These Terms of Service are a contract between you and Citizens Of Culture., a company with its principle place of business at 454b jung jing rd, Los Angeles, CA (“Citizens Of Culture”). Citizens Of Cultureoperates www.citizensofculture.com (“Orchestra Life Studio, No Pressure No Shame, Correspondence Print”) and the product sampling , marketing services therein (collectively the “Service”). By subscribing to the Citizens Of Culture Site and accepting any prodcuts from the Citizens Of Culture Program, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Citizens Of Culture Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO PARTICIPATE IN THE CITIZENS OF CULTURE PROGRAM, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO PARTICIPATE IN THE CITIZENS OF CULTURE PROGRAM AT YOUR OWN RISK.
License Grants & Restrictions.
Infinity Box hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Citizens Of Culture Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Citizens Of Culture Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Citizens Of Culture Site. All rights not expressly granted to you are reserved by Infinity Box and its licensors. You shall not (i) modify or make derivative works based upon the Citizens Of Culture Site; (ii) reverse engineer or access the Citizens Of Culture Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Citizens Of Culture Site, or (c) copy any features, functions or graphics of the Citizens Of Culture Site. You further acknowledge and agree that, as between the parties, Infinity Box owns all right, title, and interest in and to the Citizens Of Culture Site, including all intellectual property rights therein.
- You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Citizens Of Culture Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
- You shall: (i) notify Wufoo.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Wufoo.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
- You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Citizens Of Culture Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Citizens Of Culture Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Citizens Of Culture Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
As a condition to your use of the Citizens Of Culture Site, you agree not to:
- upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
- phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Citizens Of Culture Site;
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Citizens Of Culture Site;
- reverse engineer, decompile or disassemble any of the software used to provide the Citizens Of Culture Site;
- reproduce, duplicate or copy or exploit any other portion of the Citizens Of Culture Site, without the express written permission of Infinity Box;
- interfere with or disrupt the Citizens Of Culture Site, or any servers or networks connected to the Citizens Of Culture Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Citizens Of Culture Site;
- obtain, collect, store or modify the personal information about other users;
- modify, adapt or hack the Citizens Of Culture Site or falsely imply that some other site is associated with the Citizens Of Culture Site or Infinity Box; or
- use the Citizens Of Culture Site for any illegal or unauthorized purpose. You must not, in the use of the Citizens Of Culture Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Infinity Box will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Citizens Of Culture Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Infinity Box is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Citizens Of Culture Site by Infinity Box; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
In the course of using the Citizens Of Culture Site, you may provide Infinity Box with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Citizens Of Culture Site (collectively “Feedback”). You hereby grant Infinity Box a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Violation of these Terms of Service.
Infinity Box reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Infinity Box may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Infinity Box has no obligation to pre-screen or monitor your access to or use of the Citizens Of Culture Site or any information, materials or other content provided or made available through the Citizens Of Culture Site, but has the right to do so. You hereby agree that Infinity Box may, in the exercise of Infinity Box’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen or writing Infinity Box a letter to the following address:
Citizens Of Culture
The Account page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Infinity Box once your account is cancelled. Please be aware that Infinity Box may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Infinity Box reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Infinity Box, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Infinity Box may refuse to provide you any current or future use of the Citizens Of Culture Site, or any other Infinity Box Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Infinity Box once your account is terminated; however Infinity Box may for a time retain residual information in our backup and/or archival copies of our database.
Infinity Box reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Citizens Of Culture Site and Prices.
- Infinity Box reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Citizens Of Culture Site and Service (or any part thereof) with or without notice.
- Prices of all Citizens Of Culture Sites, including but not limited to monthly subscription plan fees to the Citizens Of Culture Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Citizens Of Culture Site.
- Infinity Box shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Citizens Of Culture Site.
- Infinity Box reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Citizens Of Culture Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Citizens Of Culture Site after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership.
We claim no intellectual property rights over the material you provide to you.
Citizens Of Culture does not quality control parcels, but Citizens Of Culture and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any parcels that are part of the program without notice.
Disclaimer of Warranties.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE BETA TESTER PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. Citizens Of Culture AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Citizens Of Culture AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Citizens Of Culture DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE CITIZENS OF CULTURE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OF SUCH CONTENT.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL INFINITY BOX OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR Citizens Of Culture Site ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Citizens Of Culture OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR Citizens Of Culture Site, FROM INABILITY TO USE THE SERVICES OR Citizens Of Culture Site, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR Citizens Of Culture Site (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Citizens Of Culture or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Citizens Of Culture.
Questions about the Terms of Service should be addressed to email@example.com