Terms - Cosmic Gifts by HAPSAI

TERMS OF USE

Last updated 2023 September 15

AGREEMENT TO OUR LEGAL TERMS

We are HAPSAI doing business as Cosmic Gifts and Collectibles (“Company,” “we,” “us,” “our”).

We operate , as well as any other related products and services that refer or link to

these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at support@cosmicgifts.net.

These Legal Terms constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”), and HAPSAI, concerning

your access to and use of the Services. You agree that by accessing the Services,

you have read, understood, and agreed to be bound by all of these Legal Terms. IF

YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the

Services from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to

these Legal Terms at any time and for any reason. We will alert you about any

changes by updating the “Last updated” date of these Legal Terms, and you waive

any right to receive specific notice of each such change. It is your responsibility to

periodically review these Legal Terms to stay informed of updates. You will be subject

to, and will be deemed to have been made aware of and to have accepted, the

changes in any revised Legal Terms by your continued use of the Services after the

date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or

use would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Services from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual propertyWe are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the “Content”), aswell as the trademarks, service marks, and logos contained therein (the “Marks”).Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.The Content and Marks are provided in or through the Services “AS IS” for yourpersonal, non-commercial use or internal business purpose only.

Your use of our ServicesSubject to your compliance with these Legal Terms, including the “PROHIBITEDACTIVITIES” section below, we grant you a non-exclusive, non-transferable,revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have

properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:privacy@cosmicgifts.net. If we ever grant you the permission to post, reproduce, or publiclydisplay any part of our Services or Content, you must identify us as the owners orlicensors of the Services, Content, or Marks and ensure that any copyright orproprietary notice appears or is visible on posting, reproducing, or displaying ourContent.

We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.

Your submissionsPlease review this section and the “PROHIBITED ACTIVITIES” section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services (“Submissions”), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.

You are responsible for what you post or upload: By sending us Submissionsthrough any part of the Services you:

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legalcapacity and you agree to comply with these Legal Terms; (2) you are not a minor inthe jurisdiction in which you reside; (3) you will not access the Services throughautomated or non-human means, whether through a bot, script or otherwise; (4) youwill not use the Services for any illegal or unauthorized purpose; and (5) your use ofthe Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1Å~1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you

with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or on the Services, including but

not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Services and through third-party

websites. When you create or make available any Contributions, you thereby

represent and warrant that:

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any informationand personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations

of these Legal Terms; (2) take appropriate legal action against anyone who, in our

sole discretion, violates the law or these Legal Terms, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the

Services or otherwise disable all files and content that are excessive in size or are in

any way burdensome to our systems; and (5) otherwise manage the Services in a

manner designed to protect our rights and property and to facilitate the proper

functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENTOR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, INOUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services. We will not be liable to you orany third party for any modification, price change, suspension, or discontinuance ofthe Services.

We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of

Canada.HAPSAI and yourself irrevocably consent that the courts of

Ontario, Canada shall have exclusive jurisdiction to resolve any dispute which may arise

in connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a “Dispute” and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least 30 days before initiatingarbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including anyquestion regarding its existence, validity, or termination, shall be referred to andfinally resolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be 3. The seat, or legal place, orarbitration shall be Toronto, Canada. The language of the proceedings shall beEnglish. The governing law of these Legal Terms shall be substantive law ofCanada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.

12. CORRECTIONS

There may be information on the Services that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Services at any time,

without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE

CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE

SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR

ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE

SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO

OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE

VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR

ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US

STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON

IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN

DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE

DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE

ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the Services; (2) breach of these Legal Terms; (3) any breach of your

representations and warranties set forth in these Legal Terms; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Services with whom you

connected via the Services. Notwithstanding the foregoing, we reserve the right, at

your expense, to assume the exclusive defense and control of any matter for which

you are required to indemnify us, and you agree to cooperate, at your expense, with

our defense of such claims. We will use reasonable efforts to notify you of any such

claim, action, or proceeding which is subject to this indemnification upon becoming

aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of

managing the performance of the Services, as well as data relating to your use of the

Services. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Services. You agree that we shall have no liability to you for

any loss or corruption of any such data, and you hereby waive any right of action

against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and

you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Services, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE

USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER

RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND

RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an

original signature or delivery or retention of non-electronic records, or to payments or

the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services

or in respect to the Services constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of these

Legal Terms shall not operate as a waiver of such right or provision. These Legal

Terms operate to the fullest extent permissible by law. We may assign any or all of

our rights and obligations to others at any time. We shall not be responsible or liable

for any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal Terms is

determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Legal Terms and does not affect the

validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us as a

result of these Legal Terms or use of the Services. You agree that these Legal Terms

will not be construed against us by virtue of having drafted them. You hereby waive

any and all defenses you may have based on the electronic form of these Legal

Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:

support@cosmicgifts.net

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