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Effective Date: 18th Mar 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.
This Terms of Service ("Agreement") is a legally binding agreement between COGNOSPHERE PTE. LTD. ("COGNOSPHERE,""We," "Our," or "Us") and you ("You" or "User"). This Agreement governs your use of or access to COGNOSPHERE SERVICES and/or any other online services related to such application provided by COGNOSPHERE and any of our authorized third parties (collectively, the "COGNOSPHERE SERVICES "), whether as a guest or a registered User.
PLEASE PAY MORE ATTENTION ABOUT THE LIMITATION OF LIABILITY CONTAINED IN SECTION 12 BELOW, WHICH IS RELATED TO MINORS.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF SERVICES WITHOUT SUPERVISION. PLEASE MAKE SURE THE POSITIVE USAGE OF YOUR CHILDREN, INCLUDING UNDERSTAND HOW TO USE APPLICATIONS/SERVICES SAFELY AND KEEP PERSONAL INFORMATION AS WELL.
"COGNOSPHERE SERVICES" refer to the PC or mobile applications or services that COGNOSPHERE has launched, being launched/tested or will launch.
COGNOSPHERE SERVICES (including but not limited to the whole software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any app-related services made available to you by COGNOSPHERE under this Agreement, and/or any copy of the foregoing.
By making a registration or application for the Account, downloading the COGNOSPHERE SERVICES, running the COGNOSPHERE SERVICES (including but not limited to updates, upgrades, and patches), browsing our websites, accessing various online operations or maintenance services, or otherwise accessing any services provided by COGNOSPHERE, you are deemed to have read, understood, and accepted all the terms of this Agreement.
COGNOSPHERE reserves the right to amend, modify, or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the COGNOSPHERE SERVICES shall constitute your acceptance to be bound by the newly updated Agreement.
If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to the COGNOSPHERE SERVICES in any way.
1. The Account
When using the COGNOSPHERE SERVICES, you can choose to log in through a COGNOSPHERE Account ("Account"), or just as a guest without any registration.
1) If you choose to log in, you are required to create or have an Account first.
To create an Account, you will be required to register as a User and accept the COGNOSPHERE Terms of Service. If you do not fully accept those terms, you will not be able to create an Account.
2) You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the COGNOSPHERE SERVICES.
When registering as a User ("User" or "Registered User") you must select a unique Username (or probably known as a "nickname") and set the password, and correctly provide other requested information.
You agree that you will:
1) Provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and
2) Maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date, and complete.
You cannot use a Username which is already allocated to another User, and the precondition to create or use COGNOSPHERE SERVICES is that you do not choose a Username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your Account and have the right to require your re-registration with a new acceptable Username if we consider that your Username (or its use) is offensive or otherwise breaches the User terms in any way.
3) You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal data.
4) You shall be responsible for keeping your Account secure and confidential (including but not limited to Usernames, passwords, or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.
5) Account is unique as well as important to each User. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other Users’ Account at any time. If you sell your Account or other related information, we reserve the right to take actions, including but not limited to directly or requiring account service provider to terminate your Account immediately without any refund.
6) We may terminate your Usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between COGNOSPHERE and you. Furthermore, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your Usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.
7) You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access to your Account, you may not claim compensation from COGNOSPHERE. Furthermore, in the event of theft, unauthorized use, or any other security breach pertaining to your Account, you may notify COGNOSPHERE immediately.
2. Rules of Usage
1) You acknowledge and agree that your use of the COGNOSPHERE SERVICES is also governed by the Privacy Policy which may be amended from time to time by COGNOSPHERE in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.
2) Subject to all applicable law (including US copyright law and DMCA), on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, COGNOSPHERE hereunder grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sub licensable right and license to install and use one copy of the software of COGNOSPHERE SERVICES solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.
3) You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the COGNOSPHERE SERVICES:
i. Post, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically, or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including the rights of privacy, publicity, or trade secrets) of COGNOSPHERE or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs, or applications that may cause an unfair competitive advantage;
v. Exploit, distribute, or publicly inform third parties of any app error, miscue, or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense, or otherwise use whole or part of COGNOSPHERE SERVICES and related contents, information, or elements for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works based on any of the COGNOSPHERE SERVICES;
viii. Use (or attempting to use) illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the COGNOSPHERE SERVICES without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs;
ix. Use, export, re-export, or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
4) You further confirm that your will respect local customs or practices and the use of the COGNOSPHERE SERVICES shall obey any applicable laws or local regulations. And you shall immediately stop using or accessing to the COGNOSPHERE SERVICES when local laws or local regulations so require.
