COSMIC KIDS TERMS OF USE

Last updated: August 2020

Welcome to Cosmic Kids! Making yoga and mindfulness fun for kids!

1. Introduction

1.1 https://www.cosmickids.com/ and https://training.cosmickids.com/ (the “Websites”) are websites owned and operated by Cosmic Kids Trading Limited, a private company incorporated and registered in England and Wales with company number 12594183 whose registered office is at Mercury House, 19-21 Chapel Street, Marlow, Bucks, United Kingdom, SL7 3HN (“Cosmic Kids”, “we”, “us” or “our”). These terms of use apply to all use of the Websites and form a legal agreement between you and Cosmic Kids. Please read them carefully.

1.2 At Cosmic Kids, our Websites are just for adults, while our content is designed for the whole family including children with parent supervision. Kids, if you are under the age of eighteen (18), please ask a parent or guardian to explain their meaning to you. Your parent or guardian must read and accept these terms of use on your behalf and take full responsibility for compliance with these terms of use for you to access our Websites. If you or your parent or guardian do not wish to be bound by these terms of use, please exit the Websites now and do not access or use our Websites.

1.3 By accessing the Websites you are confirming that:

1.3.1 you are at least 18 years of age;

1.3.2 you have the right, authority and legal capacity to accept these terms of use; and

1.3.3 that you have read, understood and agree to be bound by these terms of use with respect to yourself and any minor child authorised by you.

1.4 Our Transactional Terms apply to your purchase and use of our services and products which can be found at https://cosmickids.com/transactional-terms.

1.5 Our Privacy Policy sets out how we use personal data relating to you and can be found at https://cosmickids.com/privacy-policy.

1.6 Our acceptable use policy sets out prohibited uses of Cosmic Kids content, materials and brand and can be found at https://cosmickids.com/acceptable-use-policy.

1.7 We may make alterations to these terms of use from time to time.

 

2. Rights Of Use And Intellectual Property Rights

2.1 Subject to these terms of use, you may use the Websites solely for your personal non-commercial use to:

2.1.1 view pages from our Websites in a web browser;

2.1.2 download pages from our Websites for caching in a web browser;

2.1.3 print pages from our Websites;

2.1.4 stream audio and video files from our Websites; and

2.1.5 use our Websites’ services by means of a web browser.

2.2 Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights and proprietary rights in and to the Websites belong to and vest in us, or are licensed to us.

2.3 You must not sell, rent or sub-license material from our Websites or exploit material from our Websites for a commercial purpose.

2.4 We reserve the right to restrict access to areas of our Websites, or indeed to whole of our Websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Websites.

2.5 All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.

 

3. Restrictions And Obligations

3.1 You agree to comply with these terms of use and all rules applicable to the use of the Websites.

3.2 You will not:

3.2.1 hack, modify, reverse engineer or create derivative works of the Websites or any part of it;

3.2.2 use our Websites in any way or take any action that causes, or may cause, damage to the Websites or impairment of the performance, availability or accessibility of the Websites;

3.2.3 use our Websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

3.2.4 use our Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

3.2.5 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Websites without our express written consent;

3.2.6 access or otherwise interact with our Websites using any robot, spider or other automated means;

3.2.7 violate the directives set out in the robots.txt files for our Websites;

3.2.8 gain unauthorised access to any part of the Websites;

3.2.9 remove, modify or obscure any copyright, trade mark or other proprietary notices on the Websites;

3.2.10 create software which replicates or mimics the data or functionality in the Websites;

3.2.11 use your access to the Websites for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Websites to contact individuals, companies or other persons or entities;

3.2.12 make any part of the Websites available to a third party who does not agree to these terms of use;

3.2.13 copy or exploit any part of the Websites or the content it contains other than as expressly permitted by these terms of use;

3.2.14 use the Websites or any part of it unfairly or for any illegal or immoral purpose; or

3.2.15 attempt to do any of the acts listed above.

 

4. User Communications

4.1 The Websites may enable the display of your own or third party content (“User Communication”) without review or moderation. The Websites are therefore merely a conduit of User Communication.

4.2 The views expressed in any User Communication are the views of the individual authors and not those of Cosmic Kids unless specified otherwise by Cosmic Kids.

4.3 We disclaim all liability in respect of any comments, views or remarks expressed in any User Communication.

4.4 By using the Websites you acknowledge that Cosmic Kids has no responsibility to review the content of any User Communication and that all User Communication is made available on the basis that Cosmic Kids is not required to exercise any control or judgement over User Communication.

4.5 If you submit data, messages, audio, video, textual or other content through the Websites such as through a discussion forum, comments on a blog post, or otherwise, you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Communication which you submit, worldwide in connection with the Websites.

4.6 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Cosmic Kids has no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when using any websites. By using the Websites you accept that you use the Websites at your own risk.

 

5. Content

5.1 If you believe that any content is made available on the Websites in such a way that is offending, inappropriate, or inaccurate or that constitutes copyright infringement, please contact us at [email protected] with the following

5.1.1 a statement by you explaining which content is offending, inappropriate, or inaccurate and why;

5.1.2 an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;

5.1.3 a description of the copyrighted protected content that you believe has been infringed upon;

5.1.4 a full description of where on the Websites this content can be found (including the relevant URL);

5.1.5 your address, telephone number, and e-mail address;

5.1.6 a statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law; and

5.1.7 a statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.

5.2 We shall use our reasonable endeavours to review your request and take, in our sole discretion, appropriate action with respect to such content.

 

6. Liability

6.1 Cosmic Kids provides and maintains the Websites on an “as is” and “as available” basis.

6.2 External Sites have not been verified or reviewed by Cosmic Kids and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Websites may link.

6.3 Cosmic Kids gives no other warranty in connection with the Websites, User Communication or any External Sites and to the maximum extent permitted by law, Cosmic Kids excludes liability for:

6.3.1 any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Cosmic Kids has been made aware;

6.3.2 the accuracy, currency or validity of information and material contained within any User Communication or the Websites;

6.3.3 any interruptions to or delays in updating the Websites;

6.3.4 any incorrect or inaccurate information on the Websites;

6.3.5 the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Communication or use of the Websites;

6.3.6 the availability, quality, content or nature of External Sites;

6.3.7 any transaction taking place on External Sites;

6.3.8 any transaction with any third party retailer taking place on the Websites;

6.3.9 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Websites or any part of it, or any User Communication; and

6.3.10 all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.

6.4 Cosmic Kids does not warrant that the operation of the Websites will be uninterrupted or error free.

6.5 Cosmic Kids will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

6.6 Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

6.7 You agree not to use the Websites in any way which is:

6.7.1 unlawful;

6.7.2 may give rise to civil or criminal liability for Cosmic Kids; or

6.7.3 which might call Cosmic Kids into disrepute.

7. Termination

Without limiting any other rights it may have, we may cancel or suspend access to the Websites if you breach any of these terms of use.

 

8. General

8.1 These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit Cosmic Kids’ liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.

8.2 These terms of use and the terms referred to herein constitute the entire agreement between you and Cosmic Kids relating to your use of the Websites, to the exclusion of any other terms.

8.3 Failure to enforce any term does not constitute a waiver of that term.

8.4 If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

8.5 The Websites are intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Websites comply with the laws of any other country.

8.6 These terms of use are subject to English law and the parties submit to the exclusive jurisdiction of the English courts.

8.7 These terms of use do not confer any rights on any person or party (other than the parties to these terms of use and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

8.8 You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these terms of use, without the prior written consent of Cosmic Kids.

8.9 All questions, comments or enquiries should be directed to us at [email protected].