Terms of Use

Last Updated: May 3, 2024

These Terms of Use (these “Terms” or this “Agreement”) is agreed to between Cosmic Rewards (“Cosmic Rewards,” “we,” “us” or “our”) and you as an individual (“you” or “User”) and governs your use of the Cosmic Rewards website, located at cosmicrewards.com, and any other websites and platforms we own and operate that link to these Terms (collectively, the “Site”), the Cosmic Rewards mobile app (the “App”), and our related offering of rewards to eligible Users in exchange for downloading, installing and engaging with apps and games suggested in the App (collectively, and together with the Site and App, the “Services”). 

PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING ANY PART OF THE SITE, APP, OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, APP, OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN. IF YOU ACCESS OR USE THE SITE, APP, OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT.

NOTICE REGARDING MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND COSMIC REWARDS HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE “LAST UPDATED” DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND COSMIC REWARDS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE ANY CLAIMS AND SEEK RELIEF AGAINST COSMIC REWARDS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SITE, APP, OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. 

These Terms include and incorporate the User Guidelines available at cosmicrewards.com/user-guidelines (“User Guidelines”). Please carefully review the User Guidelines. Together, the User Guidelines and these Terms will exclusively govern your access to and use of the Site, App, and Services and is the complete and exclusive understanding and agreement between you and Cosmic Rewards regarding same. 

Cosmic Rewards reserves the right to update and change these Terms and the Services at any time, and any new services, features or tools which are added to the current Services shall also be subject to these Terms. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site or App. We will make commercially reasonable efforts to notify you of any material changes to these Terms; provided, however, that we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms, with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site, App, or Services after we have posted the updated Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms. You can always review the last updated version of the Terms at cosmicrewards.com/terms-of-use. 

ACCOUNT & ELIGIBILITY

The Services are intended for individuals 18 years of age or older. By accessing or using the Site, App, or Services, you represent that you are at least 18 years old. 

Certain Services require that you sign up for a User account. Only one (1) User account may be set up per User. Only users 18 years or older are permitted to register for a User account. Transferring or selling a User account is not permitted. By using the Services, you represent and warrant that (a) all information you submit to Cosmic Rewards, at any point, is truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms and the User Guidelines at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you; and (f) you will use Cosmic Rewards and its features only in the intended manner. Your account may be deleted without warning at Cosmic Rewards’ sole discretion if we believe that you violate any of these Terms.

Some of the Services that we provide require that you enable certain tracking settings on your Android device. Failure to activate these settings as directed by Cosmic Rewards will result in the inability to use Cosmic Rewards to earn any rewards for engagement.

RULES OF USER CONDUCT

The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated.

Cosmic Rewards reserves the right to indefinitely ban any user found to be using an auto-clicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle.

Cosmic Rewards reserves the right to indefinitely ban any user found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used. Cosmic Rewards may indefinitely suspend or ban, in its sole discretion, any user deemed to be using any technology Cosmic Rewards believes is improper, inappropriate or fraudulent in any way.

Cosmic Rewards reserves the right to ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased.

Cosmic Rewards reserves the right to ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them. Additionally, Cosmic Rewards reserves the right to ban any accounts associated with a user who already owns other accounts. Each User may only have one Cosmic Rewards account.

Cosmic Rewards reserves the right to nullify all rewards earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.

Cosmic Rewards reserves the right to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may be blocked at any time.

Cosmic Rewards reserves the right to reject or reverse any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.

Cosmic Rewards reserves the right to permanently ban any user account created by an individual under the age of 18.

Cosmic Rewards reserves the right to ban any account that appears to be using, downloading or accessing the app fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn Stardust through any means other than playing games.

It is prohibited to access the Cosmic Rewards application on any device other than an Android mobile phone or tablet and doing so can result in an account ban, rejection of a gift card order and a forfeiture of any earned rewards.

For all rules listed here, Cosmic Rewards reserves the right, in its sole discretion, to make all final determinations on rule violations and take appropriate action, without notice to the affected User.

