Cosrater.com.com is a site for costume play photo rating and interpersonal contacts, accessible to the general public and Registrants via the Internet. Our services may only be used by individuals who are able to form legally binding contracts under the laws of the United States. Cosrater.com reserves the right to cancel a registration or the access of any Registrant of the general public for any reason and at any time. All users of this website do so at their own risk and Cosrater.com, its agents, employees and owners bear no responsibility for damages from claims asserted by Registrants, users and third parties resulting from use of the website. The website is merely a conduit of information and does not create any original profiles, data or photos of users and is not liable for contents submitted by users and third parties.
After acceptance, the Registrant may access the services available on this site subject to the following conditions:
1. The Registrant is solely responsible for any information included in your profile and for all communications with the other Registrants ("Registrants") to Cosrater.com. If the Registrant chooses to publish a profile and photo, they ensure that the data reported is correct, truthful, the photos are of Registrant and Registrant is aware and accepts that this information can be viewed by anyone with access to the site; in practice, Cosrater.com is not able to manage or control the use of the site.
By submitting any content (including without limitation your photograph) to our Site, you automatically grant the rights in the pictures to Cosrater.com, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
Accordingly, you agree to accept sole responsibility for the legality of your and the viewers actions in accordance with the laws of the United States including any liability you may have to third parties for inappropriately appropriating the image of data of a third party. Every other Registrant is also bound by this agreement, you agree and accept sole responsibility for the legality of their actions. Cosrater.com, its agents, employees and owners accept no responsibility for the illegal actions of any of its Registrants.
2. It is not permissible to use the Website to post or transmit offensive or sexually explicit material (including language and images).
3. You may not harass other Registrants, insisting on contact with a person who has clearly asked you to close the communication or not responded. The Registrant is responsible and ensures that its behavior towards other Registrants will be legal and complies with all provisions of the law, to the point that if their behavior (or comment or photo or other writing) does not comply with the provisions of United States law or any provision of this agreement, Registrant agrees to hold Cosrater.com, it's employees or owners harmless and waives their right to make any claim or seek damages via lawsuits or otherwise against Cosrater.com, it's agents, employees or owners.
Cosrater.com provides its users the ability to block contact by certain Registrants (Black List) or to report any action not appreciated by other Registrants in their regard. In this case, Cosrater.com will ascertain offenses and carry out the cancellation of registration, and reserves the right to report any violations to appropriate United States authorities.
4. Cosrater.com reserves the right to:
(a) Suspend or terminate any Registrant who violates these terms and conditions in cases where a Registrant is suspected of being, or actually is (through conviction or in any other way), engaged in any fraudulent activity, using a third party's photo or identity or involved in any criminal activity involving the service, or at any other time, with or without cause, and in its absolute discretion. If Cosrater.com were to suspend or cancel the Registrant for any reason, Cosrater.com accepts no responsibility for such false identity, data, comment or any other writing. The Registrant waives all rights or claims that he or she might have against Cosrater.com, it's employees or owners regarding such conduct. Registrant Agrees that
(b) Delete a profile or photo when deemed, in its sole opinion, unfit for publication. Cosrater.com also forbids the creation of fake profiles of Registrants, vulgar photographs, patently false, or those photos or profiles which do not conform to moral or ethical spirit of the site. Without limiting any other legal remedy, Cosrater.com may remove all or part of a Profile posted on his site in the following cases:
(1) If Cosrater.com receives a request from any Governmental, Administrative or Judicial body.
(2) On any other occasion, with or without cause, and absolute discretion of Cosrater.com.
(c) Cosrater.com has no responsibility for any information or materials posted or transmitted through the service.
(d) Cosrater.com holds the right to amend these terms and conditions at any time by posting amended terms on its website. From that time, all Registrants will be bound by the amended terms and this agreement may not be otherwise amended.
(e) Cosrater.com reserves the right to disable the profiles that are not used by the Registrant for more than six months; the date taken into consideration to calculate this period is the last connection to the site.
(f) Despite the fact that these terms and conditions specify behavior considered unacceptable, Cosrater.com is not responsible for ensuring that these conditions are followed.
(g) In no event shall Cosrater.com be liable for any incidental, consequential or incidental damages arising from use of the service or website. In addition, Cosrater.com declines any responsibility for the acts or omissions of other Registrants or users.
5. Cosrater.com also makes the Registrant aware that there is the risk of Internet users in the United States and other countries may represent themselves falsely or with criminal intent.
6. Authentification of the identity an Internet user is difficult. Consequently, Cosrater.com can't confirm, and does not confirm that each Registrant or user is who they claims to be. Therefore, the Registrant must exercise caution when interacting with other Registrants or users. In no event shall Cosrater.com be liable damages, claims or otherwise which result from contacts between users and Registrants.
