AGREEMENT BETWEEN USER AND COGG Studios
The COGG Studios Website is comprised of various pages operated by COGG Studios.
The COGG Studios Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (‘Terms’). Your use of the COGG Studios Website constitutes your agreement to all such terms, conditions, and notice as may be from time to time defined herein. Last updated 23 January 2018.
COGG Studios reserves the right to change the terms, conditions, and notices under which the COGG Studios Website is offered, including but not limited to any charges that may from time to time be associated with the use of the COGG Studios Website.
LINKS TO THIRD PARTY SITES
The COGG Studios Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of COGG Studios and COGG Studios is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. COGG Studios is not responsible for webcasting or any other form of transmission received from any Linked Site. COGG Studios is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by COGG Studios of the site or any association with its operators. You acknowledge that COGG Studios cannot be held liable for the content of Linked Sites or for any consequence arising from you accessing the same and you acknowledge that such access or use of Linked Sites shall be is at your sole option, discretion and risk.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the COGG Studios Website, you warrant to COGG Studios that you will not use the COGG Studios Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the COGG Studios Website in any manner which could damage, disable, overburden, or impair the COGG Studios Website or interfere with any other party's use of the COGG Studios Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the COGG Studios Websites. You must not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. When breaching this provision we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on such Website, or on any website linked to the Website.
You should not use the Website for any purpose which may be considered defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any COGG Studios staff. You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
USE OF COMMUNICATION SERVICES
The COGG Studios Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
COGG Studios has no obligation to monitor the Communication Services. However, COGG Studios reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. COGG Studios reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
COGG Studios reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COGG Studios's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. COGG Studios does not control or endorse the content, messages or information found in any Communication Service and, therefore, COGG Studios specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts or respondents are not authorized COGG Studios spokespersons, and their views do not necessarily reflect those of COGG Studios.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO COGG Studios OR POSTED AT ANY COGG Studios WEBSITE
COGG Studios does not claim ownership of the materials you provide to COGG Studios (including feedback and suggestions) or post, upload, input or submit to any COGG Studios Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting COGG Studios, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. COGG Studios is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in COGG Studios's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COGG Studios WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COGG Studios AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COGG Studios WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE COGG Studios WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
COGG Studios AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE COGG Studios WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COGG Studios AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: [email protected]
COGG Studios reserves the right, in its sole discretion, to terminate your access to the COGG Studios Website and the related services or any portion thereof at any time, without notice.
All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. You acknowledge you are not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use. Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever. No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos which appear on the Website except if specifically permitted in writing by the owner of such rights. Further to the above provisions, you warrant that you shall not circumvent in any way the intellectual property rights of software providers or any other third-party owners of such rights. Any breach of this requirement which we become aware of will be notified within reasonable time to the respective intellectual property right owner for undertaking appropriate action and enforcement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the COGG Studios Website are Copyright 2022 by COGG Studios, its subsidiaries or sister companies and/or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to their respective owners.
TRANSFER OF RIGHTS, OBLIGATIONS AND WEBSITE SHUT DOWN
We reserve the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You acknowledge that in an event of a website shut-down, your account may be transferred to a different website managed and operated by Us. We reserve the right to forfeit all related existing bonus amounts at the moment of website shut down.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks having an adverse effect ("Force Majeure"). Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and COGG Studios as a result of this agreement or use of the COGG Studios Website. COGG Studios's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of COGG Studios's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the COGG Studios Website or information provided to or gathered by COGG Studios with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and COGG Studios with respect to the COGG Studios Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COGG Studios with respect to the COGG Studios Website. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.