- We have no obligation to store and may remove or delete any content on Cosmic Quake for any reason, at any time and without notice to you.
- We may link to applications and/or services from third parties.
- You agree that we are not responsible for, and do not control such websites, applications or services.
We reserve the right to modify, suspend, remove or disable access to the App and any content or other materials that are offered on the App at any time, without notice. Consequently, we will neither be responsible towards you nor any third party for any modification, suspension, removal, expiratior discontinuance of the App or any of its content.
Terms and Conditions
The following terms and conditions govern all use of the CosmicQuake.com website and all content, services, and products available at or through the website.
- By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Cosmic Quake, acceptance is expressly limited to these terms.
- Responsibility of Contributors. If you submit SoundCloud material to CosmicQuake.com or allow any third party to make SoundCloud material available, you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. By using CosmicQuake.com, you represent and warrant that your SoundCloud material and conduct do not violate these terms.
- By submitting SoundCloud content to Cosmic Quake for inclusion on our website, you grant Cosmic Quake a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your remix on Cosmic Quake. This license allows Cosmic Quake to make content available to third parties selected by Cosmic Quake so that these third parties can analyze and distribute your content through their services.
- Without limiting any of those representations or warranties, Cosmic Quake has the right (though not the obligation) to, in Cosmic Quake’s sole discretion, (i) refuse or remove any SoundCloud content that, in Cosmic Quake’s reasonable opinion, violates any Cosmic Quake policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of CosmicQuake.com to any individual or entity for any reason.
Use of Website
- You are permitted to use our website for your own purposes and to download SoundCloud material from the website provided that you do so strictly in accordance with the permissions granted to you in our terms.
- The copyright and other intellectual property rights in all SoundCloud material on the website are owned by the DJs, original artists and producers. You must not reproduce them without their prior consent.
- No part of the Website may be reproduced without our prior written permission.
- Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service, including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, audio, sounds, musical works, and other content or materials that you submit via the Service.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Cosmic Quake page is rendered or displayed in a browser or device.
Other Legal Terms
- You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
- Cosmic Quake Content is protected by copyright, trademark, patent, and other law. Cosmic Quake owns and retains all rights in the Cosmic Quake Content and the Service.
- The Cosmic Quake name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of Cosmic Quake.
- In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Cosmic Quake, and may not be copied, imitated or used, in whole or in part, without prior written permission from Cosmic Quake.
- Although it is Cosmic Quake’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- Also, Cosmic Quake reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Cosmic Quake, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
- Users of Cosmic Quake are granted permission to temporarily view and/or download one (1) copy of the material(s), such as information or software, on Cosmic Quake exclusively for personal and non-commercial transitory viewing.
- As such, this is a grant of a license, not a transfer of title, and pursuant to these terms and conditions, you, as the user, may not: (i) modify or copy Cosmic Quake’s materials; (ii) use the materials for any commercial exploitation or purpose, or for any public display, whether commercial or non-commercial; (iii) attempt to decompile or reverse engineer of Cosmic Quake; (iv) remove any copyright or other proprietary marks contained on Cosmic Quake; or (v) transfer the material from Cosmic Quake to another individual or duplicate, replicate or “mirror” the Cosmic Quake’s materials on any other server.
You are solely responsible for your use of Cosmic Quake. Because Cosmic Quake merely serves as listening pleasure and promotional purposes, the SoundCloud material does not represent the views, opinions or beliefs of Cosmic Quake, and Cosmic Quake makes no claim of accuracy of any SoundCloud material. We are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Cosmic Quake.
- Materials featured, displayed or available on Cosmic Quake may include technical errors.
- We do not warrant that any of the materials available on the Cosmic Quake are accurate, complete or current and we may make changes to the materials contained on Cosmic Quake at any time without notice.
- Cosmic Quake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Cosmic Quake Service (or any part thereof) with or without notice at any time. You agree that Cosmic Quake will not be liable to you or to any third party for any modification, suspension or discontinuance of the Cosmic Quake Service.
The logo, domain name, content and other features of Cosmic Quake are and will remain the exclusive property of Cosmic Quake and its licensors.
The Agreements do not grant you any rights to use any of Cosmic Quake whether for commercial or non-commercial use:
- Cosmic Quake is the exclusive owner of all content on this website, and is protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.
- All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cosmic Quake, and is protected under the international copyright, authors’ rights and database right laws.
- The compilation of all content on this website is the exclusive property of Cosmic Quake and international copyright and database right laws.
- All software used on this website is the property of Cosmic Quake (or software suppliers) and is protected by international copyright.
- Any of the above conditions may be waived with permission from the copyright holder. Nothing in this license impairs or restricts the author’s moral rights.