The site allows contact between Registrants on via the website which is protected by password; each Registrant then privately manages your own messages, both sent and received, and is solely responsible for their content. Thus any contact, outside of the website, is agreed upon privately among Registrants, and the Registrants assume all responsibility for the results of this contact outside of the website.
7. Since Cosrater.com may not be involved, is not involved, and does not interfere in the activities and communications between Registrants, in the case of a conflict between two Registrants, they must resolve their dispute with appropriate third party authorities. Registrant waives any claim to compensation and liability on the part of Cosrater.com and its agents, employees or owners, for any requests for compensation, lawsuits, damages (direct and indirect) of any nature, alleged and not proven or otherwise, resulting from or in any case connected with any such disagreement or use of the website.
8. You the Registrant are solely responsible for the information you provide for your profile, and Cosrater.com acts as a passive conduit for the dissemination and publication of data on-line.
9. The Registrant must ensure that their data, profile, comments and photos:
(a) are defamatory, libelous, abusive, illegal, threatening, or that constitutes harassment.
(b) are not obscene and do not contain pornography.
10. Miscellaneous Terms & Conditions:
(a) This Agreement shall be governed by and construed in accordance with the laws of the Colorado, United States.
(b) If any provision is held invalid or unenforceable, that provision will be removed and the remaining provisions will remain in effect.
(c) A lack of Cosrater.com to act in a given circumstance in relation to a breach of this agreement by Registrant does not mean an acceptance of that offense or infringement.
(d) The Registrant will comply with laws in force in the country of use of the services. of third parties; Users are banned from using Cosrater.com for professional or commercial purposes such as searching for customers, soliciting, prostitution, pedophilia and any type of business, legal or illegal; is defamatory, obscene, offensive, violent or inciting others to violent or political.
(e) Note that the system records your IP Registration.
(f) Accepting the terms and conditions of use, by submitting the registration, and using our service, the Registrant specifically approves all clauses of this agreement, and is aware that our software is programmed to allow access to the site and the same only to those who have expressly accepted the agreement at the time of registration.
11. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
12. BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing our Site.
13. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if and how we wish to settle it.
17. COPYRIGHT POLICY
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please send us your notice of infringement by following the instructions provided.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
19. ARBITRATION AND CLASS ACTION WAIVER
Any Dispute arising out of or relating to these Terms and Conditions may be resolved through binding arbitration in accordance with the terms of this Arbitration Provision at either your or Cosrater.com's election, unless otherwise prohibited by law. The term "Dispute" means any dispute, claim or controversy regarding any aspect of your relationship with Cosrater.com that has accrued or may hereafter accrue, whether based in contract, statute, regulation, tort (including without limitation claims arising from or pertaining to misrepresentation or negligence), and includes the validity and enforceability of this Arbitration Provision (with the exception of the enforceability of section (b) of the Restrictions clause provided below). Arbitration means that you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
RIGHT TO OPT OUT: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COSRATER.COM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVED NOTICE OF THE ARBITRATION PROVISION. YOUR WRITTEN NOTIFICATION TO COSRATER.COM MUST INCLUDE YOUR NAME AND ADDRESS AND USER ID AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COSRATER.COM THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH COSRATER.COM AND YOUR USE OF THE SERVICE.
Initiation of Arbitration: All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Forum rules.
In the event of a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision will govern. If the arbitration organization will not enforce this Arbitration Provision, it cannot serve as the arbitration organization to resolve your dispute. If the arbitration organization above is not available or permitted to arbitrate the Dispute for any reason, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, they shall mutually petition a court of appropriate jurisdiction to appoint a substitute arbitration organization that will enforce this Arbitration Provision as written.
a. UNLESS OTHERWISE REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS
GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE.
b. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OR OTHER SIMILARLY SITUATED PERSONS UNLESS THAT STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
c. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH COSRATER.COM UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
Location of Arbitration: The arbitration will take place in Denver, Colorado.
Severability: If any clause within this Arbitration Provision other than the class action waiver clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
Exclusions from Arbitration: You and Cosrater.com agree that any claim filed by you or by Cosrater.com that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims shall not be subject to arbitration. Notwithsatnding the foregoing, Cosrater.com reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Continuation: This Arbitration Provision will survive the termination of your Service with Cosrater.com.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Cosrater.com to pursue legal action to enforce these Terms, you will be liable to pay Cosrater.com the following amounts as liquidated damages, which you accept as reasonable estimates of Cosrater.coms' damages for the specified breaches of these Terms:
a. If you make a post that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Cosrater.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If you send unsolicited email advertisements to Cosrater.com email addresses, to other Registrants or through Cosrater.com computer systems, you agree to pay Cosrater.com twenty five dollars ($25) for each such email.
c. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Cosrater.com's express written permission, you agree to pay Cosrater.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Cosrater.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Cosrater.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.