CITIZEN COUTURE WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
Citizen Couture welcomes you to its website, citizencouture.com (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site (the “Service”). By using or visiting the Site, including but not limited to, participation in its bulletin boards, postings, blogs or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. Citizen Couture reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Service, without notice.
The term “You” (and its variants) refers to You as a user of the Service and the term “Us” (and its variants) refers to Citizen Couture.
If you were featured on Citizen Couture and would like to modify or delete your photo and/or the information associated with the photo, please contact us.
OWNERSHIP OF THE SITE AND ITS CONTENTS
This Site is owned by Citizen Couture. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection is owned by Citizen Couture.
All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
MEMBER ACCOUNT, PASSWORD AND SECURITY
In order to use certain features of the Site, you may be required to register with citizencouture.com. When you register, you will be issued a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Citizen Couture of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Citizen Couture cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Citizen Couture, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Citizen Couture does not control, review, moderate, or otherwise monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Citizen Couture be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Citizen Couture official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- 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, except in those areas (such as shopping) that are designated for such purpose, 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 the Service to solicit users directly for commercial purposes without prior written authorization from Citizen Couture. Designers and Boutique Owners may promote their services, subject to i) common sense and good judgment, ii) Citizen Couture review, and iii) specific requirements regarding use of the Service for commercial purposes that Citizen Couture may, from time to time, communicate directly to Designers and Boutique Owners individually;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- access the Service from territories where its contents are illegal is prohibited (those who choose to access the Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another;
- use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Service; or
- collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise.
You acknowledge that Citizen Couture may not pre-screen Content, but that Citizen Couture designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Citizen Couture and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Citizen Couture or submitted to Citizen Couture, including without limitation information in Citizen Couture Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Citizen Couture may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Citizen Couture, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Citizen Couture and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Citizen Couture does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, emailing, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to Citizen Couture (“Submissions”) by any means, you grant Citizen Couture a worldwide, royalty-free, fully paid up, non-exclusive, sublicensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
- with respect to Submissions you make available for inclusion solely in areas of the Service which are not publicly accessible such license shall be limited to use solely for the purpose for which the Content was provided; and
- with respect to Submissions you make available for inclusion on publicly accessible areas of the Service, other than text. Citizen Couture’s license shall terminate at the time you remove or Citizen Couture removes such Content from publicly accessible areas of the Service, but any sublicenses previously granted by Citizen Couture to third parties shall endure; and
- with respect to Submissions of text, the license shall be perpetual and irrevocable; and
“Publicly accessible” areas of the Service are those areas of the Citizen Couture network of properties that are intended by Citizen Couture to be available to the general public. By way of example, publicly accessible areas of the Service would include portions of the Site, and Photos that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Citizen Couture sections that are limited to members, Citizen Couture services intended for private communication, or areas off of the Citizen Couture network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Citizen Couture.
CONTRIBUTIONS TO Citizen Couture
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Citizen Couture through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Citizen Couture is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Citizen Couture shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Citizen Couture may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Citizen Couture without any obligation of Citizen Couture to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Citizen Couture under any circumstances.
RESTRICTIONS ON USE OF MATERIAL
Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Site. To seek permission, you may write to us using the contact form. If permission is granted and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Citizen Couture may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Citizen Coutre’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Citizen Couture has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Citizen Couturee reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that Citizen Couture reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
Citizen Couture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including charging or ceasing to charge subscription fees to some or all users for some or all services. You agree that Citizen Couture shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or of any fees associated with it.
You agree that Citizen Couture may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Citizen Couture account, any associated email address, and access to the Service. Citizen Couture does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Citizen Couture may have at law or in equity.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Services, and/or (i) no cause at all.
Termination of your Citizen Couture account includes (a) removal of access to all offerings within the Service, including but not limited to Citizen Couture Mail, Groups, Messenger, Chat, Domains, Personals, Message Boards, Greetings, and Alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Citizen Couture’s sole discretion and that Citizen Couture shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You may terminate your account, this Agreement and your right to use the Company Service at any time and for any reason or no reason, by contacting us.
