct.
(b)Prohibition of Data Mining: Users are expressly prohibited from engaging in data mining, data harvesting, data extracting, or any other similar activity in relation to the Cosmos Website/Platform. This includes the use of automated systems or software to extract data from the website for commercial purposes ('screen scraping').
V.5. Prohibition of Fraudulent and Illegal Activities(a)Prohibition of Illegal and Unfair Activities: Members are strictly prohibited from engaging in fraudulent, illegal, or unauthorized activities, including unfair competition, on the Cosmos Website/Platform. This encompasses any actions that infringe upon the rights of others, violate intellectual property laws, or constitute unfair competition as defined under applicable laws.
(b)Indemnification: Members agree to indemnify and hold harmless Leartes Studios, its affiliates, officers, agents, and employees from any claim, demand, or damage arising from or related to their use of or conduct on the Cosmos, including but not limited to violations of intellectual property and third party claims.
VI. Fees and Payment TermsVI.1. Payment Infrastacture
(a) Leartes Studios has authorized third-party payment service providers to process payments on the Cosmos platform securely and efficiently. Payments are processed by the payment infrastructure provider, and financial data is not stored under the authority of Leartes Studios.
(b) The authorized third-party payment service providers do not hold the status of a bank or financial depository institution. These providers collaborate with licensed payment institutions for processing and transferring funds. These payment institutions are committed to complying with all applicable regulations, including Know-Your-Customer (KYC) and Anti-Money Laundering (AML) laws, and international payment security standards.
(c) The Member acknowledges that any additional fees, such as bank fees, transaction fees, or other similar charges related to the processing of payments, are beyond the control of Leartes Studios, and therefore, the Leartes Studios bears no responsibility for such additional costs. This includes any additional fees that may be levied by the Member’s bank or authorized payment institutions engaged by the payment service provider.
(d) All payments made on the Platform are accepted via credit card and other payment methods authorized by the third-party payment provider. The Member is responsible for ensuring that all payment information is correct and up to date at the time of payment. Leartes Studios does not accept wire transfer as a payment method.
(e) The Parties undertake to comply with all applicable regulations concerning electronic payment transactions. The third-party payment service provider guarantees compliance with the Payment Card Industry Data Security Standard (PCI DSS) and commits to implementing all necessary administrative and technical measures in this regard. The Leartes Studios commits to taking administrative and technical measures, as outlined in the privacy policy and data policy documents, to ensure the security of personal data or billing information processed and stored in relation to payment transactions.
VI.2. Membership Fees, Payment Methods and Product Purchase Tiers(a)
Subscription Tiers: Cosmos offers various subscription tiers: Free, Individual, Premium Individual, Studio, Premium Studio, Enterprise and Premium Enterprise. Each tier provides different levels of access and benefits:
- Free Subscription: Automatically assigned to all Members upon registration, offering limited access to assets without any Cosmos Credits allocation.
- Individual Subscription: Priced at $14.99 USD per month and $134.99 USD per year, provides access to all 3D Assets, Sound assets (sfx), visual effect assets (vfx), and material assets, with a technical support. For the avoidance of doubt, there is no entitlement to inclusive access to Environment assets and Tools.
- Premium Individual Subscription: Priced at $49.99 USD per month and $449.99 USD per year, includes access to all 3D assets, sound assets, visual effect assets, and material assets, with free monthly access to three environment assets or tools chosen by the Subscriber.
- Studio Subscription: Priced at $49.99 USD per month and $449.99 USD per year, includes all benefits of the Individual Subscription. For the avoidance of doubt, there is no entitlement to inclusive access to Environment assets and Tools.
- Premium Studio Subscription: Priced at $149.99 USD per month and $1349.99 USD per year, includes all benefits of the Premium Individual Subscription.