5) Except as expressly authorized under this Agreement, you may not copy the whole or part of COGNOSPHERE SERVICES or any accompanying materials therein. Because the COGNOSPHERE SERVICES contains our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of the COGNOSPHERE SERVICES , (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose, or otherwise transfer any of our unpublicized information, and/or (c) subject to all applicable law (including US Copyright law and DMCA), not to make use of the COGNOSPHERE SERVICES except for your individual enjoyment and non-commercial purpose.
6) Except expressly authorized herein, any use of the whole or part of COGNOSPHERE SERVICES without our prior written consent, is strictly prohibited and the license granted herein will be terminated. COGNOSPHERE expressly reserves the right to deny anyone access to the COGNOSPHERE SERVICES at any time for any reason without prior notice. You further agree that COGNOSPHERE, without any liability, shall be entitled to suspend or terminate providing any of the COGNOSPHERE SERVICES or change the provided content at any time for any reason without prior notice.
7) We reserve the right, but are not obligated, to attention or be involved in disputes between Users. While we may choose to attention and take action upon inappropriate usage of application, chat or links in or to the COGNOSPHERE SERVICES. You are solely responsible for any interactions with other Users. By using the COGNOSPHERE SERVICES, you acknowledge and accept that at any time there may be language or material, accessible on or through the COGNOSPHERE SERVICES, that may be inappropriate, in particular for children, or otherwise offensive to some Users of any age, race, religion, gender. You agree that under no circumstances shall COGNOSPHERE be liable for any such inappropriate user behavior or language. COGNOSPHERE reserves the right to suspend or terminate your access to the COGNOSPHERE SERVICES and/or take other actions at the same time.
8) You further agree that COGNOSPHERE may not be liable for the behavior of any other Users or third parties, including but not limited to any third parties' websites or services linked on or through the COGNOSPHERE SERVICES.
3. Children
1) You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policies in your country/region undergo changes.
2) You represent that you are an adult in your country of residence (or the specified adult age in your jurisdiction) when using the COGNOSPHERE SERVICES. IF YOU ARE UNDER THE LEGAL ADULT AGE ("Minor" or "Child"), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
3) Subject to the laws, regulation, or rating system demands of your country of residence, minors may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of the COGNOSPHERE SERVICES by your Child, whether or not such use is authorized by you.
4. Ownership / Intellectual Property
1) COGNOSPHERE shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to the COGNOSPHERE SERVICES under this Agreement. You acknowledge that your use of the COGNOSPHERE SERVICES does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to any in-app rewards, achievements, characters, Virtual Currency, levels, and other services. You further acknowledge that any character data, app progress, app customization, and/or other data pertaining to your use of the COGNOSPHERE SERVICES may cease to be available to you at any time without prior notice in the sole discretion of COGNOSPHERE.
2) Any or all of the COGNOSPHERE SERVICES (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the COGNOSPHERE SERVICES (including but not limited to any content, websites, software, programs, tools, source codes, object codes, HTML, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, related documentation, and all other features contained in the COGNOSPHERE SERVICES are protected by applicable laws from unauthorized use.
3) You agree that any or all of the COGNOSPHERE SERVICES may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without COGNOSPHERE's express prior written permission. Any use of our copyrighted materials, including but not limited to making derivative works, requires the express prior written consent of COGNOSPHERE. Please note any unauthorized reproduction or redistribution of the COGNOSPHERE SERVICES shall be prohibited and may result in severe legal penalties.
4) COGNOSPHERE remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the COGNOSPHERE SERVICES. You acknowledge and agree that you may not have any right or interest as a result of using the COGNOSPHERE SERVICES, except explicitly granted to you under this Agreement.
5. Protection of Personal
Information
All the information collected from you is subject to local laws and COGNOSPHERE shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the COGNOSPHERE SERVICES shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, User has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see COGNOSPHERE’s Privacy Policy for more information regarding the collection and use of your information.
6. Inappropriate User Behavior
1) COGNOSPHERE holds you accountable for your own behavior and language, and encourages you to use the COGNOSPHERE SERVICES in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming to be our employee or disseminating false information either to COGNOSPHERE or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
2） You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards COGNOSPHERE or other Users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclose, furnish, disseminate or otherwise make any of our or other Users’ un-public information available to third-parties; and/or
vi. any other inappropriate behaviors or languages that may damage the reputation of COGNOSPHERE.
