Term of use of the website

1. Introduction 

   Please read carefully these terms of use (the "Terms of Use") which govern the use of the websites https://www.wearecosmico.com/ and https://experience.wearecosmico.com or any landing page thereto and any content made available therein (the “Website”) owned by Cosmico S.r.l., located in Milan, Italy, via Francesco Restelli no. 1, VAT no. 11186440969 (hereinafter "Cosmico" or "we").

   Your use of the Website is also subject to our Cookie Policy and Privacy Policy, governing how we collect, use, share and store your personal information and to which we recommend to make reference.

2. Applicable Terms of use
By accessing the Website, you accept the Terms of Use in effect at the time of your visit to the Website and agree to abide by the Terms of Use. We may from time to time amend these Terms of Use, our Privacy Policy, and our Cookie Policy. If we make material changes, we will notify you through the Website, or other means, to give you an opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you do not approve the changes, you may close your account. If you continue to use our Services after we publish or post a notice regarding changes to these Terms of Use, we will deem the updated Terms of Use to have been accepted by you as of the date they became effective.If any provision of the Terms of Use is found to be invalid or ineffective, any invalidity or ineffectiveness will not extend to the remaining provisions.
3. About the Website
For the purposes of this document, the term "use" refers to any operations that you may perform when accessing the Website, including consultation, with any device (PC, tablet or smartphone), any type of connection (private, third party, public or WI-FI) and regardless of the place of connection. The list of services provided by Cosmico (the "Services") through the Website is for information only and is not exhaustive. Cosmico reserves the right to add or remove features and Services temporarily or permanently, without your consent. Cosmico does not guarantee the accuracy, completeness, or reliability of the Services on the Website or the other items available on the Website. Therefore, you should not rely on any of the Website’s Services unless Cosmico expressly indicates in writing that you should do so. Cosmico provides the Services “as is” and does not provide any express or implicit warranty, including without limitation, warranties of merchantability and fitness for a particular purpose with respect to any Service. In no event Cosmico shall be liable for any direct, indirect, incidental, consequential, or punitive damages of any nature whatsoever relating to the Services as well as caused directly or indirectly by your access to the Website, your inability or inability to access the Website, or the use of the information contained therein.
4. Use of the Website
You voluntarily and explicitly acknowledge and agree that your use of the Website is under your sole and exclusive responsibility. If you choose or are provided with a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. We have the right at any time to disable any user identification code or password, whether chosen by you or assigned by us, if in our opinion you have failed to comply with any of the provisions of the Terms of Use. You undertake not to allow others to use your account. Should you be informed of any unauthorized access by a third party, or in any case of breach of security of which you become aware, you are required to promptly notify Cosmico. You are responsible for keeping your account credentials strictly confidencial; therefore, you agree to indemnify and hold Cosmico harmless from any and all liability for the consequences and/or damages and/or claims of third parties arising from the misuse, the use by third parties of your credentials, any unauthorized access to your account. You agree that you will not take any action that could be detrimental to our image, interests and rights, or to the image, interests and rights of our affiliates or partners, or that could damage, render unusable or overload the Website, or that could hinder, in any way, the normal use of the Website by other visitors. We take appropriate security measures to detect the existence of malwares. However, you should be aware that the existing security measures for computer systems on the Internet cannot fully avoid viruses or malware to affect your computer systems (hardware and software) or the data and files contained in your systems. It is the responsibility of the user of this Website to take all appropriate precautions in order to protect his or her data and/or devices from contamination by any viruses circulating on the Internet. The Website can be accessed 24/7, 365 days a year, however, Cosmico reserves the right to perform maintenance which may require the temporary suspension of the service. Access to normal operation of the Website may be temporarily suspended without notice in the event of malfunctions, repairs or for reasons beyond Cosmico's control. Cosmico cannot be held liable in any way if the Website is not accessible.
5. The contents of the Website