- Enterprise Subscription: Priced at $499.99 USD per month and $4499.99 USD per year, designed for large game development studios with annual revenues exceeding $2 million, includes all features of the Individual and Studio Subscription tiers. or the avoidance of doubt, there is no entitlement to inclusive access to Environment assets and Tools.
- Premium Enterprise Subscription: Priced at $1499.99 USD per month and $13499.99 USD per year, designed for large game development studios with annual revenues exceeding $2 million, includes all features of the Premium Individual and Premium Studio Subscription tiers.
(b) Notification and Compliance: Subscribers are mandated to inform Leartes Studios of any changes in team size or revenue that impact their compliance with the stipulated Subscription tier. Leartes Studios retains the right to audit Subscriber’s adherence to the Subscription tier requirements and enforce necessary adjustments. Should the Subscriber’s team surpass the requirements for their current subscription tier, it is imperative to promptly update the subscription tier to the appropriate level. Non-compliance may result in the suspension or termination of the subscription and associated services.
(c) Exemption Period: Adjustments or upgrades required due to changes in team size or revenue shall be implemented at the commencement of the next billing cycle. Subscribers are granted a grace period of thirty (30) days from the date of change to comply with the updated requirements.
(d) Legal Consequences of Non-Compliance: Failure to comply with the Subscription tier requirements, including the obligation to update the Subscription tier, may result in legal action, termination of the subscription, and forfeiture of any remaining subscription period without refund. Leartes Studios reserves the right to seek compensation for any damages incurred due to non-compliance.
(e) Payment Methods: Payments for Subscription Packages are processed on a monthly or annual basis by the payment infrastructure provider authorized by Leartes Studios. Financial data is not retained under the authority of Leartes Studios.
VI.3. Billing Procedures and Payment Authorization(a)Billing Cycle: Subscription Package fees are billed on a monthly or annual basis according to the Member’s preference. The Member agrees to authorize the payment infrastructure provider to collect the subscription fee for the Subscription Package from the Member’s chosen payment method on behalf of Leartes Studios.
(b)Cosmos Credits: Cosmos Credits serve as a virtual digital currency on the website. These credits are non-refundable and non-withdrawable and can be used for transactions on the website equivalent to their USD value.
(c)Subscription Purchase Agreement: Before purchasing any subscription package, Members must accept the “Subscription Agreement,” which governs the specific terms of the Subscriptions. For the avoidance of doubt, the “Subscription Agreement” shall prevail in the management of Subscription Packages and associated Services.
VI.4. Refund and Cancellation Policies(a)Right of Cancellation: Subscribers may exercise their right to cancel their subscription at any juncture. Upon effectuation of cancellation, the Subscriber shall retain access to the benefits conferred by the subscription for the residual duration of the current billing cycle. Post this period, the subscription shall cease to be renewed.
(b)Non-Refundability of Subscription Fees: All subscription fees on the Cosmos Website/Platform are non-refundable. This policy is in accordance with the nature of digital content transactions, as per applicable laws and regulations, where the right of withdrawal does not apply once the provision of digital content has commenced. The terms pertaining to the refund and cancellation of individual assets procured are subject to the governance of the "Digital Asset Licensing Agreement."
VI.5. Exceptions(a)Leartes Studios may define Subscription packages free of charge to the Members to be determined by Leartes Studios for campaigns, promotions, advertisement purposes, sweepstakes, corporate agreements and other reasons and at its sole discretion and disposal. However, unless a notification is made by Leartes Studios that the packages defined in this way will be renewed, the duration of such Subscriptions is 30 (thirty) days. At the end of the period defined free of charge, no payment is automatically received from the Subscriber, unless otherwise understood from the terms and conditions of the promotion, the subscription is terminated.
(b)
The Company may define a discount/discount voucher, promotional code, etc. in a certain amount and/or at a certain percentage, limited to the purchase of the Asset on Cosmos, to the Members to be determined by the Company at its sole discretion and at its own expense for campaigns, advertisements, promotions, sweepstakes, corporate agreements and other reasons.