3) We reserve the right, but are not obligated, to attention or be involved in disputes between Users. Depending on the relevant situation, COGNOSPHERE may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting applications’ files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other Users, we will assist you in providing the necessary materials to defend your rights.
4) If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the COGNOSPHERE SERVICES or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior notice, suspend your access to the COGNOSPHERE Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.
7. Indemnification
You agree to defend, indemnify and hold COGNOSPHERE and/or its affiliates, employees, officers, managers, directors, and agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
1) Your access or use of the COGNOSPHERE SERVICES;
2) Your breach or alleged breach of any terms, conditions, obligations, representations, or warranties contained under this Agreement;
3) Any materials, User Contributions, User Content, or other information provided by you or on your behalf (if have);
4) Your violation of any applicable laws or third-parties' rights and interests; and/or
5) Your other illegal or inappropriate behavior.
8. Injunctive Relief
Without prejudice to any other rights or remedies that COGNOSPHERE may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, COGNOSPHERE shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which COGNOSPHERE may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from COGNOSPHERE.
9. Limitation of Liability
1) You agree that your use of the COGNOSPHERE SERVICES shall be at your own risk. COGNOSPHERE provides the COGNOSPHERE SERVICES on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable laws, COGNOSPHERE and/or its affiliates, employees, officers, managers, directors, and agents disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether COGNOSPHERE has been advised of the possibility of such liabilities.
2) COGNOSPHERE HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL, OR WRITTEN. COGNOSPHERE makes no warranties about the accuracy or completeness of the COGNOSPHERE SERVICES. Also, COGNOSPHERE assumes no liability or responsibility for:
i. Any errors, mistakes, or inaccuracies of the COGNOSPHERE SERVICES;
ii. Personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of the COGNOSPHERE SERVICES;
iii. Any interruption, suspension, or termination of the COGNOSPHERE SERVICES;
iv. Any bugs, viruses or similar links transmitted by third parties on or through the COGNOSPHERE SERVICES;
v. Any programs intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal information of you; and/or
vi. Any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
3) In no event shall COGNOSPHERE be liable to you or third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if COGNOSPHERE has been advised of the likelihood of such damages occurring.
4) COGNOSPHERE has no control over third party sites to which you may have access, including those sites which are linked to our websites. Therefore, COGNOSPHERE is not responsible for the content or function of any other websites, and disclaims any liability for any aspects of such third party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third party websites shall govern your use of such websites.
5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF COGNOSPHERE AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AND AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST COGNOSPHERE. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
10. Limitation on Claims
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the COGNOSPHERE SERVICES, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
11. Modification
COGNOSPHERE reserves the right to amend, modify, or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the COGNOSPHERE SERVICES and you agree to be bound by all amendments, modifications, and revisions. Your continued access to COGNOSPHERE SERVICES will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the COGNOSPHERE SERVICES, your license under this Agreement shall immediately terminate and you may immediately stop accessing to the COGNOSPHERE SERVICES.
12. Non-Waiver
No failure or delay on the part of COGNOSPHERE in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise of it or the exercise of any other right, power, or privilege.
13. Notices
To the maximum extent permitted by applicable laws, COGNOSPHERE may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the COGNOSPHERE SERVICES ) to the Users through one or more of the following, including but not limited to notice or announcement within the COGNOSPHERE SERVICES , page announcement on the COGNOSPHERE's websites, official channels, web site tips, mobile phone messages, email, or other contact information you provided to COGNOSPHERE.
Once any notice is dispatched or sent in any way listed above by COGNOSPHERE, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree, please inform COGNOSPHERE in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
14. Termination
Without limiting any other rights of COGNOSPHERE, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the COGNOSPHERE SERVICES from all devices on which you’ve installed and immediately stop your uses of the COGNOSPHERE SERVICES. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the COGNOSPHERE SERVICES in your possession.
Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of COGNOSPHERE and the authorization (if any) granted to COGNOSPHERE shall still remain in effect and survive the termination of this Agreement.
15. Severability
If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and shall remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of COGNOSPHERE.
16. Governing Law
1) This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and COGNOSPHERE shall be referred to China International Economic and Trade Arbitration Commission Hong Kong Arbitration Centre for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Shanghai, China. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
2) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
17. No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of COGNOSPHERE. Otherwise, COGNOSPHERE may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipients. Notwithstanding the foregoing, COGNOSPHERE shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
18. General
1) This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and COGNOSPHERE.
