Welcome to the NEW YORK COSMOS website (the “Site”), which is owned and operated by NEW YORK COSMOS LLC and its affiliates (“COSMOS”). We want your experience on our Site to be enjoyable, useful and secure. Because our Site contains original content and offers certain services to you, we want you to have a clear understanding of our rights and your obligations when using the Site. Your use of and access to the Site is therefore subject to these Terms and Conditions of Use (“Terms”), which constitute a binding agreement between you and COSMOS. If you do not agree with these Terms, you may not use this Site.
Certain interactive features and content on the Site are accessible only to subscribers (“Members”) and are subject to additional terms and conditions set out below. (References in these Terms to “you” and “your” shall include both Members and non-Member users of the Site).
Revisions to Terms
You are reading the most current version of the Terms, which were posted as the date listed at the end. We may update or modify the Terms at any time by posting a new version here without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Site after any such update constitutes your acceptance of and agreement to such changes. Except as provided in this paragraph, these Terms may not be amended.
Connectivity to Site
You acknowledge and accept that COSMOS does not guarantee continuous, uninterrupted or secure access to the Site or any services offered through the Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our reasonable control.
You are solely responsible for your own Internet connection and bandwidth to access and connect to this Site. Not all of the features available through the Site, such as any current or future streaming audio or video, will be available to you unless your computer or mobile device satisfies the necessary technical requirements.
Intellectual Property and Ownership
All content included or available on this Site, except for Member Content, including without limitation Site designs and layouts, text, graphics, icons, images, photographs, streaming or audio and video, interfaces, the selection, compilation and arrangements thereof, and underlying software and code in various formats (collectively “Cosmos Content”), is owned and controlled by COSMOS and its affiliates, advertisers or licensors, and is protected by the copyright and trademark laws of the United States, international conventions and other countries. The Site itself is protected by COSMOS as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. You may download and print out pages and information from this Site only for your personal, non-commercial use, provided you retain all copyright, trademark and other proprietary notices. You may not use, modify, reproduce, distribute, republish, upload, create derivative works from, data mine, post or transmit in any way any Cosmos Content except as expressly permitted by these Terms or otherwise with the prior written permission of an authorized officer of COSMOS. No robot, spider, or other automatic device or manual process may be used to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of COSMOS.
NEW YORK COSMOS®, COSMOS®, the various COSMOS logos and nycosmos.com™ are proprietary trademarks and service marks of COSMOS or its affiliates, including Cosmos Soccer Club LLC. COSMOS trademarks and service marks may not be used in connection with any product or service that is not provided, approved or licensed by COSMOS, in any manner that is likely to cause confusion or dilute the distinctive quality of the COSMOS marks, or in any manner that disparages or discredits COSMOS.
If you subscribe to any services on the Site that require a user name and password, such user name and password shall, with respect to this Site, be deemed confidential information of COSMOS and shall not be shared with, or disclosed by you to, anyone else.
Purchases Through the Site
COSMOS may offer products or services for sale through the Site, including through various vendors and licensees of COSMOS. All purchases are subject to availability. If any purchased product is not as described, your sole remedy is to return it in unused condition (subject to the terms of any manufacturer’s or vendor warranties).
COSMOS and its vendors reserve the right to modify the price of any product or service offered for sale through the Site. COSMOS is not responsible for any typographical or other errors in describing any products or services. Any offer to sell any such products or services may be discontinued at any time in the sole discretion of COSMOS or its vendors.
COSMOS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR INCLUDING ANY THIRD PARTY STOREFRONTS, AND ANY PRODUCTS OR SERVICES OFFERED BY VENDORS OR THIRD PARTY STOREFRONTS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS ANY SHOPPING AREA OF THE SITE, INCLUDING ANY THIRD PARTY STOREFRONTS, AND ANY PRODUCT OR SERVICE OFFERED THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE.