USER BEHAVIOR

Cosmic Rewards will not tolerate inappropriate User behavior. The following actions and behaviors may result in Users being blocked from using the Services, forfeiture of all earned Stardust and gift cards, and/or closing of User support requests without notice, at Cosmic Rewards’ sole discretion:

  • Abusive, rude or harassing behavior towards the Cosmic Rewards Support Team.

  • Failure to respond to Cosmic Rewards communication and/or requests.

  • Failure to provide evidence of offer completion as requested.

  • Use of fake screenshots or evidence of offer completion, including: doctored or edited images, images found on the internet, any image not taken from your own device.

  • Attempting to be rewarded for the same offer(s) multiple times.

  • Attempting to appear as multiple users for the purpose of being rewarded more than once.

  • Using any method to mask, change or hide your geographical location for the purpose of accessing offers unavailable in your actual, physical location.

  • Using device emulators or any similar methods or tools to access the offerwall and/or attempt to complete offers.

  • Creating multiple Cosmic Rewards accounts.

All decisions and judgments regarding eligibility are made in Cosmic Rewards’ sole discretion and are final.

USER ELIGIBILITY FOR REWARDS

“Stardust” is the reward currency in the Cosmic Rewards app. To earn Stardust, you must be eligible. To be eligible, you must:

  • Be a new user to the app, survey or service that you are being rewarded for interacting with. This means never having had an account under any name, email or user ID on any device prior to installing the app through Cosmic Rewards. Uninstalling and re-downloading apps, or quitting services or subscriptions in order to sign up again do not make a user eligible for rewards. Users may be eligible to earn multiple levels of rewards in a single app, but the initial install of the app must be the first time the user has had that app.

  • Never have completed or submitted a Cosmic Rewards Support Request for the same advertising offer in the same app, survey or service (i.e., if you complete a level 10 offer, you cannot be eligible for that same level 10 reward again, even if you’ve started over, uninstalled and reinstalled etc.).

  • Be in the correct geographic location as indicated by the App and not using a VPN, proxy, emulator, bot or similar technology to access offers outside your physical geographic area.

  • If requested or required, provide comprehensive, honest and indisputable evidence of completion of required time and/or tasks. 

  • Not be in violation of any other terms of this Agreement.

EARNING STARDUST

Eligible Users will earn Stardust for downloading, installing and engaging with apps promoted in Cosmic Rewards. The amounts earned correspond positively to the time spent engaging with the promoted app and progressing through levels. Cosmic Rewards does not reward for time spent in App but rather for real gameplay. Leaving the App open does not constitute gameplay. The exact economics and dynamics of how rewards are earned and at what rate are confidential information of Cosmic Rewards. Stardust earned by eligible Users may be redeemed for gift cards through the Cosmic Rewards App, but otherwise has no cash value and cannot be redeemed in any other way. Accounts that remain inactive for ninety (90) days or more may forfeit all Stardust and gift cards and be deactivated. Deactivated accounts may not be retrievable in the future. Cosmic Rewards shall not be liable for lost Stardust or gift cards in any way.

From time to time, Cosmic Rewards may offer bonuses to boost User earnings, including but not limited to the following:

Donations. Cosmic Rewards may offer Users an opportunity to redeem a Stardust for a donation to be made by Cosmic Rewards to certain charitable and/or other not-for-profit causes or organizations. User agrees that if User chooses to redeem Stardust in such a way, that all applicable terms presented in the App shall apply in addition to these Terms and that User’s Stardust will be reduced as per the applicable terms of the charitable donation. Each and every donation will be made by Cosmic Rewards. Users who redeem Stardust for charitable donations through Cosmic Rewards are not eligible for a tax receipt. Cosmic Rewards is unable to refund Stardust once you have confirmed your donation.

Contests. Cosmic Rewards may, from time to time, launch certain Contests (each one a “Contest”) available to certain users from the App. Contests are only available only in jurisdictions where applicable laws permit them, so you may or may not be able to participate in any Contest depending on your location. Each available Contest will be subject to such Contest’s own terms and conditions (“Contest Terms”) which will apply in addition to these Terms. For each applicable Contest, please read the Contest Terms fully and carefully before participating. Each Contest is sponsored by Cosmic Rewards and Cosmic Rewards reserves the right to cancel, suspend, withdraw, or amend such Contest or the Contest Terms of a Contest in any way, without prior notice. It is the Contest entrant’s (the “Entrant”) responsibility to check the Contest Terms periodically for changes. An Entrant’s continued use of or participation in a Contest following the posting of any changes to the Contest Terms constitutes acceptance of those changes. 