2) References to "include," "includes," and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
3) Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by, or is under common control with COGNOSPHERE PTE. LTD. hereto.
4) COGNOSPHERE may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
5) In addition to any other limitations which may be set forth herein, COGNOSPHERE may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of COGNOSPHERE, such as acts by governmental authorities, acts of God, or other events outside of the reasonable control of COGNOSPHERE.
6) You agree that COGNOSPHERE expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to the COGNOSPHERE SERVICES; to cease providing any services; and/or to change, add any portion of the COGNOSPHERE SERVICES.
7) You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
8) In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
19. Contact
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at: N0va_Desktop@hoyoverse.com.
COGNOSPHERE PTE. LTD.
Last Updated: 18th Mar 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY.
This Terms of Service ("Agreement") is a legally binding agreement between COGNOSPHERE PTE. LTD. ("COGNOSPHERE,""We," "Our," or "Us") and you ("You" or "User"). This Agreement governs your use of or access to COGNOSPHERE SERVICES and/or any other online services related to such application provided by COGNOSPHERE and any of our authorized third parties (collectively, the "COGNOSPHERE SERVICES "), whether as a guest or a registered User.
PLEASE PAY MORE ATTENTION ABOUT THE LIMITATION OF LIABILITY CONTAINED IN SECTION 12 BELOW, WHICH IS RELATED TO MINORS.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF SERVICES WITHOUT SUPERVISION. PLEASE MAKE SURE THE POSITIVE USAGE OF YOUR CHILDREN, INCLUDING UNDERSTAND HOW TO USE APPLICATIONS/SERVICES SAFELY AND KEEP PERSONAL INFORMATION AS WELL.
"COGNOSPHERE SERVICES" refer to the PC or mobile applications or services that COGNOSPHERE has launched, being launched/tested or will launch.
COGNOSPHERE SERVICES (including but not limited to the whole software and any content, component, element or feature involved therein), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any app-related services made available to you by COGNOSPHERE under this Agreement, and/or any copy of the foregoing.
By making a registration or application for the Account, downloading the COGNOSPHERE SERVICES, running the COGNOSPHERE SERVICES (including but not limited to updates, upgrades, and patches), browsing our websites, accessing various online operations or maintenance services, or otherwise accessing any services provided by COGNOSPHERE, you are deemed to have read, understood, and accepted all the terms of this Agreement.
COGNOSPHERE reserves the right to amend, modify, or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the COGNOSPHERE SERVICES shall constitute your acceptance to be bound by the newly updated Agreement.
If you do not agree to any term of this Agreement, please do not, either directly or indirectly, use or access to the COGNOSPHERE SERVICES in any way.
1. The Account
When using the COGNOSPHERE SERVICES, you can choose to log in through a COGNOSPHERE Account ("Account"), or just as a guest without any registration.
1) If you choose to log in, you are required to create or have an Account first.
To create an Account, you will be required to register as a User and accept the COGNOSPHERE Terms of Service. If you do not fully accept those terms, you will not be able to create an Account.
2) You may establish an Account only if you are a natural person and an adult in your country of residence and you are not an individual specifically prohibited by us from using the COGNOSPHERE SERVICES.
When registering as a User ("User" or "Registered User") you must select a unique Username (or probably known as a "nickname") and set the password, and correctly provide other requested information.
You agree that you will:
1) Provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and
2) Maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date, and complete.
You cannot use a Username which is already allocated to another User, and the precondition to create or use COGNOSPHERE SERVICES is that you do not choose a Username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your Account and have the right to require your re-registration with a new acceptable Username if we consider that your Username (or its use) is offensive or otherwise breaches the User terms in any way.
3) You agree to provide accurate and complete registration information, and you are not suggested to create an account name that reflects your real name or other personal data.
4) You shall be responsible for keeping your Account secure and confidential (including but not limited to Usernames, passwords, or other related account information). Also, you acknowledge that you shall be responsible for any and all behaviors performed and identified on or through your Account, whether or not authorized by you.
5) Account is unique as well as important to each User. You shall neither transfer or otherwise make your Account information available to third-parties, nor use other Users’ Account at any time. If you sell your Account or other related information, we reserve the right to take actions, including but not limited to directly or requiring account service provider to terminate your Account immediately without any refund.
