Non Subscription Agreement
Welcome to the Cosmic fans and thank you for your interest in using our services and products. The Cosmic fans website (the 'Website') is designed to bring you information and instruction about prop manipulation, fire spinning practices and dance, and to bring together a global community of people interested in these practices. This Website is not directed to persons under eighteen (18) years of age.
This Website is owned by Daria Makeeva. The terms and conditions apply to all products, services, applications, and websites offered by Daria Makeeva and Cosmic fans. Note that the representations or availability of content by Daria Makeeva or the Website on a social networking site does not indicate any relationship or affiliation between Cosmic fans and such social networking site.
Please review the Agreement carefully before using the Website and before purchasing products or services or obtaining content from the Website.
The Terms and Conditions of Use Agreement (the 'Agreement') create legally binding terms for the use of the Website, as a member or as a visitor to the Website. By using the Website, you agree to be bound by this Agreement. If you do not accept the Agreement, you should leave the Website and/or discontinue your membership.
GENERAL REGISTRATION REQUIREMENTS
You must read the agreement and indicate your acceptance during the registration process. In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and not a person prohibited from the use of the Website services.
You must also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website, and maintain and promptly update your information so that is it to remain true, accurate, current and complete. If you do not provide such information, the Website reserves the right to suspend or terminate your account and refuse any use of the Website services.
Content on the Website is information provided for personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Cosmic fans. Cosmic fans reserves all rights not expressly granted in and to the Website and content.
You may access the Website and content:
- for your information and personal use.
- as intended by Cosmic fans in the normal function of the Website.
- for Streaming. Streaming is a method of transmitting or receiving data over a computer network as a steady, continuous flow, allowing playback to start while the rest of the data is still being received. The data is intended for real-time viewing and not intended to be copied, stored, or permanently downloaded, or redistributed by the viewer. Accessing the Website content in any way other than Streaming is strictly prohibited.
By accepting the Agreement, you understand that recording of the online classes is strictly prohibited. You agree not to reproduce, sell, share or distribute any recordings of the online dance classes.
The Website includes instruction about prop manipulation, fire spinning practices, and dancing. By accepting the Agreement, you recognise that dance classes require physical exertion that may be strenuous and may cause physical injury, and are fully aware of the risks and hazards involved. You understand that is it your responsibility to consult with a qualified medical practitioner prior to and regarding your participation in the Website. You represent and warrant that you are physically fit and have no medical condition that would prevent your participation in the Website.
By accepting the agreement, you recognise that fire spinning is an inherently dangerous activity. While Cosmic fans provides instruction about fire spinning practices, they do not assume responsibility for any injuries that may occur when you take part in fire spinning. Daria Makeeva and Cosmic fans provide a guide to fire safety procedures but do not guarantee or ensure your safety even if all fire safety procedures are followed. By accepting the Agreement, you assume sole responsibility for the inherent risks involved in fire spinning and/or taking part in fire spinning practices. You understand that it is your sole responsibility to abide by fire safety procedures, and that even if all fire safety procedures are followed, you are still at risk due to the dangerous nature of fire spinning.
It is your responsibility to assess your physical and mental capabilities for practicing prop manipulation, fire spinning practices, and dancing. It is your responsibility to select the appropriate level of classes and exercises offered for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. By using the Website and accepting the Agreement, you understand that the instructors that offer classes on the Website are not medical professionals, and it is your sole responsibility to determine whether any instruction or use of equipment is appropriate for your level of ability and physical and mental condition.
By accepting the Agreement, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in any of the activities the Website provides instruction on. You knowingly, voluntarily, and expressly waive any claim you may have against Daria Makeeva, Cosmic fans and/or its agents for damages and/or injury that you sustain as a result of participating any of the activities the Website provides instruction on. Your heirs or legal representatives forever release, waive, discharge and covenant not to sue Daria Makeeva, Cosmic fans and/or its agents for injury or death caused by their negligence or other acts.
The Website content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Cosmic fans that you are representing that you are eighteen (18) years of age or older.