- These cheques and/or codes do not have a cash equivalent.
- In case of cancellation/refund of the purchases made by using these cheques and/or codes, only the discounted price paid in cash by the Member can be refunded. In this case, the cheque and/or promotional code may not be re-issued to the Member. The discretion in this regard belongs exclusively to the Company.
(c) If your team exceeds requirements for license tiers after your purchases, you do not have to upgrade your product licenses or pay extra fee. But this does not apply for subscription. If your team exceeds license requirements, you should update your subscription tier.
VII. Usage Rights and RestrictionsVII.1. Access to and Use of Assets
(a)Access: Members are allowed to access and to buy license to use a diverse range of digital assets on the Cosmos Website/Platform, including but not limited to environments, 3D assets, visual effects, sounds, tools, and materials. The level of access is determined by the Member's subscription tier.
(b)Usage: Assets licensed from the Cosmos Website/Platform are primarily intended for integration into game development projects and other digital media creations. Members are authorized to use these Assets in accordance with the terms set forth in this Agreement and any applicable Digital Asset Licensing Agreement that is conducted in between them and Leartes Studios.
VII.2. License Tiers(a) Individual License: The Individual License is designated for individuals operating independently or as sole proprietors with annual revenues not exceeding $100,000 USD. This license grants permission for use in both commercial and non-commercial projects.
(b) Studio License: The Studio License is intended for studios or independent developers with annual revenues of up to $2 million USD or those employing between 1 to 11 personnel. This license caters to the requirements of small to medium-sized studios, providing extended access for team usage and authorizes use in both commercial and non-commercial projects.
(c) Enterprise License: The Enterprise License is applicable for studios with annual revenues exceeding $2 million USD or those employing 12 or more personnel. It is dedicated to ensure comprehensive coverage for commercial use in large-scale projects and allows use in both commercial and non-commercial projects.
(d) In the event that the Members’ team exceeds the specified requirements for their current product license tier after the acquisition, there shall be no obligation to upgrade the product licenses or incur additional fees. This exemption, however, does not extend to Subscription tiers.
VII.3. Permitted and Prohibited Uses(a)Permitted Uses: Members are allowed to use, modify, and integrate the licensed Assets into their game projects and digital media. This includes the right to adapt and create derivative works from the purchased Assets. Members are also permitted to distribute games or projects that incorporate the Assets, whether in their original or modified form.
(b)
VII.4. Redistribution and Resale RestrictionsProhibited Uses: Members are strictly prohibited from:
- Distributing or reselling or sub-licensing the Assets themselves, either in their original form or as modified versions, in a manner that allows them to be used independently or collaboratively by third parties.
- Engaging in activities such as reverse engineering, extracting the base files, decompiling, or recompiling the Assets.
- Selling any part or the entirety of an Asset as a standalone product or in a way that competes with the Cosmos Website/Platform.
- Using the Assets in any illegal, defamatory, discriminatory, or harmful context.
(a)Redistribution: Redistribution of Assets, either for free or for a fee to third parties, is expressly forbidden. Members are not authorized to redistribute or make the Assets available to third parties in a manner that allows for the extraction and independent use of the Assets outside of the Member's final product.
(b)Resale: The direct resale of individual Assets, in their original or modified state, is strictly prohibited. However, Members are permitted to sell final products that incorporate the Assets (e.g., completed games or digital media projects), provided that the Assets are not the primary value of the product and are integral to the project's functionality or experience.
(c)Enterprise Use: Members with an Enterprise subscription must adhere to specific terms regarding the use of Assets in large-scale projects or educational settings, as outlined in their Enterprise subscription agreement.
VII.5. Commercial Nature of Transactions(a)Purpose of Transactions: All transactions conducted on the Cosmos, including the sale and licensing of digital assets, are primarily intended for commercial purposes. The assets available on the platform are created and curated with a focus on commercial use, catering predominantly to business entities and professional users.
