Terms and Conditions

This agreement applies as between you, the User of this website, the User of my social media posts and Cosmin Ugaen Community Interest Company, of 27 Old Gloucester Street, London, United Kingdom, the operator of the website www.cosminugaen.com (hereinafter “Cosmin Ugaen”, “I”, “me” or “my”).

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

1. Acceptance
   • Please read these Terms and Conditions, my Privacy Policy and Cookie Policy, and all applicable supplemental terms (collectively, the „terms”) carefully, as they contain terms and conditions that impact your rights, obligations and remedies in connection with your use of the services and content. For example, the terms include:
     • your obligation to comply with all applicable laws and regulations.
     • limitations of my liability to you; and
   • Your access to and use of the services is conditioned on your acceptance of and compliance with all applicable terms.
   • I reserve the right to change these terms at any time.
   • By accessing, browsing and/or using the website after updates to these terms have been posted, you agree to be bound by the updated terms.
   • Your failure to comply with the Terms may result in the suspension or termination of your access to the Services and may subject you to civil and criminal penalties.

2. General Conditions
   • I do not guarantee the accuracy, completeness, validity, or timeliness of information listed by me.
   • I make material changes to these terms and conditions from time to time, I may notify you either by prominently posting a notice of such changes or via email communication.
   • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

3. License to use website
   • I may provide you with certain information because of your use of the website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the website or Services („My Materials”).
   • Subject to this Agreement, I grant you a non-exclusive, limited, non-transferable, and revocable license to use my Materials solely in connection with your use of the website and Services. My Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or Services or at the termination of this Agreement.

4. Intellectual Property
   • You agree that the website and all Services provided by me are the property of Cosmin Ugaen Community Interest Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property („My IP”). You agree that I own all rights, title, and interest in and to My IP and that you will not use My IP for any unlawful or infringing purpose. You agree not to reproduce or distribute My IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without my express written and video permission.
   • To make the website and Services available to you, you hereby grant me a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website. I claim no further proprietary rights in your Content.

5. User Obligations
   • As a user of the website or Services, you may be asked to supply identifying information to me.
   • You may also provide personal information, including, but not limited to, your name.
   • You are responsible for ensuring the accuracy of this information. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify me immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping me apprised of any changes to your identifying information. Providing false or inaccurate information or using the website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

6. Acceptable Use
   • You agree not to use the website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website or Services in any way that could damage the website, Services, or general business of cosminugaen.com.
   • You further agree not to use the website or Services:
     • to harass, abuse, or threaten others or otherwise violate any person’s legal rights.
     • to violate any of my intellectual property rights or any third party.
     • to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
     • to perpetrate any fraud.
     • to publish or distribute any obscene or defamatory material.
     • to publish or distribute any material that incites violence, hate, or discrimination towards any group.
     • to unlawfully gather information about others.

7. Assumption of Risk

The website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on my website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and me. You further agree that your purchase of any of the services on the website is at your own risk. I do not assume responsibility or liability for any advice or other information given on the website.

8. Reverse engineering and security
   • You agree not to undertake any of the following actions:
     • Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the website or Services.
     • Violate the security of the website or Services through any unauthorised access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

9. Indemnification

You agree to defend and indemnify me and any of my affiliates (if applicable) and hold me harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the website or Services, your breach of this Agreement, or your conduct or actions. You agree that I shall be able to select its legal counsel and may participate in its defence if I wish.

10. Exclusion of liability

10.1 You understand and agree that I (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by me or any third parties; and (B) shall not be responsible for any materials posted by me or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by me or any third party.

10.2 Further, I shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Cosmin Ugaen website including loss of data or information or any kind of financial or physical loss or damage.

10.3 In no event shall Cosmin Ugaen,be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

11. Spam Policy

You are strictly prohibited from using the website or any of my Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

12. Third-party links and content

I may occasionally post links to third-party websites or other services. You agree that I am not responsible for any loss or damage caused because of your use of any third-party services linked to or from my website.

13. Modification and variation

I may, from time to time and at any time without notice to you, modify this Agreement. You agree that I have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

14. Entire agreement

This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.

15. Service interruptions

I may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that I shall have no liability for any damage or loss caused because of such downtime.