License and Site Access
COSMOS grants you a limited license to access and make personal use of this Site. You may download and print pages and information from this Site only for your personal, non-commercial, use and reference. You may not modify, distribute, perform, display or create any derivative works from any Cosmos Content or further copy any Cosmos Content without the express written consent of COSMOS. This license prohibits any commercial use of this Site or its Cosmos Content or any use of data mining, robots or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any Cosmos Content on the Site without the express written consent of COSMOS. You may not use or embed in any other Internet site or blog any meta tags or other non-visible meta-data that incorporates any trademarks, service marks, logos or trade names of COSMOS or any COSMOS affiliates without the express written consent of COSMOS. Any unauthorized use of this Site terminates the license granted by COSMOS.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site as long as the link does not portray COSMOS, its affiliates, or their vendors’ products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any COSMOS logo or other graphic or design Cosmos Content as part of the link without express written permission from COSMOS.
Usage Rights and Prohibited Activities
You are prohibited from using or accessing this Site to: (i) transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of COSMOS, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity; (ii) transmit, store or otherwise make available material that disrupts or corrupts the Site or any Cosmos Content, imposes an unreasonable or disproportionately large load on the Site’s servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (iii) transmit, store or otherwise make available material that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate speech, or adversely affects COSMOS’ or its advertisers’ and affiliates’ business, or is otherwise objectionable in COSMOS’ sole discretion; (iv) transmit, store or otherwise make available material that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international laws or regulations; (v) transmit, store or otherwise knowingly or negligently make available a virus, Trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available a third party’ trade secrets or other material that contains any information, software or other material of a commercial or proprietary nature; (vii) transmit, store or otherwise make available material that contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or other solicitations of any kind; (viii) transmit, store or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack or impersonate players, management or employees of soccer teams or leagues, or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use or access another person’s personal information or persona, account data or password; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; (xii) use automated scripts to collect information from or otherwise interact with the Site; and (xiii) use a false e-mail address or otherwise mislead as to the origin of a credit card or other content.
COSMOS retains the right, at our sole discretion, to terminate any accounts involved or associated with botnets and other related activities that attempt to or do take control of or redirect in any way the Site or any hosting servers. If any hostnames are used as command and control points for botnets, COSMOS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility or any other destination at our discretion and, where appropriate, to report such activity to appropriate law enforcement agencies.
Law Enforcement and Compliance with Laws
You are required to comply with all applicable laws and regulations in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from us. You represent and warrant that you will not use the Site for any purpose that is either unlawful or prohibited by this Agreement. COSMOS reserves the right to disclose any information about you or your use of the Site in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, subpoena, legal process or governmental request.
Members and User-Generated Content
If you do post or upload any Member Content to the Site, unless we indicate otherwise, you grant COSMOS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable and fully sublicensable right (including any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Member Content throughout the world in any media now known or hereafter invented for any and all business, marketing and other purposes relating to, concerning or for the benefit of COSMOS, its affiliates, New York Cosmos professional, exhibition and amateur soccer teams and players, and professional and amateur soccer leagues. COSMOS may use any ideas, concepts, know-how or techniques contained in Member Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using Member Content. COSMOS has no obligation to maintain any Member Content and may remove, refuse to post or edit any Member Content at any time in its sole discretion. You grant COSMOS and its affiliates and licensees the right to use the user name you submit in connection with such Member Content.
Without limiting your other obligations under these Terms, you represent and warrant that you own or otherwise control all of the rights to any Member Content that you post or upload, that such content is accurate, that use of such content does not violate any provisions of these Terms and will not cause injury to any person or entity. COSMOS has the right, but not the obligation, at any time to monitor and edit or remove, in whole or in part, any Member Content or other user generated activity or content. COSMOS takes no responsibility and assumes no liability for any Member Content posted by you or other content posted by any third party.
Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSMOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS SITE, INCLUDING WITHOUT LIMITATION ITS AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. COSMOS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SITE. COSMOS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND CONTENT PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THESE EXCLUSIONS ARE INAPPLICABLE.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT NEITHER COSMOS NOR ANY VENDOR OFFERING SERVICES THROUGH THE SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COSMOS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER BASED IN TORT, CONTRACT OR OTHERWISE), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY LINKS EMBEDDED WITHIN THE SITE; (ii) ANY TRANSACTION FOR MERCHANDISE OR SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS, POSTINGS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT SHALL COSMOS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE THROUGH THE SITE OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless COSMOS, its parents, subsidiaries, affiliates, officers and employees, from any claim or demand, and all resulting or incurred liabilities, damages, costs and expenses (including reasonable attorneys’ fees), made by any third party concerning, arising out of or relating to your use of the Site, your violation of these Terms, any direct or contributory infringement or violation by you of third party intellectual property, publicity, privacy or other rights, your use of your own or other user’s computers, networks or any portable electronic devices or smart phones to gain unauthorized access to or interfere with the operation of this Site in any manner, and your unlawful or unauthorized access to any portion of the Site or any server hosting the Site or storing any data emanating from the Site.
