Terms of Use

BY ACCESSING, VIEWING OR USING THIS WEBSITE (“Site”), AND/OR SUBSCRIBING TO OR USING ANY OF OUR SERVICES OR PART THEREOF, OR ANY DATA OR WORK THEREIN, YOU AGREE TO THE TERMS OF THIS LICENSE AGREEMENT (“Agreement”) WITH COSMIC DREAM WEAVING and ALISHA R. KAISER (SON’YAH), (COLLECTIVELY “CDW”). YOUR (“You” or “Your”) CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT ARE A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS OR USE THE SITE, OR ANY PORTIONS THEREOF. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, VIEW OR USE THE SITE.
​
WE WILL KEEP THE TERMS OF USE UNDER REGULAR REVIEW AND WE RESERVE THE RIGHT TO CHANGE, AMEND, VARY OR MODIFY THE TERMS OF USE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CHECK THE TERMS OF USE ON REGULAR BASIS.
​
1. Site License. In consideration of Your accessing the Site, Your compliance with the terms of this Agreement are conditions precedent to CDW’s license grant. CDW grants You a non-exclusive, non-transferable and limited license to access and use the Site only for Your personal use, and subject to all terms and conditions of this Agreement. You specifically may not provide access to the Site, or any portions thereof, either directly or indirectly, to any third party. Except as expressly permitted herein, You may not copy, reproduce, rent, lease, sell, modify, alter, commercially exploit, transmit, distribute, reverse engineer, create any derivative works or maintain any archive of the Site, or any portions thereof.
​
2. User Conduct and Obligations.
You agree and undertake to CDW that You shall:

  • Not use our Services for any illegal or unauthorized purpose;
  • Not abuse, harass, threaten, or intimidate other users of the Services;
  • Not reverse engineer, decompile or disassemble Our Services;
  • Not copy, modify, adapt or hack Our Website and Services;
  • Not rent, lease, sublicense, sell, assign, loan or otherwise transfer the Services;
  • Not upload, transmit or distribute any viruses, worms, or invalid data to Our Services and other users;
  • Not use our Services to promote discrimination, hostility or violence;
  • Not impersonate another person or otherwise misrepresent your affiliation with a person conducting fraud, hiding or attempting to hide Your identity;
  • Be responsible for Your conduct and act on the use of Our Services (including, any activity that occurs under Your account);
  • Failing which, we reserve the right to discontinue, suspend or terminate Our Services to You and You shall irrevocably and unconditionally indemnify CDW against all claims in accordance with clause 12.
  • You further agree not to hold CDW liable for any direct or indirect losses or damages howsoever incurred by You arising out of or in connection with the discontinuance, suspension or termination of Our Services.

3. Subscription.
The use of Our Service for Subscriptions are subject to payment of fee(s) as may be determined by CDW from time to time (“Fee”). All Fees are quoted in United States Dollar unless otherwise specified by CDW. Fee is exclusive of all taxes, which shall be borne by You.

The subscription to CDW is on auto-renewal basis whereby it will automatically be renewed upon the end of the applicable subscription period (i.e. yearly basis) for a renewal period equivalent to the duration of Your original subscription period. For instance, if You have subscribed to the CDW on 1st July then Your original subscription period shall be commenced from 1st July to 31st July of the following year. It will automatically be renewed for one successive year at the end of every subsequent subscription period unless otherwise cancelled by You.

We reserve the right to change, amend, modify or vary the price, package and/or feature of CDW’s subscription plan(s), without prior notice to You. However, we will always endeavours to notify You of any impending price changes.

We will use all reasonable effort to ensure that the pricing and information for Our Services stated in the Websites are accurate, however, there are possibilities due to genuine error that the information of Our Services is inaccurate or any of Our Services is priced wrongly. In such situation, we shall reserve the right to take any appropriate action we deem necessary to rectify the same.
​​
4. Cancellation by User.
You may discontinue to use and request the cancellation of Your subscription to CDW at any time. Your automatically-renewed subscription to CDW shall be discontinued or cancelled only upon the expiration of the respective period for which You have already subscribed and made payment. We shall not be liable for reimbursing You of any cancellation of Your CDW subscription.