6) We may terminate your Usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with any of the terms between COGNOSPHERE and you. Furthermore, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your Usership or Account, please contact our support service and we may terminate it as soon as reasonably practical after receiving your termination request.
7) You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access to your Account, you may not claim compensation from COGNOSPHERE. Furthermore, in the event of theft, unauthorized use, or any other security breach pertaining to your Account, you may notify COGNOSPHERE immediately.
2. Rules of Usage
1) You acknowledge and agree that your use of the COGNOSPHERE SERVICES is also governed by the Privacy Policy which may be amended from time to time by COGNOSPHERE in its sole discretion. You acknowledge and agree that the Privacy Policy is incorporated and a part of this Agreement.
2) Subject to all applicable law (including US copyright law and DMCA), on the condition that you agree to and continuously comply with this Agreement, and any other separate agreements or policies (if any) between you and us, COGNOSPHERE hereunder grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sub licensable right and license to install and use one copy of the software of COGNOSPHERE SERVICES solely for your own personal entertainment and non-commercial purpose on a device you legally own or control.
3) You acknowledge and confirm that you may not, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the COGNOSPHERE SERVICES:
i. Post, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically, or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including the rights of privacy, publicity, or trade secrets) of COGNOSPHERE or third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs, or applications that may cause an unfair competitive advantage;
v. Exploit, distribute, or publicly inform third parties of any app error, miscue, or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense, or otherwise use whole or part of COGNOSPHERE SERVICES and related contents, information, or elements for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works based on any of the COGNOSPHERE SERVICES;
viii. Use (or attempting to use) illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the COGNOSPHERE SERVICES without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs;
ix. Use, export, re-export, or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
4) You further confirm that your will respect local customs or practices and the use of the COGNOSPHERE SERVICES shall obey any applicable laws or local regulations. And you shall immediately stop using or accessing to the COGNOSPHERE SERVICES when local laws or local regulations so require.
5) Except as expressly authorized under this Agreement, you may not copy the whole or part of COGNOSPHERE SERVICES or any accompanying materials therein. Because the COGNOSPHERE SERVICES contains our proprietary information, you agree: (a) to hold in the strictest confidence all code and any technical elements of the COGNOSPHERE SERVICES , (b) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose, or otherwise transfer any of our unpublicized information, and/or (c) subject to all applicable law (including US Copyright law and DMCA), not to make use of the COGNOSPHERE SERVICES except for your individual enjoyment and non-commercial purpose.
6) Except expressly authorized herein, any use of the whole or part of COGNOSPHERE SERVICES without our prior written consent, is strictly prohibited and the license granted herein will be terminated. COGNOSPHERE expressly reserves the right to deny anyone access to the COGNOSPHERE SERVICES at any time for any reason without prior notice. You further agree that COGNOSPHERE, without any liability, shall be entitled to suspend or terminate providing any of the COGNOSPHERE SERVICES or change the provided content at any time for any reason without prior notice.
7) We reserve the right, but are not obligated, to attention or be involved in disputes between Users. While we may choose to attention and take action upon inappropriate usage of application, chat or links in or to the COGNOSPHERE SERVICES. You are solely responsible for any interactions with other Users. By using the COGNOSPHERE SERVICES, you acknowledge and accept that at any time there may be language or material, accessible on or through the COGNOSPHERE SERVICES, that may be inappropriate, in particular for children, or otherwise offensive to some Users of any age, race, religion, gender. You agree that under no circumstances shall COGNOSPHERE be liable for any such inappropriate user behavior or language. COGNOSPHERE reserves the right to suspend or terminate your access to the COGNOSPHERE SERVICES and/or take other actions at the same time.
8) You further agree that COGNOSPHERE may not be liable for the behavior of any other Users or third parties, including but not limited to any third parties' websites or services linked on or through the COGNOSPHERE SERVICES.
3. Children
1) You acknowledge that the BELOW STATEMENT would change at any time if any protection of Minors policies in your country/region undergo changes.
2) You represent that you are an adult in your country of residence (or the specified adult age in your jurisdiction) when using the COGNOSPHERE SERVICES. IF YOU ARE UNDER THE LEGAL ADULT AGE ("Minor" or "Child"), YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
3) Subject to the laws, regulation, or rating system demands of your country of residence, minors may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child to use an Account, you hereby agree to this Agreement on behalf of yourself and your Child, and you agree that you will be responsible for any use of the COGNOSPHERE SERVICES by your Child, whether or not such use is authorized by you.
