Terms and Conditions

Agreement between User and mcosm.co

Welcome to mcosm.co. The mcosm.co website (the "Site") is comprised of various web pages operated by Microcosm Media, LLC ("mcosm"). mcosm.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of mcosm.co constitutes your agreement to all such Terms. Please read these terms carefully.  

mcosm is a lifestyle and culture platform dedicated to personal and collective wellbeing. Our mission is to empower people to better engage themselves and the world around them. We provide several forms of digital content, including, but not limited to; online content, email newsletters (“newsletters”) which include “the mcosm journal”, and social media content.

mcosm runs several properties, including, but not limited to, mcosm.co and the mcosm journal. mcosm.co is a Digital Media Site. The mcosm journal is a branded email newsletter published by mcosm.

Privacy

Your use of mcosm.co and mcosm’s newsletters is subject to mcosm's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting mcosm.co, member areas, or related subdomains, subscribing to the mcosm journal or other newsletters, sharing your email or other contact information with mcosm, clicking buttons on the Site, or sending emails to mcosm constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

In addition, by subscribing to the mcosm journal or other newsletters, sharing your email or other contact information with mcosm, clicking buttons on the Site, or signing up for memberships or premium content, you agree that you “opt-in” to receive email communications from us.

Children Under Thirteen

mcosm does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use mcosm.co, its newsletters, and affiliated services only with permission of a parent or guardian. You agree to indemnify and hold harmless mcosm for any use of the Site or newsletters by individuals under the age of 13.

In addition, mcosm targets its content and advertising to individuals over the age of 18. You agree to indemnify and hold harmless mcosm for any use of the Site or newsletters by individuals under the age of 18.

Links to Third Party Sites/Third Party Services

mcosm.co and/or mcosm newsletters may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of mcosm and mcosm is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. mcosm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mcosm of the site or any association with its operators.

Certain services made available via mcosm.co or by mcosm are delivered by third party sites and organizations. By using any product, service or functionality originating from the mcosm.co domain, you hereby acknowledge and consent that mcosm may share such information and data with any third party with whom mcosm has a contractual relationship to provide the requested product, service or functionality on behalf of mcosm.co users and customers.

Goods and Services

You are not required to pay for basic access to mcosm.co. mcosm offers, or may in the future offer, products, content, media, or services, including but not limited to, newsletters, subscriptions, digital products, courses, books, guides, promotional content, educational content, members-only areas, exclusive websites, digital communities, journals, merchandise, physical products, and/or other related content or paid media. mcosm may limit use of these products, content, media, or services to paying users and customers of the specific product in question.

Purchase of or subscription to any of these products, content, media, or services is non-refundable.

 In addition:

To access any such products and services, you (“Member”) are obligated to pay to mcosm the membership fee(s) ("Fees") agreed on the basis of the order you place.

1. All amounts are to be paid in full in the currency shown on the invoice. Member shall bear all bank and transfer charges, if any, as well as any currency conversion costs.

2. Orders can be paid by credit or debit card. Member may be presented with additional payment options by mcosm’s payment services provider. Because mcosm does not process these payments directly, they are subject to the availability and systems integrity of the payment processor. Member agrees to indemnify and hold harmless mcosm and its affiliates over any technical or experiential challenges during the payment process.

3. If Member is an entity that is not an end user of the Product, the Parties may agree in writing that mcosm will invoice the Customer for the fees.

4. Unless otherwise required by law, statements shall be made available to Member exclusively in digital form. They can only be accessed on Member’s user account with mcosm’s payment processor.

5. Mcosm reserves the right to reduce the Customer's access to the Products to the scope of use of the free version, if the Customer has not paid a due fee within seven (7) days after with or without notification. If Member settles all outstanding and due claims, mcosm will restore the Member’s scope of use concerning the Product according to the order immediately, at the latest within three (3) business days after mcosm has received full payment.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use mcosm.co strictly in accordance with these terms of use. As a condition of your use of the Site and newsletters, you warrant to mcosm that you will not use the Site or newsletters for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or newsletters. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or newsletters.

All content included as part of the Service, such as text, graphics, logos, images, concepts, ideas, writing, art, content, as well as the compilation thereof, and any software used on the Site, is the property of mcosm or its suppliers, members, or owners, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright 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 content, media, or ideas, in whole or in part, found on the Site or newsletters. mcosm content and media is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of mcosm and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of mcosm or our licensors except as expressly authorized by these Terms.

You may not recreate or attempt to recreate the content, or the stylistic, artistic, structural, or related elements of content on the Site or newsletters in any way. You may not use software, websites, chatbots, large language models, generative transformers, artificial intelligence, or other tools to analyze, save, alter, attempt to replicate, or develop derivative works based on the ideas, content, and stylistic, artistic, tonal, structural, or related elements of work and media produced by mcosm, for any use, including personal. In addition, you may not use content produced by mcosm to train chatbots, language models, generative transformers, artificial intelligence, or other tools, and agree never to do so.

International Users

The Service is controlled, operated and administered by mcosm from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the mcosm content accessed through mcosm.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless mcosm, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or newsletters or products or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. mcosm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with mcosm in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and mcosm agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR IN THE NEWSLETTERS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROCOSM MEDIA, LLC AND/OR ITS SUPPLIERS, MEMBERS, OR OWNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, RELATED MEDIA, OR NEWSLETTERS AT ANY TIME.

MICROCOSM MEDIA, LLC AND/OR ITS SUPPLIERS, MEMBERS, OR OWNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, MEDIA, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR NEWSLETTERS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT, MEDIA, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MICROCOSM MEDIA, LLC AND/OR ITS SUPPLIERS, MEMBERS, OR OWNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROCOSM MEDIA, LLC AND/OR ITS MEMBERS, SUPPLIERS, OR OWNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR NEWSLETTERS, WITH THE DELAY OR INABILITY TO USE THE SITE OR NEWSLETTERS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, NEWSLETTERS, MEDIA, OR CONTENT, OR FOR ANY INFORMATION, MEDIA, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR NEWSLETTERS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROCOSM MEDIA, LLC OR ANY OF ITS SUPPLIERS, MEMBERS, OR OWNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR NEWSLETTERS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND NEWSLETTERS.

Termination/Access Restriction

mcosm reserves the right, in its sole discretion, to terminate your access to the Site and the related services, newsletters, email communications, or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and mcosm as a result of this agreement or use of the Site. mcosm's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mcosm's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by mcosm with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

In the event you are unable to access the site or any related services, including newsletters, paid or unpaid, you assume full responsibility for any potential damages or losses incurred. You agree mcosm bears no responsibility for factors beyond our control which may or may not affect your ability to access our site and related services. In such an event, purchases or subscriptions to the site and any and all related services or newsletters are non-refundable.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mcosm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mcosm with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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 this agreement and all related documents be written in English.

Changes to Terms

mcosm reserves the right, in its sole discretion, to change the Terms under which mcosm.co is offered. The most current version of the Terms will supersede all previous versions. mcosm encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

If you have questions or comments regarding the Terms, please reach out via email to:

Email Address:

team@mcosm.co

You can also contact us via regular mail at:

Microcosm Media, LLC

2008 Bremo Rd Ste 110,

Richmond, VA, 23226 - 2443, USA

Effective as of April 30, 2021

Updated December 8, 2023

Copyright 2024 Microcosm Media LLC. All rights reserved.