Upon cancellation or discontinuance, You may continue to use Our Services as of the date of cancellation or discontinuance until expiration of the respective subscription period, provided always that such use must be in compliance with the terms of this Agreement, EULA and other relevant licensing agreements as may be imposed by CDW from time to time.

​​
5. User Representations and Warranties.
You hereby represent, warrant and covenant to Us that:

  • You are at least 16 (if You are residing in EU) / 18 years of age (if You reside everywhere else aside from EU) and have the right to enter into this Agreement;
  • You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
  • Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
  • The information You provide to CDW is accurate and true, including without limitation all credit card information;
  • You agree that all passwords to Your account are to be held in the strictest of confidence.
  • You may not share or disclose any password or login information to any other user or third party other than as specifically provided for herein.

If You breach any provision of this section, We shall be entitled to:

  • terminate this Agreement immediately with notice to You;
  • retain all unpaid payments pursuant to this Agreement; and
  • seek any legal or equitable remedies.

​​
6. Authorized Use
Subject to your full compliance with Clause 2 herein, you are hereby granted a non-exclusive, limited, non-transferable, non-assignable, irrevocable license to use Our Services to such extent as expressly and explicitly permitted by the terms and conditions of this Agreement.

7. Our Rights.
Notwithstanding anything to the contrary, CDW may, at any time, with or without notice and without any cause or reason, immediately suspend, discontinue or terminate Our Services or your right to access and use Our Website.