(b)Consumer Purchases: While the primary focus of Cosmos is on commercial sales, in instances where a consumer (as defined by applicable consumer protection laws) makes a purchase, Cosmos acknowledges and respects the consumer rights applicable in the consumer`s domicile region. However, it is important to note that the right of cancellation or withdrawal is not applicable to these transactions, in line with Article 16-m of Directive 2011/83/EU of the European Parliament and of the Council and Article 15-ğ of the "Mesafeli Sözleşmeler Yönetmeliği" of Turkey. These provisions exempt digital content not supplied on a tangible medium when the performance has begun with the consumer`s prior express consent and acknowledgment of the loss of withdrawal rights.
VIII. Intellectual Property RightsVIII.1. Ownership of Assets
(a)Retention of Ownership: Leartes Studios Tasarım ve Yazılım Hizmetleri Ticaret Anonim Şirketi, or its licensors, retain full ownership of all digital assets ("Assets") available on the Cosmos Website/Platform. This includes, but is not limited to, environments, 3D assets, visual effects, sounds, tools, and materials. Members acknowledge that no ownership rights of the Assets are transferred to them under this Agreement.
VIII.2. Grant of License(a)Scope of License: Members understand and accept that this Agreement does not, in itself, grant any license to use the Assets. Licenses to use specific Assets are governed exclusively by the Digital Asset Licensing Agreement, which Members must agree to separately for each Asset they wish to license.
(b)Non-Exclusive Nature of License: Any license granted under the Digital Asset Licensing Agreement is non-exclusive and non-transferable. Members agree that such licenses are for use only and do not confer any ownership rights in the Assets.
(c)Conditions and Restrictions: The license is subject to compliance with the terms and conditions outlined in the Digital Asset Licensing Agreement. This includes, but is not limited to, restrictions on the redistribution, resale, modification, or creation of derivative works from the licensed assets, except as expressly permitted in the agreement.
(d)Revocation of License: Leartes Studios reserves the right to revoke the license at any time if the Member fails to comply with the terms and conditions of the Digital Asset Licensing Agreement. In such cases, Leartes Studios will provide the Member with a written notice of revocation detailing the reasons for the revocation and providing a reasonable period for the Member to rectify the breach, where applicable. Upon revocation, the Member must immediately cease all use of the licensed assets and delete or return all copies of the assets in their possession.
VIII.3. User-Generated Content and Derivative Works(a)Creation and Use: Members may create or modify content based on licensed Assets ("User-Generated Content"). However, they acknowledge that the intellectual property rights of the original Assets remain with Leartes Studios or its licensors.
(b)Derivative Works: While Members are permitted to create derivative works from licensed Assets, they understand that such works are subject to the intellectual property restrictions of the original Assets. No ownership rights in the original Assets are conferred through the creation of derivative works.
VIII.4. Trademark Usage and Restrictions(a)Trademark Ownership: All trademarks, service marks, trade names, logos, and other brand features associated with the Cosmos Website/Platform and Leartes Studios remain the property of Leartes Studios or its licensors.
(b)Usage Restrictions: Members shall not use any Cosmos or Leartes Studios trademarks, service marks, trade names, logos, or other brand features without express prior written consent from Leartes Studios.
IX. Personal Data and PrivacyIX.1. Data Collection, Use, and Processing
(a)General Clarification Text for Data Subjects: Members are advised to refer to the General Clarification Text for Data Subjects of Leartes Studios for detailed information on personal data handling, including rights, retention, and sharing practices. Members are required to give their explicit consent for data processing during account registration.
(b)Leartes Studios Privacy Policy: The Privacy Policy outlines technical measures for data security. Sensitive data is encrypted for added security, and personal data is retained in compliance with legal standards.