4. Ownership / Intellectual Property
1) COGNOSPHERE shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to the COGNOSPHERE SERVICES under this Agreement. You acknowledge that your use of the COGNOSPHERE SERVICES does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to any in-app rewards, achievements, characters, Virtual Currency, levels, and other services. You further acknowledge that any character data, app progress, app customization, and/or other data pertaining to your use of the COGNOSPHERE SERVICES may cease to be available to you at any time without prior notice in the sole discretion of COGNOSPHERE.
2) Any or all of the COGNOSPHERE SERVICES (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the COGNOSPHERE SERVICES (including but not limited to any content, websites, software, programs, tools, source codes, object codes, HTML, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, related documentation, and all other features contained in the COGNOSPHERE SERVICES are protected by applicable laws from unauthorized use.
3) You agree that any or all of the COGNOSPHERE SERVICES may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without COGNOSPHERE's express prior written permission. Any use of our copyrighted materials, including but not limited to making derivative works, requires the express prior written consent of COGNOSPHERE. Please note any unauthorized reproduction or redistribution of the COGNOSPHERE SERVICES shall be prohibited and may result in severe legal penalties.
4) COGNOSPHERE remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the COGNOSPHERE SERVICES. You acknowledge and agree that you may not have any right or interest as a result of using the COGNOSPHERE SERVICES, except explicitly granted to you under this Agreement.
5. Protection of Personal
Information
All the information collected from you is subject to local laws and COGNOSPHERE shall try its best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of the COGNOSPHERE SERVICES shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, User has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see COGNOSPHERE’s Privacy Policy for more information regarding the collection and use of your information.
6. Inappropriate User Behavior
1) COGNOSPHERE holds you accountable for your own behavior and language, and encourages you to use the COGNOSPHERE SERVICES in a healthy and civilized manner, and strictly prohibits you from any improper or objectionable behaviors. You are prohibited from, in any way, claiming to be our employee or disseminating false information either to COGNOSPHERE or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attacking, threatening or insulting towards a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
2） You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards COGNOSPHERE or other Users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclose, furnish, disseminate or otherwise make any of our or other Users’ un-public information available to third-parties; and/or
vi. any other inappropriate behaviors or languages that may damage the reputation of COGNOSPHERE.
3) We reserve the right, but are not obligated, to attention or be involved in disputes between Users. Depending on the relevant situation, COGNOSPHERE may take action, including but not limited to, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, deleting applications’ files or otherwise take actions in our sole discretion. We reserve and maintain the final rights to interpret and take actions according to relevant circumstances of your inappropriate behaviors. If your rights are violated by other Users, we will assist you in providing the necessary materials to defend your rights.
4) If you breach this Agreement or upon any user behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the COGNOSPHERE SERVICES or otherwise inappropriate or objectionable to a portion or group of the public, we shall be entitled to, without prior notice, suspend your access to the COGNOSPHERE Services for an indefinite period of time, block your Account, terminate your access to our services and/or terminate this Agreement immediately without prior notice.
7. Indemnification
You agree to defend, indemnify and hold COGNOSPHERE and/or its affiliates, employees, officers, managers, directors, and agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
1) Your access or use of the COGNOSPHERE SERVICES;
2) Your breach or alleged breach of any terms, conditions, obligations, representations, or warranties contained under this Agreement;
3) Any materials, User Contributions, User Content, or other information provided by you or on your behalf (if have);
4) Your violation of any applicable laws or third-parties' rights and interests; and/or
5) Your other illegal or inappropriate behavior.
8. Injunctive Relief
Without prejudice to any other rights or remedies that COGNOSPHERE may have, you acknowledge and agree that in the event of any threatened or actual breach of this Agreement, COGNOSPHERE shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which COGNOSPHERE may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from COGNOSPHERE.
9. Limitation of Liability
1) You agree that your use of the COGNOSPHERE SERVICES shall be at your own risk. COGNOSPHERE provides the COGNOSPHERE SERVICES on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable laws, COGNOSPHERE and/or its affiliates, employees, officers, managers, directors, and agents disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether COGNOSPHERE has been advised of the possibility of such liabilities.