Further, CDW may or authorize third parties to run or display advertisements and promotions on our Websites and Services. The manner, mode and extent of such advertising and promotions are at Our sole and absolute discretion and/or authorized third party.
​
8. Secure Payment. CDW has partnered with PayPal to enable You to safely and securely make payments for products and services purchased through this Site. Your use of these providers is solely at your own risk and CDW disclaims all liability for any transactions entered into through these third-party providers. For an explanation of how these online payment platforms work, please refer to the respective platform and consult the platform’s privacy policy regarding their use of Your cardholder data and Personally Identifiable Information (PII).
​
9. Proprietary Rights. You agree that all right, title and interest (including all trademarks, service marks and other intellectual property rights) in and to the Site, belongs exclusively to CDW. CDW has created the text and visual images or otherwise licensed the copyright rights to use the content appearing on the Site, and You agree to ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Site, or any portions thereof, shall remain intact and clearly legible on any copy of the Site’s content.
​
10. Takedown of Third-Party Content. We respect your content ownership rights. Your use of and access to the Site signifies your agreement to respect the ownership rights of other users. We will respond to all Takedown Notices of alleged copyright violations that are in compliance with applicable law. A proper Takedown Notice under the Digital Millennium Copyright Act will include the following: (i) the signature of a person authorized to issue the Takedown Notice; (ii) identification of the copyrighted work at issue; (iii) identification of the material that is allegedly infringing upon the copyrighted work; (iv) contact information for the complaining party; (v) good faith statement of the complaining party; and (vi) a statement attesting to the accuracy of the information provided under penalty of perjury. We reserve the right to remove content that allegedly infringes on the ownership rights of other users without notice and within our discretion. If it is determined that you have repeatedly infringed upon the ownership rights of others, your account will be terminated. To submit a copyright complaint or concern, please send an email to alisha@cosmicdreamweaving.com with the “Complaint” written on the subject line.
​
11. User-Generated Content. By uploading any content to the Site, or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively “Submissions”), You are automatically granting CDW a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of CDW. This means that anything submitted by You to the Site may be used by CDW for any purpose, now or in the future, without any payment to, or further authorization by You. CDW also has the right, but not the obligation, to use your initials or social media user name in connection with the broadcast, print, online or other use or publication of your Submission.
​
12. Warranty Disclaimer. THE SITE, AND ANY PORTIONS THEREOF, INCLUDING ANY LINKS TO THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. CDW AND ITS EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND THIRD PARTY PROVIDERS [CDW RELATED PARTIES”] DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR FUNCTIONALITY OF THE SITE. MOREOVER, CDW AND THE CDW RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SITE. CDW AND THE CDW RELATED PARTIES ALSO DO NOT WARRANT THE SITE TO BE FREE OF ANY ERROR OR DEFECT. YOU: (1) ASSUME THE ENTIRE RISK AS TO THE SUITABILITY, USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SITE; AND (3) WAIVE ANY CLAIM BASED UPON THE ACCURACY, COMPLETENESS AND TIMELINESS OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES SPECIFICALLY WAIVE ANY AND ALL RIGHTS UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”).
​
13. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY, AND CDW AND THE CDW RELATED PARTIES’ ENTIRE LIABILITY, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. IN NO EVENT SHALL CDW AND/OR THE CDW RELATED PARTIES HAVE ANY LIABILITY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF ANY INACCURACY OR DEFECT IN THE SITE, OR ANY PORTIONS THEREOF, OR YOUR USE OF OR INABILITY TO USE A PARTICULAR SITE PORTION OR LINK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CDW OR THE CDW RELATED PARTIES BE LIABLE FOR ANY SUCH DAMAGES.
​
14. No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of CDW and You, and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.
​
15. Indemnification. You hereby agree to indemnify and hold harmless CDW and the CDW Related Parties from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to Your use of the Site and/or Your breach or alleged breach of this Agreement.
​
16. Termination or Modification of Service. CDW may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, link or content. CDW may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in CDW’s exclusive discretion, without prejudice to any legal or equitable remedies available to CDW, for any reason or purpose, including, but not limited to, conduct that CDW believes violates these Terms of Use or other policies or guideline posted on the Site or conduct which CDW believes is harmful to other customers, to CDW business, or to other related parties. Upon any termination of this Agreement, you shall immediately discontinue your use of and access to the Site and destroy all materials obtained from it.
​
17. Linking. You may link to the Site, except through the process of framing or other distortion or obscuring of CDW content, branding or other intellectual property information. CDW ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF ITS SITE, INCLUDING CONTENTS THAT ARE REFERENCED BY OR LINKED TO THIRD PARTY SITES. CDW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENTS OF ITS SITE OR ANY THIRD PARTY SITES.
​
18. Privacy. CDW is firmly committed to Your privacy and restricts its information gathering and dissemination practices for the Site. Please review our privacy policy, https://www.cosmicdreamweaving.com/privacy-policy/, regarding the information collected through Your use of the Site.
​
​
GENERAL
​
18.1 Governing Law & Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of California, not including its conflict of laws principles. You irrevocably agree that any action by You arising under or related to this Agreement shall be initiated and maintained, without regard to its choice-of-law provisions in the relevant state and federal courts with jurisdiction closest to Yreka for State Court and Redding for Federal Court, which shall have exclusive jurisdiction over all claims arising under or related to the Privacy Policy or Terms of Use stated herein. Any action by You relating to the Site must be initiated within one (1) year after the cause of action arose. You hereby submit to the personal jurisdiction in such forum for any such action.
​
18.2 Injunctive Relief. You agree that legal remedies alone provide inadequate protection of the Site and its contents, and the intellectual property rights embodied therein, and that in addition to other relief, CDW and/or the CDW Related Parties may seek temporary or permanent injunctions to enforce their rights, and You hereby waive the requirement of any bond.
​
18.3 Changes. CDW reserves the right to modify the provisions of this Agreement by posting a revised version of this Agreement on the Site with a prominent indicator showing that the Agreement has been changed. Any modified Agreement shall be effective from the date such Agreement is posted and Your continued use of the Site after that date constitutes acceptance of the modified Agreement.
​
18.4 Severability. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement on future occasions. Headings and subheadings are for purposes of reference and convenience and have no substantive effect.
​
18.5 Entire Agreement. This Agreement: (1) constitutes the complete and exclusive agreement among the parties with respect to use of the Site, or any portion thereof; and (2) supersedes all other communications, representations, statements and understandings, whether oral or written, among the parties concerning its subject matter.
​
Updated: December 28, 2018