(c)Cookie Usage: The Cookie Policy details the use of cookies on the Cosmos Website/Platform. Users set their cookie preferences upon their first visit to Web site and can adjust these settings at any time.
(d)Compliance with Data Protection Regulations: Leartes Studios is dedicated to processing and storing all data in strict compliance with the Personal Data Protection Law (KVKK), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and Virginia Consumer Data Protection Act (CDPA).
X. Modification of AgreementX.1. Notice of Changes
(a)Advance Notice of Changes: Leartes Studios hereby undertakes to provide Members with advance notice of any amendments, modifications, or changes to this Agreement. Such notice shall be communicated to Members via their registered email address at least ten (10) days prior to the effective date of the changes. Additionally, a notification regarding the impending changes will be prominently displayed on the Cosmos Website/Platform website.
(b)Extended Notice for Significant Changes: For significant modifications, particularly those pertaining to subscription plans, pricing, and the intellectual property clause, Leartes Studios guarantees to extend the notice period to at least thirty (30) days before such changes become effective. The method of notification for these significant changes will mirror that of standard modifications, utilizing both email communication and website notification.
X.2. Acknowledgment of Changes: (a)Members are expected to review and acquaint themselves with any changes to the Agreement. Continued use of the Cosmos Website/Platform following the effective date of such changes will constitute the Member's acceptance of the revised terms.
XI. Termination of MembershipXI.1. Conditions for Termination
(a)
Member-Initiated Termination: Members may terminate their membership and request account deletion by:
- Contacting Cosmos directly at support@leartesstudios.com.
- Opting for termination via the member panel
(b)Cancellation Following Subscription Term: If a Member has an ongoing paid subscription, the account will only be eligible for deletion after the current subscription term concludes.
(c)Company-Initiated Termination: Leartes Studios reserves the right to terminate a Member's account and revoke access to the Platform/Website immediately in cases of Agreement breach. This may include the suspension or cancellation of any ongoing services or transactions and restriction on access.
XI.2. Consequences of Account Termination(a)Effect on Member Data: Following the termination of a membership, whether initiated by the Member or Cosmos, the Member's account data will be handled in accordance with Leartes Studio’s data retention policies as outlined in the Privacy Policy and General Clarification Text for Data Subjects. This includes the retention of data for legally required durations and its secure deletion thereafter.
(b)Access and Services: Upon termination, the Member will lose access to the Cosmos Website/Platform and any services, contents and Assets associated with their membership. Any ongoing transactions at the time of termination will be subject to review and potential cancellation at the discretion of Leartes Studios.
XII. Dispute Resolution and Governing LawXII.1. Dispute Resolution Mechanisms
(a)Initial Resolution Effort: In the event of any dispute, claim, question, or disagreement arising from or related to this Agreement or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
(b)Escalation to Formal Dispute Resolution: If the parties are unable to reach a resolution within a period of 60 days from the initiation of the dispute, either party may then choose to escalate the matter to legal proceedings.
XII.2. Applicable Law and Jurisdiction(a)Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law principles.
(b)Jurisdiction: The parties agree that any legal action or proceeding arising under this Agreement shall be brought and settled exclusively in the courts and enforcement offices located in Istanbul (Çağlayan), Turkey. The Parties hereby irrevocably consent to the jurisdiction and venue of these courts.
XIII. Liability Limitations and DisclaimersXIII.1. Limitation of Liability
(a)Extent of Liability: Leartes Studios, its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, even if Leartes Studios has been advised of the possibility of such damages. This limitation applies to damages resulting from (i) access to or use of or inability to access or use the Cosmos Website/Platform; (ii) any conduct or content of any third party on the Cosmos Website/Platform; (iii) any content obtained from the Cosmos Website/Platform and; (iv) despite Leartes Studios taking maximum precautions in accordance with current legislation, the unauthorized access of third parties to Member's data or private information. Leartes Studios makes no warranty, express or implied, that the digital asset licenses purchased through the website and the Assets subject to those licenses will meet the expectations or needs of Users.
