Terms of Use

Cosmic Kayka, L.L.C. provides a highly empowering and engaging platform to both users and businesses comprising of this website and mobile apps that run on iPad, iOS and Android devices and tablets (referred to collectively as the “Platform”). The representatives, admins and other affiliates of business account or business partner (referred to collectively as “Business Users” or “Business Partner”) using the platform represent their business account while the users that are not associated with a business partner and are engaging with the platform for personal purposes (referred to as an “end user”) represent their personal account. By accessing or using the Platform, you are agreeing to comply with these Terms of Use, including any other documents, policies and guidelines incorporated by reference (referred to collectively as the “Terms”) and our Privacy Policy. If you do not agree and consent to these Terms, then you should not use the Platform and immediately discontinue use of the Platform. You are agreeing to the Terms and the privacy policy in their entirety by using our Platform.

1. Use of the Platform

Cosmic Kayka grants you a limited, revocable, nonexclusive license to use the Platform solely for your personal and commercial uses and/or to learn about our products and services. The license prohibits you from republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. This Platform contains material which is owned by or licensed to Cosmic Kayka. This material includes, but is not limited to, the concept, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.

2. Trademarks

The Platform pulls together users and businesses into a highly engaging platform and due to this nature, the Trademarks that are used or displayed in the Platform are owned by Cosmic Kayka, our business partners, or by third parties and are the property of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Platform without permission from the trademark owner, except as permitted by applicable law.

3. Copyright

The Platform and the content are protected by U.S. copyright laws, and belong to Cosmic Kayka or its partners, affiliates, contributors or third parties. You may download and reprint content for non-commercial, non-public, personal use only. If you are browsing this website as an employee or member of any business or organization, you may download and reprint content only for personal or non-commercial purposes within your business or organization, except as otherwise permitted by Cosmic Kayka or its partners, affiliates, contributors or third parties. You may not manipulate or alter in any way images or other content on the Platform.

4. Links to other platforms or websites

This Platform may contain links to other websites of interest. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Cosmic Kayka of the third party, the third-party website, or the information contained therein. Cosmic Kayka is not responsible for the availability of such website or the content thereon. If you use these links, you will leave this website, and will be subject to the terms of use and privacy policy applicable to those websites.

5. Disclaimer of Warranties

You expressly consent and agree to the following:

6. Limitations of Liability

You expressly consent and agree to the following:

7. Indemnification

You understand and consent that you are personally responsible for your behavior in the platform and that you agree to indemnify, defend and hold Cosmic Kayka, its officers, representatives, directors, investors, employees, partners, affiliates, suppliers, agents, licensors, joint ventures and any other parties, and their respective officers, representatives, directors, investors, partners, affiliates, suppliers, agents, licensors, employees harmless and against any and all claims, losses, damages, expenses and costs including but not limited to direct, indirect, incidental, consequential and exemplary, attorney fees, resulting from or arising out of your use, misuse, or ability or inability to use the platform or content or the services provided thereof or any violation of these Terms by you.

8. Enforcement

If a court of competent jurisdiction determines any part of these Terms to be invalid or unenforceable, it will not impact any other provision of these Terms, and those other provisions will remain in full force and effect. Any and all disputes relating to these Terms, Cosmic Kayka’s Privacy Policy, your use of the Platform, are governed by, and will be interpreted in accordance with, the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between Cosmic Kayka and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas.

9. Security

You are responsible for maintaining security of your platform login credentials and your devices you use to login to the platform. You are also responsible for creating login credentials that are strong and are difficult to guess. You are also responsible for any activities that occur using your login credentials.

10. General Provisions

Cosmic Kayka’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between Cosmic Kayka and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Cosmic Kayka may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of Cosmic Kayka. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to Cosmic Kayka’s platform within one year after it arises.

11. Acceptable Use Standards

The platform strives to empower communities and the lives of millions of people in those communities through everyone sharing information, expressing views and helping others in the communities. To help us provide and continue to provide such an empowering platform, you agree that you must adhere to strict acceptable use standards as listed below:

12. Reporting of violations of acceptable use standards

The platform users are encouraged to report any violations of the acceptable use standards either using the mechanisms in the platform (users can mark any violating content in the public social forums as such using appropriate reason) or by sending an email to customer.support@ckayka.com with subject “Violation of acceptable use standards” and ensure to list the details such as the a) violating user’s display name, name of the social forum, the few excerpt of the topic or comment, date and time of the topic or comment. We may request additional information from you to help locate the content in violation. The Cosmic Kayka’s team regards any violations of the acceptable use standards as a serious matter, reviews all reported incidents and takes swift action as applicable.

13. Termination or Suspension of Accounts

We reserve the right to terminate or suspend any user or business accounts indefinitely. Your personal or business account will be subjected to termination or indefinite suspension if the acceptable use standards are violated. Your personal account or business account may be subjected to termination or indefinite suspension if your account is past due or at Cosmic Kayka’s own discretion for any reason or no reason. You understand and agree to take full responsibility of resulting repercussions to your business due to termination or indefinite suspension of your account from the platform and that you are releasing Cosmic Kayka, and its officers, representatives, directors, investors, employees, partners, affiliates, suppliers, agents, licensors, and any other parties, and their respective officers, representatives, directors, investors, partners, affiliates, suppliers, agents, licensors, employees, from any and all claims, arising from your business or your business’s officers, representatives, directors, investors, employees, partners, affiliates, suppliers, agents, licensors, and any other parties, and their respective officers, representatives, directors, investors, partners, affiliates, suppliers, agents, licensors, employees.

14. Business Partner Responsibilities

A business partner may offer listing of products and/or services for sale within the platform. The business partner understands and consents to the following:

15. Cosmic Kayka Sale Transaction Fees and Account Payable Responsibilities

Cosmic Kayka settles all sale transaction proceeds less platform promotion fees and payment processing fees from the payment gateway or provider (such as PayPal, Braintree) to the Business Partner account within 10 business days after receipt of the money from the payment gateway or provider. The business partner shall make sure to have the correct bank routing and account numbers provisioned in their account.

16. Changes to Terms of Use

We reserve the right to revise and reissue this Terms of Use at any time. Any changes will be effective immediately upon posting of the revised terms of use. Subject to applicable law, your continued use of our service indicates your consent to the terms of use posted. If the changes are material, we may provide you additional notice, to your e-mail address.

17. Contact Us

Please contact us for any questions on our privacy policy at the following address:

     Cosmic Kayka, L.L.C.
     3010 LBJ Freeway, Suite 1200
     Dallas, TX 75234
     customer.support@ckayka.com