Terms Of Service
Welcome to this website (this “Site”), which is owned and operated by Cobra Softwares. These Terms of Services (these “Terms of Services”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.
The terms “we”, “us” or “our” shall refer to Cobra Softwares. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Services by using this Site or the Services found at this Site.
Nothing in these Terms of Services shall be deemed to confer any third-party rights or benefits. Cobra Softwares, in its sole and absolute discretion, may change or modify this Terms of Service, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
You acknowledge and agree that (i) Cobra Softwares may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Services as last revised. If you do not agree to be bound by these Terms of Services as last revised, do not use (or continue to use) this Site or the Services found at this Site.
2. Payment Options Accepted
Payment may be made directly via Paypal, Visa, MasterCard or by bank transfer into the Cobra Softwares bank account, the details of which will be provided on request.
3. Card Acquiring and Security
Card transactions will be processed for Cobra Softwares via Stripe, LLC. Stripe, LLC will both store and process bank card based payments. No card details are stored on the Cobra Softwares website. Users may go to www.stripe.com to view their privacy and security policy.
4. Delivery Policy
Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of email. Orders are processed instantly in most cases.
5. Refund Policy
The provision of goods and services by Cobra Softwares is subject to availability. In cases of unavailability, Cobra Softwares will refund the client in full within 30 days. Cancellation of orders by the client will attract a no administration fee. No refunds will be available after the 30 day period.
6. Eligibility and Authority
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your agreement to these Terms of Service, Cobra Softwares finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Cobra Softwares shall not be liable for any loss or damage resulting from Cobra Softwares’s reliance on any instruction, notice, document or communication reasonably believed by Cobra Softwares to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Cobra Softwares reserves the right (but undertakes no duty) to require additional authentication from you.
In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Cobra Softwares that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Cobra Softwares has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Cobra Softwares reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and payment method(s).
8. Rules Of Conduct
You acknowledge and agree that:
Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services found at this Site in a manner (as determined by Cobra Softwares in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Cobra Softwares.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access Cobra Softwares Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Cobra Softwares may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. Cobra Softwares does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
9. Your Use Of Cobra Softwares Content And User Content
In addition to the general rules above, the provisions in this Section 9 apply specifically to your use of Cobra Softwares Content and User Content posted to Cobra Softwares’s corporate websites (i.e., those sites which Cobra Softwares directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Cobra Softwares Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Cobra Softwares Content”), are owned by or licensed to Cobra Softwares in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
Cobra Softwares Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Cobra Softwares. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Services. Cobra Softwares reserves all rights not expressly granted in and to the Cobra Softwares Content, this Site and the Services found at this Site, and these Terms of Services do not transfer ownership of any of these rights.
10. Account Termination Policy
Cobra Softwares generally does not pre-screen User Content (whether posted to a website hosted by Cobra Softwares or posted to this Site). However, Cobra Softwares reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Services. Cobra Softwares may remove any item of User Content (whether posted to a website hosted by Cobra Softwares or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Services, or for otherwise violating these Terms of Services (as determined by Cobra Softwares in its sole and absolute discretion), at any time and without prior notice.
Cobra Softwares may also terminate a User’s access to this Site or the Services found at this Site if Cobra Softwares has reason to believe the User is a repeat offender. If Cobra Softwares terminates your access to this Site or the Services found at this Site, Cobra Softwares may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
11. Reservation Of Rights
Cobra Softwares expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Cobra Softwares in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Cobra Softwares in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Cobra Softwares, its officers, directors, employees and agents, as well as Cobra Softwares affiliates.
12. Trademark and/or Copyright Claims
Cobra Softwares follows a law-of-the-land policy and will follow the laws of the country the website data is located within.
13. Compliance with local laws
Cobra Softwares makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
14. No Third-party Beneficiaries
Nothing in these Terms of Services shall be deemed to confer any third-party rights or benefits.