(b)Specific Disclaimer of Liability: In the broadest extent permitted by applicable law, Leartes Studios is not liable for any special, direct, indirect, punitive, incidental damages (including but not limited to loss of profits, business interruption, loss of information) arising from or related to this Agreement, whether based in contract, negligence, tort, or otherwise, except in cases of intentional misconduct or gross negligence by its employees or executives.
(c)Cap on Liability: In no event shall the aggregate liability of Leartes Studios exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you paid Leartes Studios, if any, in the past twelve months for the services giving rise to the claim.
XIII.2. Disclaimer of Warranties(a)'As Is' and 'As Available': The Cosmos Website/Platform and its content are provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Leartes Studios does not warrant that: (i) the Cosmos Website/Platform will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Cosmos Website/Platform is free of viruses or other harmful components; or (iv) the results of using the Cosmos Website/Platform will meet User’s requirements.
(b)No Endorsement of Third Party Content: Leartes Studios expressly disclaims any warranty, representation, or endorsement regarding the legality, accuracy, reliability, quality, or authenticity of content, information, or services provided by third parties on or through the Cosmos Website/Platform.
XIV. Miscellaneous Provisions
(a)Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect the remainder of this Agreement, which shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
(b)Waiver: The failure or delayed exercise by either party of any of its rights under this Agreement shall not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of the waiving party.
(c)Assignment: Members may not assign, delegate, or otherwise transfer any of their rights or obligations to third parties under this Agreement in part or whole or the Agreement at all without the prior written consent of Leartes Studios, such consent not to be unreasonably withheld. Leartes Studios may assign its rights and obligations under this Agreement at its sole discretion.
(d)Entire Agreement: This Agreement, together with any other legal notices and agreements published by Leartes Studios on the Cosmos Website/Platform, shall constitute the entire agreement between User and Leartes Studios concerning the Cosmos Website/Platform.
(e)Headings: The headings in this Agreement are for convenience only and shall not be used in its interpretation.
(f)Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by Leartes Studios (i) via email (in each case to the address provided by the Member) or (ii) by posting to the Cosmos Website/Platform.
(g)Interrelation with Other Agreements: While the 'Digital Asset Licensing Agreement,' 'Subscription Purchase Agreement,' and 'Cosmos Prepaid Balance Contract' are not direct addenda to this Agreement, they are intrinsically linked by the nature of the services provided by the Cosmos Game Asset Store. The aforementioned agreements derive their legal basis from this primary Agreement. Members acknowledge that adherence to the Terms of Use is a prerequisite for engaging in activities governed by the 'Digital Asset Licensing Agreement,' 'Subscription Purchase Agreement,' and 'Cosmos Prepaid Balance Contract.' As such, any breach or non-compliance with the Terms of Use may affect the Member's standing and rights under these related agreements.
XV. Acceptance of AgreementXV.1. Final Acknowledgment, Informed Consent, and Electronic Agreement
(a)Final Acknowledgment and Consent: By selecting the acceptance box on the sign-up page, the Member unequivocally affirms their full and informed consent to all terms and conditions of this Agreement. This action constitutes a binding legal commitment to adhere to the stipulations herein. The Member represents that they have thoroughly reviewed and understood each provision of this Agreement. The act of accepting electronically is an acknowledgment of their informed consent to be legally bound by these terms.
(b)Electronic Agreement: The Member's electronic acceptance of this Agreement is a legally binding contract, establishing the terms of their use of the Cosmos. This electronic consent is deemed equivalent to a manual signature in terms of its binding effect.
XV.2. Effectiveness of the Agreement(a)Date of Effectiveness: This Agreement becomes effective and binding upon the Member from the date of their electronic acceptance, marked by their signing up on the Cosmos. The Member's continued use of the services constitutes ongoing acceptance of this Agreement and any subsequent amendments.