Terms and Conditions
Acceptance of Terms
Welcome to cosmicmedia.co.uk ("site"). The site is operated by Indio Internet. ("Indio Internet"). Cosmic Media provides this site to you subject to the terms contained in this document ("Agreement"). If you do not agree with any of the terms of this Agreement, do not access or otherwise use this site or any information contained on this site. Your use of this site shall be deemed to be your agreement to abide by each of the terms set forth below. Cosmic Media can change this Agreement at any time by posting an updated user agreement on this site and Cosmic Media may send registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using this site. If you do not cease using this site, you will be conclusively deemed to have accepted the change. If you have any questions about the Agreement, you may contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
User Account, Password, and Security
You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Cosmic Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cosmic Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
User Conduct
In using this Site, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or design that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
- frame or link to the Site except as permitted in writing by Cosmic Media;
- incorporate images or names that would violate a person's right of privacy or publicity.
You acknowledge that Cosmic Media does not pre-screen submitted Content, but that Cosmic Media and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Cosmic Media may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, Cosmic Media and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Cosmic Media. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, Cosmic Media. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Cosmic Media nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Cosmic Media's production of any product depicting your Content does not indicate that Cosmic Media approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
Privacy Policy
No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Cosmic Media 's express written consent.
Terms & Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or, use of the services or, where relevant, when you click on the ["I Accept" button] when registering as a user and will remain in force for so long as you use this Site or are otherwise a registered user.
You agree that Cosmic Media, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Cosmic Media may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Cosmic Media may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Cosmic Media shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. You may terminate your account at any times, for any reason or no reason, without explanation, effective upon sending a written notice to us. Such a notice may be sent in the form of an email to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
when you send such a notice to Cosmic Media.
Links
The Site may provide, or third parties may provide, links to other websites or resources. Because Cosmic Media has no control of such sites and resources, you acknowledge and agree that Cosmic Media is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Cosmic Media is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Public Reputation
You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to Cosmic Media's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Cosmic Media, in a public setting, including on the Internet, in a way which disparages Cosmic Media, Cosmic Media's board members, employees, shareholders or partners, Cosmic Media reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under UK law.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in UK pounds sterling. Prices and products may change at Cosmic Media's discretion. Title and risk of loss for all products ordered by you shall pass to you on Cosmic Media's shipment to the shipping carrier. Purchases are subject to Cosmic Media's Return Policy. Cosmic Media reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
Age Restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
Correction of Errors and Inaccuracies
We will use reasonable endeavours to ensure that the information on the Site is accurate, but the information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We make no representation or warranty that any information is accurate, complete, or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
Your use of the site is at your sole risk. This site and the information, services, products, programs and materials available through it are provided on an "as is" and "as available" basis.
To the fullest extent permissible pursuant to applicable law, Cosmic Media and its affiliates (save as expressly provided in this agreement) does not make or grant (and expressly excludes) all representations, warranties, conditions or other terms of any kind whether express or implied, statutory or otherwise, in respect of the site or the services provided by Cosmic Media, including but not limited to any implied representations, warranties, conditions or other terms of merchantability, satisfactory quality, or fitness for a particular purpose.
Cosmic Media does not make any representations, warranties, conditions or other terms that (a) the site or its content will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (d) that defects, if any, will be corrected. you agree that Cosmic Media shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein.
You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that Cosmic Media does not control in any respect any information, products, or services offered by third parties on or through this site. except as otherwise agreed in writing, Cosmic Media and its affiliates assume no responsibility for and make no warranty, representation, condition or other term as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.
You acknowledge that Cosmic Media makes no warranty, representation, condition or other terms that confidentiality of information transmitted through this site will be maintained.
No advice or information, whether oral or written, obtained by you from Cosmic Media or through or from the site shall create any warranty not expressly stated in the Agreement.
LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude Cosmic Media's liability for: (i) death or personal injury arising from Cosmic Media's negligence; or (ii) fraud or fraudulent misrepresentation.
In no event shall Cosmic Media or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Cosmic Media or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, nor in respect of damages for loss of profits, goodwill, use, data or other intangible losses (even if Cosmic Media has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the site; (b) 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 the site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the site or (e) any other matter relating to the site.
SEVERABILITY
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
GENERAL
These terms and conditions shall be governed by and construed in accordance with English law and that any dispute arising out of or relating to this Agreement, the Site or the services will be subject to the exclusive jurisdiction on the English Courts. This Agreement does not create any rights under the Contract (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement. Cosmic Media may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Cosmic Media's failure to act with respect to a breach by you or others does not waive Cosmic Media's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement and the Associate Agreement constitutes the entire agreement between you and Cosmic Media, and supercedes all other communications, written or oral, with regard to the Site and services provided by Cosmic Media. Both you and we acknowledge and agree that in entering into this Agreement and any documents referred to in it, neither relies on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in this Agreement. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract under the terms of this Agreement or such other remedies available under the law governing this Agreement. Unless otherwise explicitly stated, the terms of this Agreement which by their nature should continue after termination will survive the termination of your registration to the Site.