If you register an account with the Website, you will be required to choose a password and user name, and you may be asked for additional information such as your email address. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all actions taken under your account. You agree to immediately notify the Daria Makeeva and Cosmic fans of any unauthorised use of your account or any other breach of security, and ensure you log out from your account at the end of each session. You may never use Member's account without prior authorisation from the Website. Daria Makeeva and Cosmic fans will not be liable for any loss of damage arising from your failure to comply with this Agreement.
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Daria Makeeva, Cosmic fans or by third parties that have licensed or otherwise provided their material to the Website. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Daria Makeeva or Cosmic fans's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
The Content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Daria Makeeva and Cosmic fans, subject to copyright and other intellectual property rights under the law.
The Service may not be used in connection with any commercial purposes, except as specifically approved by Cosmic fans. Unauthorised framing of or linking to any of the Website content is prohibited.
WEBSITE AND THIRD PARTY CONENT
The Website contains content created by Daria Makeeva and Cosmic fans ('Content'), as well as third party licensors to the Website, which is protected by copyright and other laws. Daria Makeeva owns and retains all rights, title and interest in the Content, and grants you a limited, revocable, non-sublicensable licence to stream and/or view the Content and any third party content located on or available through the Website solely for your personal, non-commercial use in connection with viewing the Website. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any website Content or third party content.
Music used in the videos is not property of Daria Makeeva or Cosmic fans and is for educational purposes only. Signing up for the online classes does not grant a licence or permission to use third party copyright materials including music.
The Website may contain links to other sites owned by third parties. Daria Makeeva and Cosmic fans are not responsible for examining or evaluating, and do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Daria Makeeva and Cosmic fans do not assume any responsibility or liability for the actions, product, and content of any such website. Any link included in the Website does not imply Daria Makeeva and Cosmic fans endorse the third party website. Accessing any such linked website is at your own risk.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
TERM AND TERMINATION
This Agreement shall remain in full force and effect for so long as the Website is in operation. You may terminate your membership at any time, for any reason, by following the instructions on the Website.
Cosmic fans reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Cosmic fans believes that you have breached any of the terms of this Agreement, or interfered with use of the Website or the Service by others. Cosmic fans also reserves the right to termination any membership believed to be compromised, or to be used fraudulently, and their own discretion.
CHANGES TO AGREEMENT
We reserve the right, in our sole discretion, to change the Agreement at any time, effective 10 days after posting the revised Agreement on the Website. Your continued use of the Website after such posting or notification means you accept all revisions. If you do not accept the Agreement, you should leave the Website or discontinue your membership.
We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your service will take effect following email notice to you.
No Sharing. Members of Cosmic fans may not share, give or sell their password or username to any other person entity. Excessive viewings or logins by any Member will be construed by Cosmic fans as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use. Cosmic fans reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
By becoming a member, you expressly authorise us to charge the applicable fee at the then-current rate, plus any applicable taxes, plus any other charges you may incur in connection with your use of the Services or purchase of Products. These amounts will be charged to the Payment Method you provide. All billing is in EURO (EUR/€). Daria Makeeva and Cosmic fans are not responsible for any conversion or transaction fees charged by a customer's banking institution.
You must have a valid Payment Method to subscribe to our Services or purchase a gift. We reserve the right to change the Payment Methods we accept at any time without notice.
If payment is not successful for whatever reason, you remain responsible to us for any unpaid amounts. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us or any of our suppliers, or incurred by us in collecting any payment, including attorneys' fees and costs of collection agencies.
Payments are non-refundable and there are no refund or credits for partially used periods. Daria Makeeva and Cosmic fans do not refund any paid and unused membership. Upon termination, you will continue to have the benefits you have prepaid for through the end of your current billing period. Upon termination, you will not be billed at your next billing cycle.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DARIA MAKEEVA AND COSMIC FANS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DARIA MAKEEVA AND COSMIC FANS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DARIA MAKEEVA AND COSMIC FANS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE;
(III) ANY UNAUTHORISED ACCESS TO OR USE OF DARIA MAKEEVA AND COSMIC FANS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. DARIA MAKEEVA AND COSMIC FANS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DARIA MAKEEVA AND COSMIC FANS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
You agree to defend, indemnify and hold harmless Daria Makeeva and Cosmic Fans, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees and costs) arising from:
(i) your use of and access to the Website;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website.
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.