2) COGNOSPHERE HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL, OR WRITTEN. COGNOSPHERE makes no warranties about the accuracy or completeness of the COGNOSPHERE SERVICES. Also, COGNOSPHERE assumes no liability or responsibility for:
i. Any errors, mistakes, or inaccuracies of the COGNOSPHERE SERVICES;
ii. Personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of the COGNOSPHERE SERVICES;
iii. Any interruption, suspension, or termination of the COGNOSPHERE SERVICES;
iv. Any bugs, viruses or similar links transmitted by third parties on or through the COGNOSPHERE SERVICES;
v. Any programs intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal information of you; and/or
vi. Any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
3) In no event shall COGNOSPHERE be liable to you or third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if COGNOSPHERE has been advised of the likelihood of such damages occurring.
4) COGNOSPHERE has no control over third party sites to which you may have access, including those sites which are linked to our websites. Therefore, COGNOSPHERE is not responsible for the content or function of any other websites, and disclaims any liability for any aspects of such third party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third party websites shall govern your use of such websites.
5) THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF COGNOSPHERE AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AND AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOUR MAKING A CLAIM AGAINST COGNOSPHERE. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
10. Limitation on Claims
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or the COGNOSPHERE SERVICES, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
11. Modification
COGNOSPHERE reserves the right to amend, modify, or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the COGNOSPHERE SERVICES and you agree to be bound by all amendments, modifications, and revisions. Your continued access to COGNOSPHERE SERVICES will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the COGNOSPHERE SERVICES, your license under this Agreement shall immediately terminate and you may immediately stop accessing to the COGNOSPHERE SERVICES.
12. Non-Waiver
No failure or delay on the part of COGNOSPHERE in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise of it or the exercise of any other right, power, or privilege.
13. Notices
To the maximum extent permitted by applicable laws, COGNOSPHERE may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the COGNOSPHERE SERVICES ) to the Users through one or more of the following, including but not limited to notice or announcement within the COGNOSPHERE SERVICES , page announcement on the COGNOSPHERE's websites, official channels, web site tips, mobile phone messages, email, or other contact information you provided to COGNOSPHERE.
Once any notice is dispatched or sent in any way listed above by COGNOSPHERE, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree, please inform COGNOSPHERE in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
14. Termination
Without limiting any other rights of COGNOSPHERE, this Agreement will terminate automatically without prior notice if you fail to comply with any term or condition of this Agreement or any agreements or policies referred herein. You may also terminate this Agreement by deleting the COGNOSPHERE SERVICES from all devices on which you’ve installed and immediately stop your uses of the COGNOSPHERE SERVICES. Upon any termination, you shall no longer exercise any of the rights granted to you and you must destroy all copies of the COGNOSPHERE SERVICES in your possession.
Despite the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of COGNOSPHERE and the authorization (if any) granted to COGNOSPHERE shall still remain in effect and survive the termination of this Agreement.
15. Severability
If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and shall remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of COGNOSPHERE.
16. Governing Law
1) This Agreement shall be governed by and construed under the laws of Hong Kong excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and COGNOSPHERE shall be referred to China International Economic and Trade Arbitration Commission Hong Kong Arbitration Centre for arbitration which shall be conducted in accordance with such commission’s arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Shanghai, China. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
2) SUBJECT TO APPLICABLE LAWS AND REGULATIONS, BOTH PARTIES CONFIRM THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.
17. No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of COGNOSPHERE. Otherwise, COGNOSPHERE may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipients. Notwithstanding the foregoing, COGNOSPHERE shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
18. General
1) This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and COGNOSPHERE.
2) References to "include," "includes," and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
3) Affiliate in this Agreement shall mean an entity that directly or indirectly controls, or is controlled by, or is under common control with COGNOSPHERE PTE. LTD. hereto.
4) COGNOSPHERE may translate this Agreement into other languages. If there is any difference between the English version and other language versions, then the English version, subject to applicable laws and regulations, shall prevail.
5) In addition to any other limitations which may be set forth herein, COGNOSPHERE may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of COGNOSPHERE, such as acts by governmental authorities, acts of God, or other events outside of the reasonable control of COGNOSPHERE.
6) You agree that COGNOSPHERE expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone using or accessing to the COGNOSPHERE SERVICES; to cease providing any services; and/or to change, add any portion of the COGNOSPHERE SERVICES.
7) You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
8) In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
19. Contact
If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at: N0va_Desktop@hoyoverse.com.
COGNOSPHERE PTE. LTD.
Last Updated: 18th Mar 2022