THIRD-PARTY SITES, PRODUCTS, AND SERVICES; LINKS
1. Other Users. Your correspondence or dealings with, or participation in activities with, other users found on or through the Service are solely between you and such user. While Citizen Couture strives to foster a supportive community which helps reputable and competent people help each other, you acknowledge and agree that we are not responsible for the availability, quality, or performance of goods or services promised by other users, and we do not endorse and are not responsible or liable for any Content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications or other activities with site users, either through the Service, elsewhere online, or offline. YOU AGREE THAT Citizen Couture WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OR ACTIVITIES OF SUCH USERS ON OR IN CONNECTION WITH THE SERVICE.
2. Other Web Sites. The Service may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). Citizen Couture does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Citizen Couture makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
3. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT Citizen Couture WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON OR IN CONNECTION WITH THE SERVICE.
INTELLECTUAL PROPERTY RIGHTS
All materials contained in this Web Site are the copyrighted property of Citizen Couture. As between Citizen Couture and you, Citizen Couture is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
The information contained in this website is for general information purposes only. The information is provided by Citizen Couture and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Citizen Couture, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
Citizen Couture AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE, INCLUDING ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (i) WILL MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) YIELD RESULTS THAT ARE ACCURATE OR RELIABLE; (iv) WILL MEET YOUR QUALITY OR OTHER EXPECTATIONS; NOR THAT (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Citizen Couture OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Citizen Couture AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Citizen Couture HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
2. IN NO EVENT WILL Citizen Couture OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
3. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Citizen Couture AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.
You agree to indemnify and hold harmless Citizen Couture and its subsidiaries, affiliates, officers, agents, employees, partners, licensees and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use or misuse of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another. Citizen Couture reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You alone are responsible for your involvement with other users. Citizen Couture reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Citizen Couture (and Citizen Couture’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
COPYRIGHTS OR INTELLECTUAL PROPERTY INFRINGEMENT
Citizen Couture respects the intellectual property of others, and we ask our users to do the same. Citizen Couture reserves the right to disable and/or terminate the accounts of users who are found to be repeat infringers. If you are a copyright holder and believe that any content available through the Service infringes your rights, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APPLICABLE LAWS AND DISPUTE RESOLUTION
We operate the Site and Service from New York City, New York and we make no representations that information and materials included in the Site or Services are appropriate or available for use in other locations. Access to the Service from any territory where the content is illegal is prohibited.
If a dispute arises between you and Citizen Couture, you and Citizen Couture agree that we will resolve any claim that arises out of or relates to this Agreement or our Site or Services (a “Claim”) solely in accordance with the provisions set forth below or as we and you otherwise agree in writing.
1. Law and Forum for Disputes. This Agreement shall be governed in all respects by the laws of the State of New York without reference to conflict of law provisions. You agree that any claim or dispute you may have against Citizen Couture shall be exclusively resolved by a court located in New York City, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
2. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Claims. YOU AND Citizen Couture AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE Citizen Couture SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
4. Improperly Filed Claims. All claims you bring against Citizen Couture must be resolved in accordance with this Section, and any claims filed or brought contrary to the Section shall be considered improperly filed. Should you file a claim contrary to this Section, Citizen Couture may recover reasonable attorneys’ fees and costs up to $1000, provided that Citizen Couture has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
1. Entire Agreement. The Terms and Conditions, including any documents incorporated by reference herein, constitutes the entire agreement between you and Citizen Couture and governs your use of the Service, superseding any prior agreements between you and Citizen Couture with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Citizen Couture services, affiliate services, third-party content or third-party software.
2. Waiver and Severability of Terms. The failure of Citizen Couture to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
3. No Right of Survivorship and Non-Transferability. You agree that your Citizen Couture account is non-transferable and any rights to your contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Headers and Titles. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
6. Assignment. You may not assign or transfer the Terms and Conditions or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and Conditions at any time without notice.
7. Survival. Sections will survive any termination of these Terms.