Comet Terms of Service

Effective June 8, 2020

This Comet User Agreement ("Terms") applies to your access to and use of getcomet.net ("Comet," "we," or "us"). By accessing or using Comet, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Comet.

Age

You must be 13 years of age or older to access and use Comet.

Your Account

To use certain features of Comet, you may be required to create a Comet account (an "Account") and provide us with a username and password. By creating an account, you agree to these Terms and our Privacy Policy.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. Your account security is Your responsibility and Comet is not liable for any Account security issues. We recommend that you use a strong password that is used only with Comet.

You will not license, sell, or transfer your Account without our prior written approval.

Your Content

Comet may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to Comet by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to Comet, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Comet the following license to use that Content:

When Your Content is created with or submitted to Comet, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Comet. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Comet that you provide to us are entirely voluntary, and you agree that Comet may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.

Third-Party Content

Comet may contain links to third-party websites, products, or services, which may be posted by other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

Usage

When accessing or using Comet, you must respect others and their rights, including by following these Terms and the Content Policy, so that we all may continue to use and enjoy Comet. We support the responsible reporting of security vulnerabilities. To report a security issue, please send a direct message to Dan#7457 on Discord.

When accessing or using Comet, you will not:

  • Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use;
  • Use Comet to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
  • Attempt to gain unauthorized access to another user’s Account or to Comet (or to other computer systems or networks connected to or used together with Comet);
  • Upload, transmit, or distribute to or through Comet any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
  • Use Comet to harvest, collect, gather or assemble information or data regarding Comet or users of Comet except as permitted in these Terms or in a separate agreement with Comet;
  • Use Comet in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Comet or that could damage, disable, overburden, or impair the functioning of Comet in any manner;
  • Intentionally negate any user's actions to delete or edit their Content on Comet; or
  • Access, query, or search Comet with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl Comet for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.

Copyright, the DMCA & Takedowns

Comet respects the intellectual property of others and requires that users of Comet do the same. We have a policy that includes the removal of any infringing materials from Comet and for the termination, in appropriate circumstances, of users of Comet who are repeat infringers. If you believe that anything on Comet infringes a copyright that you own or control, you may send a direct message to Dan#7457 on Discord.

Also, please note that if you knowingly misrepresent that any activity or material on Comet is infringing, you may be liable to Comet for certain costs and damages.

Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold Comet harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of Comet, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

COMET IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMET, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT COMET IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. COMET DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO COMET OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE COMET ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF COMET SAFE, WE DO NOT REPRESENT OR WARRANT THAT COMET OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL COMET BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR COMET, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON COMET THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, COMET IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMET ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID COMET IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF COMET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Governing Law and Venue

Except for the government entities listed below: any claims arising out of or relating to these Terms or Comet will be governed by the laws of New Jersey, other than its conflict of laws rules; all disputes related to these Terms or Comet will be brought solely in the federal or state courts located in Morristown, New Jersey; and you consent to personal jurisdiction in these courts.

Government Entities

If you are a U.S. city, county, or state government entity, then this Section "Governing Law and Venue" does not apply to you.

If you are a U.S. federal government entity: any claims arising out of or relating to these Terms or Comet will be governed by the laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of New Jersey (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or Comet will be brought solely in the federal or state courts located in Morristown, New Jersey.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to Comet and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through Comet. By continuing to access or use Comet on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using Comet before the changes become effective.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of Comet. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.