- All title and intellectual property rights in and to the content of any sites linked on Cosmic Quake is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
It is not allowed to:
- Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Cosmic Quake or the Content, or otherwise making any use of the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Content or any part of it.
- Circumventing any technology used by Cosmic Quake, its licensors, or any third party to protect the Content.
- Removing or altering any copyright, trademark, or other intellectual property notices contained on the Content (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
- The general structure of Cosmic Quake, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts,…) are exclusively owned by Cosmic Quake or right holders.
- Any reproduction and representation, in total or partially, of CosmicQuake and/or elements composing it by any means without the express authorization of Cosmic Quake or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
- The Agreement does not transfer from Cosmic Quake to you any Cosmic Quake or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cosmic Quake.
- Your use of our Services grants you no right or license to reproduce or otherwise use any Cosmic Quake or third party trademarks.
- All trademarks, service marks and trade names of Cosmic Quake or Company’s licensors used herein (including but not limited to: the Cosmic Quake name, the Cosmic Quake corporate logo, design and any logos) are trademarks or registered trademarks of Cosmic Quake or its affiliates, partners, vendors or licensors.
- You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Cosmic Quake trademarks in any way, including in advertising or publicity pertaining to distribution of materials, without Cosmic Quake’s prior written consent.
You agree to defend, indemnify and hold us, and our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) against any claim or demand made by any third party due to or arising out of: (a) your use of Cosmic Quake; (b) your violation of our Terms; or (c) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
Obligations Of The Visitor
In using the service the visitor agrees not to engage in acts of any nature whatsoever which may be contrary to the international laws and, if the need arises, the laws of the country from which he connects, which impair the international public order or harm the rights of a third party.
Breach Of Terms
- Any abuse notice will result in prosecution and will be subject to civil or criminal procedure sanctions.
- In any event, Cosmic Quake reserves the right to refuse to respond to a misleading notification, or a notification on content which is not manifestly unlawful.
Your use of our Services is subject to all applicable international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that: (a) you will not interfere with another member’s use of our Services; (b) you will not interfere with or disrupt the security measures of our Services; (c) you will not interfere with or disrupt networks connected to our Services, and will comply with all regulations, policies and procedures of such networks; and (d) you will comply with international laws regarding the transmission of technical data.
You further agree that you will not use our Services to: (a) send or result in the transmission of “spam” (junk email) or unsolicited messages; (b) promote or generate revenue for any business or commercial purposes unless authorized in writing by us; (c) impersonate any person or entity; intentionally or unintentionally or create a false identity on our Services; (d) collect or store personal data about other users; (e) make publicly available on our Services, or otherwise transmit, any private information of any third party; or (f) make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules set forth in the Service. You agree not to use the Service in order to:
- upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- engage in conduct that is fraudulent or illegal or otherwise harmful to Cosmic Quake or any other user;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users’ computers;
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain passwords or other private information from other members;
- violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, or hacks for the Service.
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, or improper use of the Service and to take action.
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material
- (a) in violation of any applicable law or regulation,
- (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or
- (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site.
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised.
Violations of system or network security may result in civil or criminal liability.
You represent, warrant and agree that you will comply with the above acceptable use requirements. In extreme cases or as required by law or regulation, Cosmic Quake reserves the right to take court action and/or report users to the relevant authorities.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to Cosmic Quake;
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
- Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
- Attempt to access any feature or area of the Service that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
- Use data collected from our Service to contact individuals, companies, or other persons or entities;
- Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
- Use the Service to carry out any financial activities subject to registration or licensing; or
- Use the Service to participate in fundraising for a business, protocol, or platform.
User Information and Copyright
- You are solely responsible for your use of the Services and for any User Information you provide, including compliance with applicable laws, rules, and regulations.
- You retain your rights to any User Information you submit using the Services.
- By submitting User Information on or through the Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, files, feedback, suggestions, ideas, concepts, questions, data or other content that you submit on Cosmic Quake, including to provide, promote, and improve the Services.
- You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Information that you submit on or through the Services. You agree that such User Information will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Cosmic Quake the license described above.
- Cosmic Quake reserves the right to remove remixes without prior notice. Cosmic Quake will take down remixes in response to formal infringement claims.
Cosmic Quake or its licensors own and retain all rights, including all applicable intellectual property rights, in all software on this website.
Nothing grants any right or license to Software Content to you, and you shall not:
- reverse engineer, decompile, disassemble, split, adapt, implant, or implement other derivative works on the Software Content;
- research the internal implementation of SoundCloud products, obtain product source code, or steal intellectual property rights in any manner; and/or
- disclose results of any benchmark tests.