The contents of the Website (the "Content") - script code, graphics, text, tables, images, videos, description of the Services, and any other information available in any form - not uploaded and/or provided by the user or third parties are the property of Cosmico and protected under copyright law (Italian Law No. 633/1941, as integrated by subsequent amendments ("LdA")). It is expressly prohibited to copy, reproduce or dispose of the Content in any way, without our written consent. Any copy, reproduction, sharing, complete or partial, of the Content of the Website, of any kind, is unlawful. Violations are subject to the penalties provided for in Articles 171, 171-bis, 171-ter, 174-bis and 174-ter of the LdA. Technical security measures may be applied to the Contents pursuant to and for the purposes of Articles 102-quater of LdA. The reproduction, through any mean, of the Contents, where expressly authorized, may be made, however, for personal use only, provided that it is not for profit and not for directly or indirectly commercial purposes, in compliance with any technological protection measures. The trademarks and logos used in connection with the Services are registered trademarks and are owned by the respective title owners. The trademark and logo "Cosmico", and other Cosmico logos and trademarks, used in connection with our Services are registered trademarks of Cosmico or trademarks that Cosmico has the right to use. We do not verify the accuracy of the Contents and do not guarantee its usefulness, accuracy, completeness or relevance and/or that such Content is up to date. We expressly exclude any liability for errors or omissions with respect to the Content and the Website, except to the extent that such liability arises from willful misconduct. Cosmico may not be held liable for any decisions made by you relaying on the Content.
6. Registration of a personal account
To access the Services you must register by providing true and complete information requested in the relevant registration form and accept the Terms of Use and the Privacy Policy, which describe how we collect and process your personal data. Please read carefully our Privacy Policy, which is available on the Website. You agree to fill in accurate and complete data regarding your identity and refrain from illegally use the identity of others. In the event of breach of this provision, we reserve the right not to open, to suspend or to delete your account. Your log-in name and password will be assigned by Cosmico after your registration. The password must be kept confidential and reserved. Cosmico will not disclose your password to third parties, nor will ask you to provide the password by e-mail or telephone. You agree not to give your login name and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for the confidentiality and use. After registration, any changes to the data filled in during registration must be promptly communicated to Cosmico in order to make the necessary corrections and avoid errors. In the event that your password is forgotten, you may contact Cosmico through the methods indicated in the footer of the Website. You can close your account and request the cancellation of your account or suspend the use of the accont at any time, through the Website or by contacting Cosmico. Cosmico reserves the right to suspend or close your account in any moment without notice in case of breach of the Terms of Use or any provision of law.
7. Content provided by you or third parties
You are responsible for your own- and third-parties’ contents that you share on the Website, through upload, posting or by any other mean. You hold Cosmico harmless from any liability in connection with the unlawful publication of third-parties’ contents.Links to other websites operated by third parties may be posted on the Website. The presence of any link to such third-party websites does not imply endorsement by us of those websites, and we assume no responsibility for any third-party websites that link to this Website or to which this Website or any content shared by other users, links. Cosmico does not perform any prior validation on content or links provided by third parties and is not responsible for such content or its accessibility. You agree to hold Cosmico (as well as any companies controlled or affiliated to Cosmico, their respective representatives, directors, agents, licensors, partners, and employees), harmless from any obligation or liability, including any legal fee, that may arise from damages caused to other users or third parties, in connection with content shared by you or the breach of the terms of the law, or the Terms of Use by you.
8. Automated processing
We use the information and data you provide and those we collect to suggest you links, content and features that might be useful and of interest to you. If you keep your profile accurate and up-to-date it helps us make more accurate and relevant recommendations.
9. Limitation of liability
To the extent permitted by applicable law, we do not warrant or guarantee that Website and/or Content will be accurate, complete, error-free or reliable or that your use of the Website and/or Content will not infringe rights of third parties. Your use of the Website and/or Content is at your own risk and everything on the Website is provided "as is" and "as available" without warranty of any kind, express or implied. To the extent permitted by applicable law, we will not be liable for any loss arising out of or in connection with your use of the Website or Content, whether direct or indirect, incidental, accidental, consequential, or under any other circumstances.
10. Allowed and non-permitted activities
    
1. 1. You agree to:
   
