Cogniss Terms and Conditions of Use

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version takes precedent.  

Last revised: 15 December 2016
 

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Cogniss Principles, and is our terms of service that governs our relationship with users and others who interact with Cogniss, including all Cogniss brands, products and services (“Cogniss Services” or “Services”). By using or accessing Cogniss Services, you agree to this Statement, as updated occasionally in accordance with Section 9 below.

Because Cogniss provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

1. Privacy

We value your privacy. The Cogniss Data Policy outlines important information about how you can use Cogniss Services to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.

 

2. Sharing Your Content and Information

You own all of the content and information you post on Cogniss, and can control how it is shared. In addition:

a. For content that is covered by intellectual property rights, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Cogniss (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

b. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

c. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about how you can control what information other people may share with applications, read our Data Policy.)

d. When you publish content or information within Cogniss, it means that you are allowing people on Cogniss to access and use that information, and to associate it with you (i.e., your name and profile picture).

e. We always appreciate your feedback or other suggestions about Cogniss, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
 

3. Safety

 

We do our best to keep Cogniss safe, but we cannot guarantee it. To ensure Cogniss remains safe for all users, we require the following commitments by you:

a. You will not post unauthorized commercial communications (such as spam) on Cogniss.

b. You will not collect users' content or information, or otherwise access Cogniss, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Cogniss.

d. You will not upload viruses or other malicious code.

e. You will not solicit login information or access an account belonging to someone else.

f. You will not bully, intimidate, or harass any user.

g. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains gratuitous nudity or violence.

h. You will not send age-inappropriate, indecent or otherwise offensive communications to users under the age of 18.

i. You will not engage in cyber-bullying, that is, communications that seek to harrass, humiliate, embarrass, torment, threaten, pick on or intimidate another person. Examples of cyber bullying can include (but are not limited to) flaming (repeated negative messages), sexual and racist harassment, denigration, impersonation, trickery, exclusion and cyber stalking.

i. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

j. You will not use Cogniss to do anything unlawful, misleading, malicious, or discriminatory.

k. You will not do anything that could disable, overburden, or impair the proper working or appearance of Cogniss, such as a denial of service attack or interference with page rendering or other Cogniss functionality.

l. You will not facilitate or encourage any violations of this Statement or our policies.

 

4. Registration and Account Security

Cogniss users provide their real names and information, and we want them to continue feeling secure about doing so. Here are some commitments you make to us relating to registering and maintaining the security of your account:

a. You will not provide any false personal information - including your age - on Cogniss, or create an account for anyone other than yourself without permission.

b. You will not create more than one personal account.

c. If we disable your account, you will not create another one without our permission.

d. You will not use your personal timeline primarily for your own commercial gain.

e. You will not use Cogniss if you are a convicted sex offender.

f. You will keep your contact information accurate and up-to-date.

g. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

h. You will not transfer your account to anyone without first getting our written permission.

i. If you select a username, display name or similar for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name, or if we deem the content to be profane or offensive).
 

5. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

a. You will not post content or take any action on Cogniss that infringes or violates someone else's rights or otherwise violates the law.

b. We can remove any content or information you post on Cogniss if we believe that it violates this Statement or our policies.

c. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

d. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

e. You will not use our copyrights or Trademarks or any confusingly similar marks, unless you have our prior written permission to do so.
 

6. Payments

All in-app payments are processed through and governed by the respective payment policies of Apple’s App Store and Google Play.
 

7. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Cogniss application or if you use social plugins, you must comply with the policies and guidelines contained in our Data Policy and Cogniss Principles.

You also acknowledge that Cogniss reserves full discretionary rights to block applications deemed by us to violate these policies and guidelines. Developers may apply to receive provisional approval to create applications on Cogniss prior to development.

 

8. Special Provisions Applicable to Software

a. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

b. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
 

9. Amendments

a. We will notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

b. Your continued use of Cogniss Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

 

10. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
 

11. Disputes

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

b. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

i. Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

iv. The mediation will be held in New South Wales, Australia.

c. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

d. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
 

12. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
 

13. Special Provisions Applicable to Users Outside Australia

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Cogniss outside Australia:

a. You consent to having your personal data transferred to and processed in Australia.

b. If you are located in a country embargoed by Australia, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on Cogniss (such as advertising or payments) or operate a Cogniss product. You will not use Cogniss if you are prohibited from receiving products, services, or software originating from Australia.

 

14. Definitions

a. By "Cogniss" or “Cogniss Services” we mean the features and services we make available; (b) our platform; (c) social plugins and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Cogniss reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

b. By "platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Cogniss or provide data to us.

c. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Cogniss.

d. By "content" we mean anything you or other users post, provide or share using Cogniss Services.

e. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Cogniss or provide to Cogniss through Platform.

f. By "post" we mean post on Cogniss or otherwise make available by using Cogniss.

g. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

h. By "application" we mean any application or website that uses or accesses the platform, as well as anything else that receives or has received data from us. If you no longer access the platform but have not deleted all data from us, the term application will apply until you delete the data.

 

15. Other

a. References to “us,” “we,” and “our” refer to Cogniss.

b. This Statement makes up the entire agreement between the parties regarding Cogniss, and supersedes any prior agreements.

c. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

d. If we fail to enforce any of this Statement, it will not be considered a waiver.

e. Any amendment to or waiver of this Statement must be made in writing and signed by us.

f. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

g. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

h. Nothing in this Statement shall prevent us from complying with the law.

i. This Statement does not confer any third party beneficiary rights.

j. We reserve all rights not expressly granted to you.

k. You will comply with all applicable laws when using or accessing Cogniss.

By using or accessing Cogniss, you agree that we can collect and use such content and information in accordance with the most up-to-date Data Policy.