Access to Cosmic Quake
- We will do our utmost to ensure that availability of Cosmic Quake will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed.
- Also, your access to Cosmic Quake may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
- We will attempt to limit the frequency and duration of any such suspension or restriction.
Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
Liability for Content
- The content of CosmicQuake has been compiled with utmost care. However, we do not assume any liability concerning the correctness, completeness and topicality of the content.
- We are not obliged to monitor third party information, which has been displayed.
- The responsibility to remove or block the use of information according to the general law shall remain unaffected. Any liability in this respect, however, is only possible from the moment at which knowledge of a specific violation of the law is obtained.
- We shall immediately remove this content upon discovery of such infringements.
Liability for Links
- Our offer contains links to external websites of third parties, on the content of which we do not have any influence. Therefore, we cannot assume liability for this content. The liability for linked pages lies exclusively with their operators or providers.
- However, we cannot reasonably be expected to constantly monitor the content of the linked pages without any indication that the law.
Reproduction Of Content
The contents of Cosmic Quake are copyrighted to or licensed to us for our use exclusively on this site and in the manner displayed or portrayed. You may not reproduce in any form whatsoever, create a derivative of, store on any retrieval system accessible to a third party, the content of this website or the proprietary rights of any third party. Written permission must be given by Cosmic Quake or the relevant party for the reproduction of the content of this website or any material, graphic or design posted on the site.
You may embed SoundCloud material, provided you do not embed the SoundCloud material on any website or other location that (i) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, infringing, threatening, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable or (ii) links to infringing or unauthorized content, or any content described in (i). If you redistribute such SoundCloud material, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
- The content is subject to international laws. Duplication, processing, distribution as well as any kind of exploitation, which lies beyond the limits of copyright law, requires the written consent of the respective author or originator.
- Downloads and copies from Cosmic Quake are only permitted for private, not commercial use.
- In the event that you still become aware of a copyright violation, we kindly ask you to inform us accordingly. We shall immediately remove such content upon discovery of infringements.
All material and other digital content on CosmicQuake.com may not be reproduced, published, broadcasted, or redistributed in whole or in part without prior express written permission from CosmicQuake.com.
You may print and download portions of material from the CosmicQuake.com website. We retain ownership and all rights to CosmicQuake.com logos, trademarks, software, trade secrets, databases, reports, and Web site. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your Web sites and other items.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. You also grant to CosmicQuake.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CosmicQuake.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CosmicQuake.com.
The purpose of this section is to make clear what we consider to be acceptable use of Cosmic Quake. We reserve the right to immediately suspend, without notice, any IP address which we determine to be illegal, spam, systematically generated, or potentially damaging to our service or infrastructure.
Privacy and Identity Theft
The appropriation and use of the identity of another person are not permitted. Users may not send us other people’s personally identifying or confidential information. You may not post information such as other people’s credit card numbers, Social Security Numbers, driver’s and/or other license numbers, passwords, usernames, phone numbers, addresses and email addresses.
Cosmic Quake may not be used for illegal purposes. Examples of this include using Cosmic Quake for deceptive or fraudulent purposes.
BY SENDING EMAIL TO US, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS:
- Your emails must comply with all applicable international laws.
- Examples of applicable laws include laws relating to spam or unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable international laws.
Communications With Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, and suggestions, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development of services that incorporate such information without compensation or attribution to you.
Cosmic Quake will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Cosmic Quake privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Cosmic Quake); (b) was lawfully known to Cosmic Quake before receiving it from you; or (c) is received by Cosmic Quake from a third party without knowledge of breach of any obligation owed to you. Cosmic Quake may disclose your Content when required by law or legal process, but only after Cosmic Quake, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
Cosmic Quake will store and process your Content in a manner consistent with industry security standards. Cosmic Quake has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. If Cosmic Quake becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data, Cosmic Quake will take reasonable steps to notify you without undue delay. Cosmic Quake will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident.
We take privacy and security very seriously. We encourage everyone to responsibly find, disclose, and help us resolve security vulnerabilities.
Cosmic Quake will not take legal action against users for disclosing vulnerabilities.
- Don’t perform any actions that could harm the reliability or integrity of our services and data. Some examples of harmful activities that are not permitted include: brute forcing, denial of service (DoS), spamming, timing attacks, etc.
- Don’t use scanners or automated tools to find vulnerabilities.
- No information about issues found should be publicly disclosed or shared.