Governing Law and Jurisdiction
Our Site is operated from within the State of New York. As such, COSMOS is subject to the laws of the State New York, and such laws will govern these Terms, without giving effect to any choice of law rules. We make no representation that our Site and any Cosmos Content or other services are appropriate, legal or available for use in any location outside the United States and its Territories. You acknowledge and agree that you use and access the Site voluntarily. If you access the Site from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable to your use of the Site.
IN CONNECTION WITH ANY DISPUTE, CLAIM OR BREACH RELATING IN ANY WAY, ARISING OUT OF, OR CONCERNING THE SITE, YOUR AND ANY MEMBER’S USE OF THE SITE, THESE TERMS AND/OR THE RELATIONSHIP BETWEEN YOU AND COSMOS, YOU AND COSMOS AGREE TO (1) TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK, AND (2) WAIVE ANY AND ALL DEFENSES TO JURISDICTION AND VENUE IN SUCH COURTS, INCLUDING ANY DEFENSE OR OBJECTION BASED ON INCONVENIENT FORUM.
Special Notice for California Residents
Under California Civil Code Section 1789.3, California users of the Site are entitled to receive contact information in order to resolve a complaint regarding any services offered through the Site or to receive further information regarding use of any such service. Please submit any such complaints or questions to the following:
New York Cosmos LLC
75 Greene Street. 2nd Floor
New York, NY 10012
Attention: Mory Amaro
Currently there are no charges to the consumer for use of the Site, except for the cost of any products or services purchased on or through the Site and any applicable taxes, shipping fees and other charges associated with such purchases.
You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice and Procedure for Making Copyright Infringement Claims
COSMOS has a strict policy against the use of any materials or content that violate the copyright or other intellectual property rights of a third party. COSMOS reserves the right, in appropriate circumstances and in its discretion, to disable and/or terminate the accounts of Members who infringe the intellectual property rights of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), COSMOS has registered an agent with the U.S. Copyright Office to receive any notifications of claimed copyright infringements relating to any content or this Site (the “DMCA Agent”). Any such notifications must include the following information as required by the DMCA:
1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
2. Description of the specific copyrighted work(s) alleged to have been infringed.
3. Description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled. This must include a description of where the material claimed to be infringing is located on the Site.
4. Information reasonably sufficient to permit COSMOS to contact the complaining party, such as an address, telephone number and email address.
5. A statement that the complaining party has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement made under penalty of perjury that the information in the notification is accurate, that the complaining party is the copyright owner or is authorized to act on behalf of the copyright owner.
DMCA notifications that include the above-required information must be submitted via postal mail, fax or e-mail to the DMCA Agent as follows:
Mory Amaro, V.P. of Business Affairs
New York Cosmos LLC
75 Greene Street. 2nd Floor
New York, NY 10012
By Telephone: 212-369-7000
By Fax: (212) 343-3815
By Email: firstname.lastname@example.org
If any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that these Terms and any other agreements referenced herein may be assigned by COSMOS, in its sole discretion, to a third party in the event of a merger, acquisition or sale by COSMOS or its affiliates of all or a portion of its assets relating to the business involving the Site.
Our failure to enforce any provisions of these Terms or to respond to an alleged breach by you or other parties shall not in any way waive COSMOS’ right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
Any information supplied to you by of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Site, and shall not constitute legal, tax, business or other professional advice, for which you are solely responsible to obtain from your own advisors. We make no representations or warranties concerning any course of action taken by you or any other person following or otherwise using any information provided by our employees or agents, or made available on or through the Site.
No joint venture, partnership, employment or agency relationship exists between you and COSMOS as a result of these Terms and your use of the Site.
To report any violations of these Terms, please send us an email at: email@example.com.
Copyright © 2011 New York Cosmos LLC. All rights reserved worldwide.
Updated as of May 25, 2011.