   
   • comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
   
   
   • provide us with accurate information and keep it updated;
   
   
   • use your real name on your profile; and
   
   
   • use the Services in a fair manner.You agree not to:
   
   
   
   
   • create a false identity on the Website, misrepresent your identity, create a profile for someone other than yourself (a real person), or use or attempt to use the account of any third party;
   
   
   • develop, support, or use software, devices, scripts, robots, or any other means or process (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
   
   
   • disable any security features or bypass or circumvent any access controls or limitations on use of the Service (for example, maximum number of keyword searches or profile views);
   
   
   • copy, use, disclose, or distribute any information obtained from the Services, either directly or through third parties (e.g., search engines), without Cosmic's consent;
   
   
   • disclose information that you do not have the right to disclose (e.g., confidential information of others, including your employer);
   
   
   • infringe the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
   
   
   • infringe on Cosmico's intellectual property or other rights, including, without limitation, (i) copying or distributing our training videos or other materials or (ii) copying or distributing our technology, unless it is released through open-source licenses; (iii) using the word "Cosmico" or our logos in any company name, email or URL;
   
   
   • publish anything that contains software with viruses, worms or any other malicious code;
   
   
   • reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to reverse engineer the source code for the Services or any related technology that is not open source;
   
   
   • claim to be affiliated with or represent Cosmico without our express consent;
   
   
   • rent, lease, lend, market, sell/resell or otherwise monetize the Services or related data or access thereto, without Cosmico's prior consent;
   
   
   • create deep-links to our Services for any purpose other than promoting your profile the Website, without Cosmico's consent;
   
   
   • use bot programs or other automated methods to access the Services, add or download contacts, send or redirect messages;
   
   
   • monitor the availability, performance or functionality of the Services for any competitive purpose;
   
   
   • engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
   
   
   • covering or otherwise modifying the Services or their appearance (for example, by inserting items into the Services or removing, covering or obscuring an advertisement included on the Services);
   
   
   • interfere with the operation of the Services or use an unreasonable load of data on the Services (e.g., spam, Denial of Service (DoS) attack, viruses, game algorithms);
   
   
   • circumvent computer systems used by Cosmico to protect the Content;
   
   
   • copy, store, modify, change, prepare derivative works or alter in any way any of the Content provided by Cosmico;
   
   
   • defame, offend, harass, engage in threatening practices, threaten, or otherwise violate the rights (such as rights of privacy) of others;
   
   
   • publish or post content that is illegal, obscene, illegitimate, defamatory or inappropriate;
   
   
   • use the Website in any improper manner that would violate the Terms of Use or the law;
   
   
   • commit unlawful acts;
   
   
   • extract or collect personal data of users of the Website by any means;
   
   
   • extract, record or exploit data or content of others for purposes other than the exclusive viewing while browsing the Website;
   
   
   • store, share or publish any content that is unlawful, detrimental, insulting, discriminatory, incites hatred, is contrary to public decency, is detrimental to private life or to the rights of others, especially rights referable to image, intellectual property or privacy;
   
   
   • directly or indirectly carry out propaganda of any kind or nature;
   
   
   • storing, sharing or publishing any content that may infringe, directly or indirectly, on Cosmico's rights.
   
   
 
11. No Waiver
The failure of Cosmico to exercise its rights under the Terms of Use does not imply a waiver of the right to exercise such right at a later time.
12. Notices - Language - Amendments
Any notice provided for by the Terms of Use must be made in writing, in Italian or English, and sent by the user at Cosmico's head office in Milan, via Francesco Restelli no. 1, or by email to cosmico@pec.it or through our contacts indicated in the footer of the Website.The Terms of Use, have been drafted in Italian and translated in English. In case of conflict, the Italian version shall prevail.
13. Applicable Law and Jurisdiction
The Terms of Use are governed by Italian law.

Any dispute arising under or in connection to the Terms of Use shall be devolved to the exclusive jurisdiction of the Court of Milan, unless you are a consumer and the applicable consumer protection laws provide otherwise.

Date of last update: 10/07/2023