We welcome your feedback about our Sites. All information and materials submitted to Cosmic Quake, such as any feedback, ideas, questions, designs, data or the like regarding or relating to Cosmic Quake, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the Company reserves the right to treat any such Feedback as the confidential information of Cosmic Quake. By submitting Feedback to Cosmic Quake, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
Licence for Website Access
- Cosmic Quake grants you a limited licence to access of this website, but not to download or modify it, or any portion of it.
- This licence does not include any resale or commercial use of Cosmic Quake or its contents; any derivative use of Cosmic Quake or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- Cosmic Quake or any portion of Cosmic Quake may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cosmic Quake.
- Any unauthorised use terminates the permission granted by Cosmic Quake.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to CosmicQuake.com as long as the link does not portray Cosmic Quake in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Cosmic Quake logo or other proprietary graphic.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Cosmic Quake or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Cosmic Quake logo or other proprietary graphic of Cosmic Quake to link to the Services without the express written permission of Cosmic Quake. Further, you may not use, frame or utilize framing techniques to enclose any Cosmic Quake trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Cosmic Quake’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Cosmic Quake or any third party. Cosmic Quake makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Cosmic Quake and Cosmic Quake is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the international laws, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be courts located in Las Vegas (USA).
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the international rules. The arbitration shall take place in Las Vegas (USA), in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
Termination And Violations Of The Agreement
Cosmic Quake reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to Cosmic Quake and/or Services from a particular account, device and/or IP address. You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.
Limitation of Liability
- In no event shall we be liable for any damages, including, without limitation, damages resulting from loss of data or profit or due to business interruption, arising from the use or inability to use the content on Cosmic Quake, even if we, or an authorized representative, have been notified orally in writing of the possibility of such damage.
- As some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you if you are currently accessing of Cosmic Quake from that state.
- SoundCloud does not warrant that your use of the Application will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Application, any part or parts thereof, or the servers on which the application operates are or will be free of viruses or other harmful components.
- SoundCloud and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders specifically disclaim all of the foregoing warranties to the fullest extent permitted by law, together with any express or implied warranties regarding non-infringement, merchantability, fitness for a particular purpose and compliance with applicable law.
- Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
If you are dissatisfied with the application, your sole and exclusive remedy is to discontinue using the application.
Cosmic Quake and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders shall have no liability for:
(i) any loss or damage arising from:
(a) your inability to access or use the Application or any part or parts thereof;
(b) any changes that SoundCloud may make to the Application or any part or parts thereof;
(c) any errors or omissions in the technical operation of the Application, or from any inaccuracy or defect in any part of the application;
(ii) any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach; and/or
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the application must be filed within one (1) year after such claim or cause of action arose.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. COSMICQUAKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. COSMICQUAKE DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT TRANSMISSION TO OR FROM.
THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSMIC QUAKE OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, EVEN IF COSMIC QUAKE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY OR DAMAGES.
- These Terms shall be governed and construed in accordance with the laws of without regard to its conflict of law provisions.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
- Illegal use. Cosmic Quake cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
- Technical problems. Cosmic Quake cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
- Entire Agreement. These Terms contain the entire agreement between you and us regarding the use of Service.
- Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
- Survival. Even after your access to the Service is terminated, or your use of the Service discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
- Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you use certain other services, affiliate services, third-party content or third-party software. We may be required by international laws to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on Cosmic Quake. You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder. The formation, construction and interpretation of these Terms shall be controlled by the international laws, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the jurisdiction of the courts located in Las Vegas (USA). The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Reservation of Rights, Severability: Cosmic Quake reserves all rights not expressly granted herein. Cosmic Quake’s rights and remedies are cumulative. No failure or delay by Cosmic Quake in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Force Majeure: Cosmic Quake will not be liable for any delay or failure caused by (a) natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Cosmic Quake’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Cosmic Quake shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
- You shall not use the Service in any manner contrary to international, state or federal law. Cosmic Quake expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your access immediately upon notice of your failure to comply with any such international, state or federal law.
- Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
- No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cosmic Quake without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
- A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- This Agreement is accepted upon your use of Cosmic Quake, and is further affirmed by you and any continued access or use of the Cosmic Quake.
- Your agreement with Cosmic Quake will always include this Agreement at a minimum, except to the extent modified by an Other Agreement to which we have mutually agreed.
- Your access and use of certain Cosmic Quake Services will require you to accept Additional Terms applicable to such certain Cosmic Quake, in addition to this Agreement.
- The failure of Cosmic Quake to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Cosmic Quake may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cosmic Quake.
- This Agreement (and the documents referred to herein, including, without limitation, Additional Terms) constitute the entire agreement between you and us in relation to the use of Cosmic Quake, and replace and extinguish all prior agreements, arrangements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter.
- If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. If you haves any questions about this Terms, please email us at .