16. Term, Termination and Suspension

I may terminate this Agreement with you at any time for any reason, with or without cause. I specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of me or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

17. No Warranties

You agree that your use of the website and Services is at your sole and exclusive risk and that any Services provided by me are on an „As Is” basis. I hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. I make no warranties that the website or Services will meet your needs or that the website or Services will be uninterrupted, error-free, or secure. I also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website or Services is your sole responsibility and that I am not liable for any such damage or loss.

18. Limitation on liability

I am not liable for any damages that may occur to you because of your use of the website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19. Blog

19.1 The Cosmin Ugaen blog and its contents have been compiled with the greatest possible care. However, Cosmin Ugaen does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on my blog.

19.2 Liability claims against Cosmin Ugaen, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of Cosmin Ugaen.

19.3 Cosmin Ugaen expressly reserves the right to change, supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.

19.4 All data is published conscientiously but without guarantee.

19.5 Errors in the content will be corrected immediately upon being brought to my attention. All rights, including those of reprinting extracts, photomechanical reproduction and translation, are reserved and require the written consent of Cosmin Ugaen. Unauthorised use, even of extracts, will be prosecuted.

20. Terms of Sale

20.1 The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract).

20.2 Minimum order quantities and/or values may apply at my discretion.

20.3 You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.

20.4 A Contract shall not be effective until I have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).

20.5 I may in my sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by me unless accepted in writing by me. If there is any conflict between the prices indicated online and my acknowledgement of the Contract, then the latter shall take precedence.

20.6 I do my best to ensure that the information about Products is accurate and up to date. However, I do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so I cannot guarantee that your computer will accurately display such colours.

20.7 I reserve the right to modify the information about Products displayed on my Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

20.8 While I do my best to always accept Orders, I could however refuse an Order in certain cases, for example if: you provide me with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; I discover that there was an error on my Site relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; I have reasonable grounds to believe that you intend to resell the Products. If I cannot accept your Order I will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.

20.9 If I cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on my Site, I will refund you any money you may have already been charged for such Products.

20.10 Cosmin Ugaen reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Cosmin Ugaen may do this for example, but without limitation, where:

• • Cosmin Ugaen’ suppliers are unable to supply Products that they have previously promised to supply;
  • an event beyond Cosmin Ugaen’ control, such as storm, fire, flood or failure of computer systems, means that Cosmin Ugaen is unable to supply the Products within a reasonable time;
  • Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
  • you ask Cosmin Ugaen to cancel your Order.

20.11 You may cancel your Order where Cosmin Ugaen:

• • has breached a material term of this Agreement;
  • is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside Cosmin Ugaen’ control.

20.12 Where Cosmin Ugaen cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

20.13 In the event of Cosmin Ugaen or you are cancelling your Order after payment has been processed, Cosmin Ugaen will refund any money paid in respect of that Order.

20.14 Except to the extent otherwise required by law or as expressly set out in these terms and conditions, Cosmin Ugaen will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

20.15 As Cosmin Ugaen is dependent upon its Suppliers to provide stock, Cosmin Ugaen cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. Cosmin Ugaen reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, Cosmin Ugaen will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

20.16 The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in me (even though they have been delivered and risk has passed to you) until I give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the Product has been received by us; and (b) all other money payable by you to me or under the Contract or any other contract or order has been received by me. my rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of my other rights or remedies under the Contract or in law or equity. I shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.

20.17 Cosmin Ugaen makes no warranty or representation that the Products will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. I make no guarantee of any specific results from the use of my Products.

20.18 If you purchase a mug that has printed my Trademark on it, you agree that such products are only for your personal use. You may not use this product for business purposes. For example, you may not take photos of a mug to post on social media, to send privately to others, for unauthorized business, etc. The mug that displays the trademark „Cosmin Ugaen” can not be used in any way for purposes of misleading the public may lead to your liability before the law.

21. General Provisions

21.1 This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Cosmin Ugaen will bind and inure to any assignees, administrators, successors, and executors.

21.2 If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.

21.3 If I fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

21.4 Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.

21.5 No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.

21.6 I not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.

21.7 The terms herein will be governed by and construed by the laws of England and Wales without giving effect to any principles of conflicts of law. The Courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the website.