Definitions

"Account" means any individual User account that is automatically created when you use the Services.

"Company" means EyezahMC and its staff. References to "us", "we", or "our" means Company, including any and all subsidiaries, parent companies, join ventures, and other corporate entities under common ownership and/or their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).

"Cosmetic Items" means those digital items for use in Minecraft that are produced by Company or Users and made available for use by Cosmetica.

"Cosmetica" means the Minecraft mod and services that are owned and operated by Company and are available via the Website.

"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

"Intellectual Property Rights" means any and all right, title, and interest of any kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any time under the laws of any government authority, including, without limitation, all applications and registrations relating to the foregoing.

"Minecraft" means the computer game known as "Minecraft", which is produced and operated by Mojang AB.

"Notice" means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

"Privacy Policy" means the Company policy regarding data privacy, which also governs your use of the Services and is incorporated herein by reference.

"Protected Content" means all content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the graphics, source code of the Website, sound recordings, musical composition, narrative, characters, images, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory. This does NOT include User Generated Content.

"Services" means Cosmetica and the Website, inclusive of any associated services or materials thereon.

"Terms" means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

"User", "you" or "your" means any user of the Services or Cosmetica, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

"User Generated Content" means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials posted or otherwise integrated into the Services via the User including, without limitation, user submitted Cosmetic Items.

"Website" means the online website "https://cosmetica.cc" including all sub-pages, sub-domains, and associated domains thereof.

Account

When you use the Services, a unique Cosmetica Account will automatically generate for you that is linked to your personal Minecraft account. All Accounts are subject to these Terms. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.

You further acknowledge and agree that by using Minecraft or setting up a Minecraft account, you may be subject to an agreement(s) with the Microsoft Corporation and/or Mojang AB. For your reference, Mojang's terms and conditions are available here and the Microsoft services agreement is available here. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and Microsoft and/or Mojang and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and Microsoft, Mojang, or any other third party, Company may, in our sole descretion take action against your Account to bring you into compliance with such agreements. Such actions may without limitation include suspending or terminating your Account privileges.

You further acknowledge and agree that by signing up for an Account via your existing Minecraft account, you are providing Company information regarding your Minecraft account including, but not limited to, in-game name and universally unique identifier (UUID).

Electronic Communication

Each and every time you send an email or other electronic communication to Company, such communication will constitute, an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.

Intellectual Property Ownership

All Protected Content is the property of Company or its third-party suppliers/licensors and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services doe not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content's third party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.

User Generated Content

By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly platform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Services and for any commercial, promotional, publicity, and marketing purposes.

You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Services and grant the license to Company and other Users as described herein. You further warrant that the authorized use or exploitation of the User Generated Content will not violate any third-party rights including, without limitation, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.

Company reserves the right to remove any User Generated Content for any reason at our sole discretion. Company may also remove User Generated Content that does not comply with the Agreement, or violates someone else's rights, including without limitation, any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally Company may remove the following:

• User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual's sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
• User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.

You acknowledge and agree that a violation of this section will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Services at any time without Notice.

Service Availability and Termination

You acknowledge and agree that:

• Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
• Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
• The Services may not be offered in all countries or geographic locations.

Company Disclaimer and Limitation of Liability and Remedies

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing the use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY'S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY'S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

Prohibited Conduct

You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:

• Use the Services in any manner which could damage, disable, overburden, or impair the Website or Website servers, or otherwise interfere with any other party's use and enjoyment of the Services;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
• Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
• Defame, harass, abuse, threaten or defraud Users, or collect, or attempt to collect, personal information about Users or third parties without their consent; and
• Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.

Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.

Representations and Warranties

In addition to any other representations and warranties made herein, you hereby represent and warrant that:

• You are not prohibited from receiving or using any aspect of the Services under applicable laws; and
• Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements, terms of use, or contracts.

Links to Third Party Sites

The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.

Device and Internet Connection

Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.

International Users

The Services are controlled, operated and administered by Company from within New Zealand and the United States. If you access the Services from a location outside New Zealand or the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Release

You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney's fees) arising from:

• Your misuse of and access to the Services;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right;
• Your use of or inability to use the Services; and
• Any claim that you caused damage to a third-party.

Termination and Access Restriction

Company reserves the right to terminate your access to the Services, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of these Terms. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Miscellaneous

Company's performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.

These Terms, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.

Copyright Infringement Policy

Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications ("Designated Agent") with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

The designated agent can be reached at [email protected].

DMCA Counter Claims

Company may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; and
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled

Contact

If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at [email protected].

Last updated November 26, 2022