REDEEMING STARDUST / REWARDS

Users can redeem Stardust for gift cards or cryptocurrency as offered by Cosmic Rewards (collectively “Rewards”). Neither Stardust, nor Rewards can be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Cosmic Rewards is not responsible for any valid Reward which user is unable to redeem due to their age, situation, or country of residence. Cosmic Rewards is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by gross negligence or willful misconduct of Cosmic Rewards. If you do not want to redeem Stardust for Rewards, you can continue to use all other features of the App. For more information, please refer to our Privacy Policy available at cosmicrewards.com/privacy-policy. 

TERM

This Agreement will remain in full force and effect while you use the Services and/or have a Cosmic Rewards Account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. Cosmic Rewards may terminate or suspend your account at any time without notice if Cosmic Rewards reasonably believes that you have breached this Agreement or if your account is inactive for ninety (90) days or more. After your account is terminated, this Agreement will terminate, except for the provisions of the sections labeled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law and Language.”

User agrees that following termination of User’s account and/or use of the Services, Cosmic Rewards may immediately delete User data, including accumulated rewards. User further agrees that Cosmic Rewards shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. 

INACTIVITY

Cosmic Rewards reserves the right to delete or deny access to any account which has been inactive for a consecutive period of ninety (90) days, without notifying the account owner. An account is deemed inactive when: (i) no Stardust has been redeemed or earned; (ii) there has been no access or attempt to access the Services; (iii) there has been no communication to the Cosmic Rewards team by User. Inactive accounts that are deleted or denied access will forfeit any earned Stardust.

USER SUPPORT

Cosmic Rewards places great value on our user experience. We offer support and troubleshooting assistance to and do our very best to provide up to date information and timely assistance from real humans. Send support requests to support@cosmicrewards.com. 

Stardust earned for gameplay may take up to 24 hours to appear in your account. Ultimately, Cosmic Rewards depends on communication from other parties to confirm your engagement. Therefore, we ask that you wait 24 hours after said gameplay or engagement to reach out with a User request. 

User requests submitted more than 30 days after the engagement you are seeking assistance for may not be able to be investigated. 

Cosmic Rewards makes no guarantee that support requests will be resolved within a specific time frame or at all. In order to be eligible for requested Stardust, you agree to cooperate with Cosmic Rewards and provide any requested information. Failure to assist Cosmic Rewards in a timely manner as requested may result in your support request being closed, without notice. Cosmic Rewards reserves the right to close any request, at any time, with no written warning, communication or explanation provided to the User.

Abusive language or actions towards the Cosmic Rewards team; use of profanity or other abusive behavior may result in immediate closure of your support request and the suspension or permanent termination of your Cosmic Rewards privileges, without notice. Cosmic Rewards reserves the right to ban Users from using the Services at our sole discretion.

LICENSE

During the Term, Cosmic Rewards grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services on the terms set forth in this Agreement. User agrees that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Cosmic Rewards are owned exclusively by Cosmic Rewards or its licensors. All rights not granted to User in this Agreement are reserved by Cosmic Rewards.

LICENSE RESTRICTIONS

User shall not (i) create an Account, or access or use the Service if they are under the age of 18; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Cosmic Rewards retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.

INTELLECTUAL PROPERTY

The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Cosmic Rewards owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Cosmic Rewards and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

REPRESENTATIONS AND WARRANTIES

User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Cosmic Rewards’ policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Cosmic Rewards for any costs, fines or damages incurred by Cosmic Rewards due to User's failure to comply with this section.

