1. Acceptance of Terms

Welcome to our Web site. The Web sites www.CosmicDebris.com, www.EmilyStrange.com (“Sites”) are operated by Cosmic Debris Etc, Inc (“CDE”). By signing up for or using the various services offered on the Sites, or by using the Sites, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below ("Terms of Use"). In these Terms of Use, the Sites, and the services offered on the Sites, are referred to collectively as the “Service.” If you do not agree to these Terms of Use, do not use or access the Service. We reserve the right to change these Terms of Use from time to time and at our sole discretion. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time at http://www.emilystrange.com/beware/termsofuse.cfm.

2. Permitted Use

The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by CDE, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service, for any purpose except for your own personal use of the Service and to purchase products sold on the Sites. Use of the Service or the materials or content contained in the Service for any purpose not set forth in these Terms of Use is prohibited.

3. Registration, Accounts and Passwords

You agree to (1) provide true, accurate, current and complete data about yourself on any area of the Service where you are prompted to provide information about yourself and (2) promptly update your information to keep it true, accurate, current and complete. If you fail to, your use of the Service may be suspended. You may receive a password and user name upon registering for a forum. You are solely responsible for maintaining the confidentiality of your password and user name, and you are solely responsible for all use of your password or user name, whether authorized by you or not. You agree to immediately notify CDE of any unauthorized use of your password or user name or any other breach of security.

4. Privacy Policy

Your use of the Service is governed by the CDE Privacy Policy located at http://www.emilystrange.com/beware/privacy.cfm, which is incorporated by this reference. You agree to our collection, use and sharing of your information as set forth in the Cosmic Debris Privacy Policy.

5. Purchases

You agree that all purchases made by you on the Service are subject to the CDE purchase and return policies, which can be viewed at http://www.emilystrange.com/support.cfm.

6. User Conduct

You agree that you will not use the Service to upload, post, or otherwise distribute or facilitate distribution of any material that (1) is libelous, defamatory or slanderous; (2) is sexually suggestive or contains explicit sexual content (including nudity); (3) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (4) does or may threaten, abuse, harass, or invade the privacy of any third party; (5) infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights; (6) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs; (7) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (8) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (9) impersonates any person or entity, including any employee or representative of CDE; (10) contains photos of people, or (11) violates any applicable law or these Terms of Use. You agree that you will not collect information about third parties via the Service or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory.

7. Grant of Limited License

If you post any content to the Service, you hereby grant CDE and their affiliates and licensees worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to CDE the license set forth in this section without infringing or violating the rights of any third party.

8. Copyrights

CDE respect the intellectual property of others, and ask that you and other users do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, CDE may, in their sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, CDE do not ensure that any such content will be edited or removed. We may terminate access to the Service if you violate the intellectual property rights of others.

9. Proprietary Rights

CDE owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.

10. DISCLAIMER OF WARRANTIES

CDE PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CDE, AND EACH OF THEIR AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CDE DO NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.

11. EXCLUSION OF DAMAGES

CDE, AND EACH OF THEIR AFFILIATES, AGENTS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CDE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL CDE’S LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS OF USE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS WHICH GAVE RISE TO THE LIABILITY.

13. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CDE’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 10 MAY NOT APPLY TO YOU.

14. THIRD-PARTY WEB SITES

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CDE. ACCORDINGLY, CDE MAKE NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT.

15. Indemnification

You will indemnify and hold harmless CDE and each of their representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at the Indemnified Parties’ option defend them, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify CDE, CDE may, in their sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of the Indemnified Parties.

16. Termination

In its sole and absolute discretion, with or without notice to you, CDE may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing CDE at info@cosmicdebris.com. CDE will not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services.

17. General

These Terms of Use will be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Oakland, California, and you irrevocably consent to the personal jurisdiction of such courts. No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will 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, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and will ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.

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