DATA PRIVACY

When you create a Cosmic Rewards user account, engage with the App, and utilize the Services, Cosmic Rewards collects, tracks and stores certain personal information. This data is treated in accordance with the Cosmic Rewards Privacy Policy, available at cosmicrewards.com/privacy-policy. The Privacy Policy does not apply to information or data you submit when using the applications you discover within the Cosmic Rewards App. Advertisers whose apps appear in Cosmic Rewards do not share personal information with Cosmic Rewards, other than to help verify User interaction and engagement when required to assist with a User’s support request. Although not part of these Terms, we encourage you to review our Privacy Policy from time to time to better understand how we process your information and how you can update, manage, access, and delete your information.

THIRD PARTY SERVICES

Cosmic Rewards may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable Third-Party Services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall Cosmic Rewards be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if Cosmic Rewards has been advised of the possibility of such damages.

NO WARRANTY

Your use of the Services is at your own risk. Cosmic Rewards is providing the services “as is” and “as available” without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither Cosmic Rewards, its affiliates nor any of their respective employees, agents, affiliates, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.

Cosmic Rewards does its best to show Users only top-tier, high quality apps within the App, but ultimately we cannot possibly vet every aspect of every app that is presented. By using the Services, the User acknowledges and accepts that downloading games and apps featured in Cosmic Rewards carries the same risk as downloading any other game directly from the Google Play Store. Cosmic Rewards accepts no responsibility for any unintended consequences of downloading and engaging with the apps made available in the App.

NO LIABILITY

WE CANNOT GUARANTEE THE SITE, APP, OR SERVICES WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME , BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS.  ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE SITE AND APP REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE AND APP ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL , OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, APP, OR SERVICES, OR ON ANY OTHER LINKED WEBSITE, APP, OR SERVICE, INCLUDING, WITHOUT LIMITATION,  ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA , OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF COMIC REWARDS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES , AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE OR APP, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY , OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50). IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, COSMIC REWARDS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY

You hereby agree to defend, indemnify, and hold harmless Cosmic Rewards, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), arising in any manner from your access to or use of the Services, your breach of any representations, warranties, or other obligations set forth in this Agreement, or your violation of applicable laws. Cosmic Rewards will use reasonable efforts to provide you with notice of any such claim, and Cosmic Rewards will have the right to participate in the defense of any such claim at its expense.

GOVERNING LAW AND VENUE

These Terms of Use shall be construed in accordance with the laws of the state of Colorado, without regard to its conflict of laws or rules. Without waiving the arbitration clause herein, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the mandatory arbitration provision) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Denver, Colorado.

INJUNCTIVE RELIEF

You acknowledge that Cosmic Rewards may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy.  Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Colorado. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure, or local rules.

AGREEMENT TO ARBITRATE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described herein and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis.  However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law, or is not transferred, removed, or appealed from small claims court to any different court.  Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED.  ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.  AS PART OF THIS WAIVER, YOU AGREE: (i) YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; (ii) EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (iii) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION, OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (“FAA”) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue.  The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law.  The arbitrator will not be bound by federal, state or local rules of procedure and evidence, or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”).  Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (1) making written demand for arbitration upon the other party; (2) initiating arbitration against the other party; or (3) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules.  The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at www.adr.org or by calling 1-800-778-7879.  If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator.  However, we will abide by the applicable AAA rules regardless of the forum.  Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed.  The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules, but not to exceed the cost of filing a lawsuit.  Any amount above what it would cost you to file a lawsuit, we will pay.  All other arbitration fees and expenses shall be allocated to us according to AAA rules.  Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law.  This paragraph applies only if this is a consumer-purpose transaction.

If any part of this arbitration provision is invalid, all other parts of it remain valid.  However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety; provided, however, that the remaining Terms shall remain in full force and effect.  This arbitration provision will survive the termination of your use of the Services and any other actions with us. 

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at support@cosmicrewards.com and including in the subject line “Rejection of Arbitration Provision.”

SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS

If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof. We may freely assign our obligations and rights under these Terms, including all personal information in our possession which that we have collected during your use of the Services pursuant to our Privacy Policy.

QUESTIONS, COMPLAINTS, CLAIMS

If you have any questions, complaints, or claims with respect to the Services, please contact us at support@cosmicrewards.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.